IN THE SUPREME COURT OF BANGLADESH HIGH COURT DIVISION

(SPECIAL ORIGINAL JURISDICTION)

Writ Petition No. 3901 of 2020 IN THE MATTER OF:

An application under Article 102 of the Constitution of the People’s Republic of Bangladesh.

-And-

IN THE MATTER OF:

Subir Nandi Das …Petitioner

-Versus-

The Government of the People’s Republic of Bangladesh, represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs, Bangladesh Secretariat, Dhaka and others

………..Respondents

Mr. Md. Abdul Alim Miah (Jewel), advocate with Mr. Subir Nandi Das (In Person), advocate

Mr. Abdul Kaium Khan, advocate

Mr. Ashfakuzzoha Roman, advocate

Ms. Momtaj Parvin, Advocate, and

Mr. Subrata Kumar Das, advocate

.......…For the petitioner

Mr. A.M. Amin Uddin, Attorney General with Mr. ABM Abdullah Al Mahmud, DAG

….... For the respondents

Present:

Mr. Justice K.M. Kamrul Kader

And

Mr. Justice Sardar Md. Rashed Jahangir

Heard on: 05.12.2021

And

Judgment On: 16.03.2022

K. M. Kamrul Kader , J :

On an application under Article 102 of the Constitution of the People’s Republic of Bangladesh this Rule Nisi was issued on 18.08.2020, in following terms:-

“Let a Rule Nisi be issued calling upon the respondents to show cause as to why a direction should not be given upon the Respondents to display the portrait of the Father of the Nation Bangsbandhu Sheikh Mujibur Rahman in the Sessions Hall (A¢d­hne qm) of Parliament (House of the Nation) as enunciated in Article 4A of the Constitution of the People’s Republic of Bangladesh and/or pass such other or further order or orders as to this court may seem fit and proper.

Facts relevant for disposal of the Rule, are that the petitioner is an Advocate of the Supreme Court of Bangladesh and who has inclined to file this writ petition in the form of Public Interest Litigation (hereinafter referred as PIL) before this Court in order to uphold and protect the constitutional sprit being the solemn duty of a citizen of Bangladesh by virtue of the constitutional mandates envisaged on Article 7 and Article 21(1) of the Constitution of the People’s Republic of Bangladesh and also for adhering the Canons of Professional Conduct and Etiquette of Advocates who firmly retains the ideology of the Father of the Nation Bangabandhu Sheikh Mujibur Rahman.

It is stated that the Government in exile (fhСp£ plL¡l) of Bangladesh issued the Proclamation of Independence on 10th April 1971, which served as the interim first constitution of Bangladesh. After independence, the East Pakistani members

of Pakistan's federal and Provincial Assembly were transformed into members of the Constituent Assembly of Bangladesh which was constituted under the provision of the Provincial Constitution of Bangladesh Order, 1972. The first session of the Constituent Assembly was held in the Old Parliament House, (at present Prime Minister Office), Tejgaon, Dhaka and the Constituent Assembly sat on several sessions and it also formed a committee of 34 members for drafting the Constitution of Bangladesh. The Constituent Assembly treating Bangabandhu Sheikh Mujibur Rahman as founder of Bangladesh and his portrait was kept and preserved in the session room of the Constituent Assembly.

It is also stated that the existing Constitution of the People's Republic of Bangladesh was adopted and enacted by the Constituent Assembly on 4th November, 1972 which came into effect from 16th December, 1972 and the preamble of the Constitution of the People's Republic of Bangladesh contains the core elements of independent of Bangladesh and narrates it as “We, the people of Bangladesh, having proclaimed our independence on the 26th day of March, 1971 and through a historic struggle for national liberation, established the independent, sovereign People's Republic of Bangladesh;...." thereby glorifying the significance of liberation war and historic struggle for achieving the sovereignty Bangladesh which was led

by the Founder Father of the Nation, Bangabandhu Sheikh Mujibur