Bangla Press Desk: The Appellate Division of the Supreme Court has ordered a status quo on all construction activities at the Mahasthangarh archaeological site in Bogura, while granting the government leave to appeal against a 2012 High Court verdict directing preservation of the historic site.
A four-member bench of the Appellate Division, headed by Chief Justice Zubayer Rahman Chowdhury, passed the order on Sunday after hearing an appeal filed by the state against the High Court judgment.
The apex court granted the appeal against the High Court verdict delivered on 19 January 2012, which had imposed restrictions on development activities within the boundaries of Mahasthangarh.
At the same time, the Appellate Division directed that the existing position regarding any construction work at the archaeological site be maintained until further orders.
Attorney General Md Ruhul Quddus Kajal represented the state, while senior lawyer of Bangladesh Supreme Court Manzil Morshed moved for the writ petitioner,
During the hearing, the attorney general told the court that facilities including a prayer space and washrooms were needed for women visiting Mahasthangarh. As construction activities are restricted within the archaeological site's boundaries under the High Court verdict, state sought modification of the judgment to allow such facilities to be constructed.
Manzil Morshed opposed the plea and submitted that Mahasthangarh is a historically significant archaeological site and is included in UNESCO's tentative list of World Heritage Sites. He argued that allowing construction inside the archaeological site could jeopardise its prospects of being included in the final World Heritage list.
Manzil also urged the Appellate Division to maintain the status quo so that no new construction could take place at the site while the government's appeal is pending.
The case originated in 2010 when the then shrine committee attempted to construct a mosque and undertake other development activities within the boundaries of Mahasthangarh. Following media reports on the development, Human Rights and Peace for Bangladesh (HRPB) filed a public-interest writ petition seeking preservation of the archaeological site.
The High Court subsequently formed a committee and directed it to submit a report on measures required to preserve Mahasthangarh. The committee recommended constructing a mosque on the eastern side adjacent to the archaeological site.
After hearing the matter, the High Court prohibited any development activities within the boundaries of Mahasthangarh.No significant activities were undertaken at the site for around 15 years following the verdict. However, recently, a minister concerned allocated Tk73 lakh for road construction in the area.
The district administration subsequently stopped the road construction work, following which the government filed an appeal against the 2012 judgment.
The Ministry of Cultural Affairs and the Directorate General of Archaeology reportedly expressed their objections to the government's appeal and communicated their positions to the Solicitor's Office. The matter was also reported in the media.
