The Appellate Division has stayed a High Court order regarding legality of the appointment of former BKMEA President Md Fazlul Hoque as administrator of The Federation of Bangladesh Chambers of Commerce and Industry (FBCCI).
On Thursday Chamber Judge of the Appellate Division Md Rezaul Haque passed the order following a hearing on an application filed by the Ministry of Commerce.
Simultaneously, the court directed writ petitioner Alauddin Al Masum to appear in person before the Appellate Division on 16 November.
Following the order, Attorney General Md Ruhul Quddus Kazal said there is no longer any legal bar to Fazlul Hoque carrying out his duties and organising the subsequent election.
Attorney General Md Ruhul Quddus Kazal and lawyer Md Tajul Islam represented the Ministry of Commerce’s application in court. Earlier on 26 July, the Ministry of Commerce appointed Md Fazlul Hoque as administrator of FBCCI for a tenure of 120 days.
An office order issued by the Trade Organisation-1 branch of the ministry mentioned that under the Trade Organisations Act with government approval, former president of the Bangladesh Knitwear Manufacturers and Exporters Association (BKMEA) Fazlul Hoque was appointed administrator to maintain operational continuity at FBCCI and foster the expansion of trade and industry in the country.
According to the terms of the appointment, he is required to organise a fair and neutral election within 120 days, hand over charge to the elected committee, and inform the ministry.
However, Alauddin filed a writ petition in the High Court challenging the validity of this appointment.
On 17 August, the High Court issued a rule alongside an order stating that if Fazlul Hoque failed to organise the election within the stipulated timeframe, the director general of the Ministry of Commerce would take charge of FBCCI and arrange elections within four months.
The commerce secretary subsequently filed an application with the Appellate Division against the High Court order. Following Thursday’s hearing, the Chamber Judge stayed the order.
Regarding the ruling, the attorney general said in granting interim orders, the High Court cannot issue directions legally forcing an authority or government to act when they cannot be legally compelled to do so.
With the chamber judge staying the High Court order, there is no legal impediment to government-appointed administrator Fazlul Hoque carrying out his duties and conducting the election.
He added that under the law, the administrator’s tenure can be extended up to a maximum of one year.
Mentioning that the writ petitioner had previously filed multiple writs concerning FBCCI, the attorney general said his actions were brought before the chamber judge on Thursday.
On allegations of misleading the court or engaging in actions tantamount to contempt of court in certain instances, he has been directed to appear in person before the Appellate Division on 16 November to provide an explanation, the attorney general said.
