No chance to discuss, interpret AD observation on Article 70: HC

The High Court on Tuesday there is no chance for further discussion or fresh interpretation of observations regarding Article 70 of the constitution which were upheld by the Appellate Division in its verdict on 16th amendment to the constitution.

The bench of Justice Moyeenul Islam Chowdhury and Justice JBM Hassan made the observation before adjourning hearing till a week after the Supreme Court vacation on a writ petition challenging legality of Article 70 of the constitution which allows the cancellation of membership of an MP for voting against his or her political party.

The court goes into vacation from August 24.

The court said in their previous verdict on the 16th amendment to the constitution, they had observed that the MPs cannot take independent view and the Appellate Division upheld it in its verdict.

Supreme Court lawyer Eunus Ali Akond filed the petition saying that the Article 70 was against democracy and articles 7, 19, 26, 27, 44, 31 and 119 of the constitution. The cabinet secretary, secretary to the parliament secretariat, and the law secretary have been made respondents to the petition.

During Tuesday’s hearing, deputy attorney general Motahar Hossain Sazu said the petitioner was not an aggrieved person and the filed the petition for his personal interests.

Sazu said if the court issues rule on this petition, it would enhance conflict between executives and judiciary. He pleaded for rejecting the petition.

Source: New Age