The New Nation - Internet Edition

UNB, Dhaka

The High Court Sunday declared "illegal" an ordinance amending the Muslim Marriage and Divorce Registration Act 1974, with an edict that it's none of the caretaker regime's business.

The High Court in its judgment observed that the promulgation of such an ordinance does not come within the purview of the President during the interim period, as the interim regime "shall carry out only routine function".

Except in the case of necessity for the discharge of such function, the interim regime "shall not make any policy decision," the court said, referring to the Article 58D of the Constitution.

"Besides, the interim government shall give to the election commission all possible aid and assistance that may be required for only holding the general election fairly and impartially," the judgment noted.

A division bench comprising Justice ABM Khairul Haque and Justice M Abu Tariq delivered the judgment following a writ petition challenging the power of the President to promulgate such Ordinance during the interim period. The High Court also declared unlawful the circular to the deputy commissioners for functioning in compliance with the Ordinance.

The President and some executives of Bangladesh Muslim Marriage Registrars Samity filed the writ petition.

This court judgment revived the original Muslim Marriage and Divorce Registration Act 1974.

In February, the President promulgated the Ordinance amending the Act that empowers the deputy commissioners to appoint and dismiss marriage registrar, popularly known as Quazi, and issue licence in this regard.

Prior to promulgation of the Ordinance, the government through its law ministry used to do the function in accordance with the Muslim Marriage and Divorce Registration Act 1974.