Member of the BNP Chairperson’s Advisory Council and President of the Supreme Court Bar Association, Barrister A M Mahbub Uddin Khokon, has said that if BNP leader Ishraque Hossain is not sworn in as Mayor of Dhaka South City Corporation (DSCC) following the High Court’s order, it will amount to contempt of court.
He made this remark to journalists on Thursday following the court’s ruling on the writ petition.
Earlier, the High Court rejected the writ petition that challenged the gazette notification by the Election Commission declaring Ishraque Hossain as DSCC Mayor, and also sought to prevent him from taking the oath. The verdict was delivered by the High Court bench of Justice Md Akram Hossain Chowdhury and Justice Debasish Roy Chowdhury.
Later, Barrister Mahbub Uddin Khokon said: “The High Court Division stated—this case originated from the tribunal (election tribunal). If anyone is aggrieved (as a respondent in the tribunal case), they may appeal to the Appellate Tribunal.”
“No one challenged that verdict of the tribunal. The Election Commission issued the gazette in accordance with the law. The oath will follow as per the gazette.”
He further said: “If anyone wanted to challenge it, they should have gone to the Appellate Tribunal. No one did. The (writ) petitioner has no legal standing to file this case. The court gave a significant observation on that. Anyone may file a case in the public interest. But that is different. For instance, cases related to the environment, human rights, or fundamental rights can be filed as public interest litigation. This (writ) is not a public interest case. The petitioner couldn’t prove any social engagement as a voter of Dhaka city, nor could he prove that he was harmed as a voter.”
Mahbub Uddin Khokon said: “The court dismissed the writ with observations. Therefore, there is no obstacle for Ishraque to take the oath. He must be sworn in by May 26. A particular group tried to obstruct the oath-taking. That attempt has failed. If the oath is not administered, it will be considered contempt of court.”