The New Nation - Internet Edition

UNB, Dhaka

The High Court yesterday declared illegal the cancellation of National Mourning Day and pubic holiday on August 15 by the previous BNP-led 4-party alliance government.

It was however not clear immediately if the interim administration would appeal against the High Court verdict.

A two-member Division Bench of Justice MA Rashid and Justice M Ashfaqul Islam delivered the judgment following a writ petition that had challenged the impugned decision of the BNP-led government on July 28, 2002.

In its observations the bench said the past alliance government's impugned decision is a denial of a state decision.

The bench said the ground on which the alliance government cancelled the National Mourning Day and public holiday on August 15 was not factually correct.

Canceling the August 15 as National Mourning Day the BNP-led government argued that the day was neither fixed nor observed as National Mourning Day previously.

The bench order also set aside the changes made by the alliance government in the Flag Rules of 1972 canceling the hoisting of national flag half-mast to pay respect to the memory of Bangabandhu Sheikh Mujibur Rahman.

On August 8, 1996 the Awami League government headed by Prime Minister Sheikh Hasina declared August 15 as National Mourning Day and public holiday to pay respect to Father of the nation Bangabandhu Sheikh Mujibur Rahman who was assassinated on August 15, 1975 along with most members of his family by a group of soldiers.

Following the Awami League government's decision, August 15 was used to observe with due respect at the state level and national flag was hoisted half-mast at home and Bangladesh Missions abroad.

Advocate Mozammel Huq filed the writ petition in the form of Public Interest Litigation in August last year.

On August 6, the High Court had issued a rule on the incumbent caretaker government to explain why the cabinet decision in July 2002 canceling the National Mourning Day and public holiday should not be declared illegal.