Ministers’ holding office: HC set to hear 3 writs Monday

Resignation

The High Court will hear on Monday three writ petitions filed challenging the legality of holding office by ministers and state ministers even after the submission of their resignation letters to the Prime Minister.

 

The HC bench comprising Justice Mirza Hussain Haider and Justice Muhammad Khurshid Alam Sarkar is set to hear the petitions.

 

Of the writ petitions, one was filed on Sunday while another on Saturday and the other on Thursday.

 

Barrister Ruhul Quddus Kajal, on behalf of Dr Tuhin Malik, filed a writ on Sunday where he prayed to the HC to issue a rule as to why legal action would not be taken against the ministers and government officials helping them on sedition charges for violating the Constitution.

 

The petition also sought another rule as to why the carrying out of state functions, misuse of power and enjoying of state opportunities should not be declared illegal.

 

The petitioner sought HC directive to file criminal cases against them for violating the Constitution.

 

Earlier lawyer Abdullah Al Baki filed a writ on Sunday while Abdul Khaleque, editor of a monthly newspaper, filed the other one on Thursday.

 

The two writ petitions said it is illegal as per the Constitution if ministers carry out any state functions after submitting their resignation letters to the Prime Minister as the Article 58 (1) of the national charter stipulates: “The office of a minister other than the Prime Minister shall become vacant if (a) he resigns from office by placing his resignation in the hands of the Prime Minister for submission to the President.”

 

The cabinet secretary and 45 ministers who submitted their resignation letters have been made respondents to the writ petitions.

Source: UNBConnect

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