The Appellate Division of the Supreme Court again on Thursday refused to stay a High Court verdict that asked the government to restore the 30 per cent quota for the children and grandchildren of freedom fighters while recruiting cadre and non-cadre officers in the civil service.
Attorney general AM Amin Uddin on June 9 appealed to the chamber judge to stay the operation of the High Court鈥檚 June 5 verdict. On the day, the Appellate Division鈥檚 judge at chamber, Justice M Enayetur Rahim, set July 4, Thursday, for hearing by its full court.
On Thursday, a six-judge bench, chaired by chief justice Obaidul Hassan, asked the government to file a regular petition seeking permission to appeal against the High Court verdict. The court adjourned the hearing until the government files the regular petition.
As the attorney general informed the Appellate Division that the High Court has yet to release the full text of the verdict, the chief justice told him that the High Court would be asked to release the full text of the verdict as earlier as possible.聽聽 聽
The chief justice reacted to the appeal made by attorney general AM Amin Uddin for staying the High Court verdict.
He wanted to know from the attorney general why there was such a movement on the streets.
鈥楥an a Supreme Court judgement be changed by the pressure of any movement?鈥� the chief justice added.
In his June 9 appeal, the attorney general stated that students were holding movements against restoration of the quota which was abolished by the government on October 4, 2018, in the wake of students鈥� protests.
The attorney general later argued that abolishing the quota system was the policy matter of the government, and so
the High Court should not interfere with the policy decision.
The judge on June 9 refused to stay the High Court verdict and set July 4 for a full court hearing, stating nothing could be taken unless the government obtains a certified copy of the verdict.
In their June 5 verdict, the bench of Justice KM Kamrul Kader and Justice Khizir Hayat pronounced the verdict declaring a part of the government circular issued on October 4, 2018 abolishing freedom fighters quota in the public service 鈥榠llegal鈥�.
The government circular announced abolishing all the 56 per cent quotas in the public service in the wake of street protests by the public university students and jobseekers demanding reforms to the quota system introduced in 1972.
The court pronounced the verdict after disposing of a writ petition filed by Ohidul Islam, son of freedom fighter Md Foyez Uddin from Rahimganj of Mymensingh, and six others in 2021 challenging the legality of abolishing the 30 per cent quota for dependents of freedom fighters.
The dependents of the freedom fighters argued that the government abolished the freedom fighters鈥� quota in violation of a High Court verdict that on February 12, 2012, directed the government to maintain a 30 per cent quota for the offspring of the freedom fighters in every appointment.
Lawyer Motaher Hossain Sazu appeared for the children of the freedom fighters.