The New Nation - Internet Edition

UNB, Dhaka

After the High Court struck down two of the Presidential ordinances, leading lawyers are now pondering over the legitimacy of scores of other ordinances promulgated by the President during the incumbent caretaker government.

The High Court earlier declared void the Contempt of Court Ordinance 2008 and the Muslim Marriage and Divorce Ordinance 2008.

Talking to UNB, Supreme Court Bar Association president Barrister Shafique Ahmed said the jurisdiction of the President is spelt out in Article 48 (3) of the Constitution.

It says: In the exercise of all his functions, save that of appointing the Prime Minister and the Chief Justice, the President shall act in accordance with the advice of the Prime Minister.

Barrister Shafique also referred to Article 58 D (1) and (2) of the Constitution, which clearly says that the non-party caretaker government shall discharge functions as an interim government and shall carry on the routine functions of such government with aid and assistance of persons in the services of the Republic; and except in the case of necessity for discharge of such functions it shall not make any policy decision.

The SCBA president said some 71-72 ordinances were promulgated by the President during the present caretaker government. It needs to be seen how many of these ordinances are related to the general elections, routine work or policy matters.

He said the ordinances that are related to policy decisions might not have constitutional legitimacy.

Asked if the SCBA will initiate any move to challenge those ordinances, Barrister Shafique said they have not yet discussed it.

But, he said, if any aggrieved person comes forward to challenge any such ordinance, they would take it up through legal means.