A two-member High Court bench has passed split orders in response to the writ petition filed by Bangladesh Jamaat-e-Islami's former amir Ghulam Azam's son, Abdullahil Aman Azmi, challenging the legality of the government's order to dismiss him from the post of brigadier general of the army.
Justice Miftah Uddin Chowdhury, a senior judge of the bench, in his order on January 25 issued a rule asking the government to explain why Azmi's dismissal should not be declared illegal, while Justice Md Jahangir Hossain, in his order last Sunday, summarily rejected the petition.
Azmi's lawyer Abdur Razzaq told reporters that the two-member bench, after hearing the writ petition in an open court, issued the rule on January 25. Later Justice Jahangir Hossain felt embarrassed during the signing the order in his chamber.
Razzaq said that the writ petition was then sent to the chief justice, who returned it to Justice Jahangir Hossain for expeditious disposal.
'Justice Jahangir Hosain heard the writ petition again, which is unprecedented in legal practice, and finally rejected it,' he told reporters.
Attorney general Mahbubey Alam told reporters that the writ petition would now be sent to the chief justice for assigning another judge to finally dispose of the matter.
He also said that the country's president approved Azmi's dismissal order so his writ petition against the president's order cannot be maintainable.
Mahbubey Alam also said that the writ petition was not maintainable as the Constitution bars the armed forces' members from moving to the court.
The defence ministry
on 23 June, 2009 dismissed Azmi from service with the approval of the president.
Azmi filed the writ petition, challenging the dismissal, on 1 November, 2009.
Source : New Age
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