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Supreme Court upholds HC order on freedom fighters’ minimum age

  • Published at 10:57 am June 23rd, 2019
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File photo of Bangladesh Supreme Court Dhaka Tribune

On May 19, the High Court declared illegal a gazette notification setting a minimum age for being recognized as a freedom fighter

The Supreme Court has upheld the High Court order that declared illegal the gazette notification of Liberation War Affairs Ministry, which set a minimum age for being recognized as a freedom fighter.

The four-member bench of the Appellate Division—headed by Chief Justice Syed Mahmud Hossain has passed no order on the appeal hearing on Sunday. 

Attorney General Mahbubey Alam stood for the state while Barrister ABM Altaf Hossain argued for the writ petitioner during the hearing.

Following the no order, the High Court order regarding the matter regard will remain same, Barrister ABM Altaf Hossain said
On May 19, the High Court declared illegal the Liberation War Affairs Ministry’s gazette notification setting a minimum age for being recognized as a freedom fighter.

 Earlier on November 10, 2016, the Ministry of Liberation War Affairs published another gazette determining that the minimum age of freedom fighters had to be 13 years as of March 26 of 1971.

Later on January 31 last year, the Liberation War Affairs Ministry amended the gazette notification fixing the minimum age at 12 years and six months to be eligible for earning the status of a freedom fighter.

According to that order, people who were aged at least 12 and a half years, as of November 30, 1971, would be eligible for applying for the status.

Director of Geological Survey of Bangladesh, Mahmud Hasan, then filed a writ challenging the amended gazette notification.

At the same time, another petition was also filed with the High Court in this regard. 

Upon hearing the petition, the High Court issued a ruling asking the concerned authorities to explain why the amended gazette notification shall not be declared illegal.

The court had asked Liberation War Affairs ministry, its secretary, joint secretary, Power and Energy secretary, Finance secretary, Jatiya Muktijoddha Command Council director general, and director general of the Department of Geological Survey to respond.