Bangla Press Desk: Lawyer Yunus Ali Akhand has filed a writ petition with the High Court challenging the validity of Article 70 of the Constitution and seeking the suspension of the presidential election scheduled for Aug 20.
He confirmed to bdnews24.com that he filed the petition on Wednesday.
The petition seeks a rule asking why Article 70 of the Constitution should not be declared illegal and why the presidential election should not be declared illegal and suspended, he said. The law secretary and cabinet secretary have been made respondents.
Akhand said Justice Moinul Islam Chowdhury had earlier issued a rule in light of the verdict in the 16th Amendment case. However, the second judge differed and did not issue a rule. When the matter went to a third bench, that bench also dismissed the writ petition outright without issuing a rule.
Akhand said he did not appeal against that order. He told bdnews24.com that under the High Court rules, a writ petition that has been directly dismissed can be filed again on new grounds. He said the validity of Article 70 has been challenged this time on such new grounds.
Regarding the presidential election, he said ordinary citizens have no opportunity to contest because the signatures of members of parliament are required as proposers and seconders of a presidential candidate. He claimed this curtails the constitutional rights of the people.
Saying that he had sought suspension of the election schedule until the rule is disposed of, Akhand said: “I have sought a rule asking why Article 70 should not be in conflict with the Constitution. And I have sought a rule asking why the election schedule should not be declared illegal, and until the rule is disposed of, I have sought suspension of the election schedule.”
Claiming that Article 70 is inconsistent with Articles 70 and 65 of the Constitution as well as the democratic spirit reflected in its preamble, he said: “The democratic principle or spirit is curtailed by Article 70. Therefore, Article 70 is inconsistent with the Constitution of Bangladesh, which is ‘of the people, by the people, for the people’. That is why I filed this writ petition.”
The lawyer also said he would bring up the petition before a bench led by Justice Khizir Ahmed Choudhury.
Asked about the number of petitions he has filed, Akhand said he has been practising law for nearly 40 years and has filed “thousands” of petitions. He said he has filed these petitions not only in the public interest but also on behalf of different ordinary citizens.
