Writ challenges legality of oath-taking for 11th JS

Writ challenges legality of oath-taking for 11th JS

A Supreme Court lawyer today filed a writ petition with the High Court challenging the oath-taking of lawmakers elected in the 11th parliamentary election held on December 30 last year.

Advocate Md Taherul Islam Tawhid submitted the petition after the HC bench of Justice Moyeenul Islam Chowdhury and Justice Md Ashraful Kamal allowed him to move the petition that also sought its order on the authorities concerned to cancel or withdraw the oath-taking of lawmakers held on January 3.

Earlier in the day, another HC bench of Justice Syed Refaat Ahmed and Justice Md Iqbal Kabir Lytton refused to permit the petitioner to move the same petition before it, saying that the petition is premature, as all the elected lawmakers are yet to take oath, Barrister Saqeb Mahbub, a lawyer for the petitioner, told The Daily Star.

He also said the writ petition might be filed and moved today before the bench led by Justice Moyeenul Islam Chowdhury as it allowed Advocate Taherul to move the petition.

Barrister AM Mahbub Uddin Khokona appeared for the petitioner seeking permission from the HC benches to file and move the petition before the court.

Citing from the petition, Barrister Shanjid Siddique, another lawyer for the petitioner, told this newspaper that January 3 oath-taking on January 3 took place in violation of Articles 123(3) and 148 (3) of the constitution, as the tenure of 10th parliament is yet to expire.

Article 123(3) says, “A general election of the members of Parliament shall be held in the case of a dissolution by reason of the expiration of its term, within the period of ninety days preceding such dissolution; and in the case of a dissolution otherwise than by reason of such expiration, within ninety days after such dissolution: Provided that the persons elected at a general election under sub-clause (a) shall not assume office as members of Parliament except after the expiration of the term referred to therein.

Article 148 (3) stipulates, “Where under this Constitution a person is required to make an oath before he enters upon an office he shall be deemed to have entered upon the office immediately after he makes the oath”.

The lawyer said the 10th national parliament which first sat on January 29, 2014, still exists and will continue to do so till January 28 this year as per Article 72(3) of the constitution.

Until that period expires, the oath and assumption of the office of persons as MPs are illegal, he added.

YS