SC stays HC order halting cancellation of 49 agencies’ licences

The Appellate Division of the Supreme Court has stayed High Court orders that had suspended the government’s decision to revoke the licences of 49 recruiting agencies over alleged irregularities in sending workers to Malaysia.

Chamber Judge of the Appellate Division Justice Md Rezaul Haque passed the order on Sunday following a state petition seeking a stay on the HC orders.

Attorney General Md Ruhul Quddus Kazal said the government had issued a notification on 19 July revoking the licences of the 49 agencies. After one of the agencies filed a writ petition challenging the notification, the High Court suspended its operation.

The government appealed against the order, and the Appellate Division stayed it on 30 September. Later, 11 more agencies filed separate writ petitions with the High Court and obtained similar stay orders. The Ministry of Expatriates’ Welfare and Overseas Employment subsequently moved the Appellate Division against those orders.

Following Sunday’s hearing, the chamber judge stayed the operation of the High Court orders. As a result, the government’s decision to revoke the licences of the 49 recruiting agencies remains in effect, said the attorney general.

According to the 19 July notification, recruiting agencies are required, as a condition of their licences, to comply with the Overseas Employment and Migrants Act, 2013, the Overseas Employment and Migration (Amendment) Act, 2023, and other relevant laws and regulations.

The notification said charge sheets had been filed and accepted by courts against the agencies under Sections 406, 420, 385, 386, 427 and 34 of the Penal Code, 1860. Their licences were therefore revoked under the migration law, according to the notification.

The agencies whose licences were revoked include Orbitals Enterprise and Orbital International, owned by the wife and daughter, respectively, of former Awami League finance minister AHM Mustafa Kamal.

The list also includes Ahmed International, owned by former Dhaka-20 lawmaker Benazir Ahmed; Snigdha Overseas Ltd, owned by former Feni-2 lawmaker Nizam Uddin Hazari; and Five M International, owned by former Jatiya Party lawmaker and retired Lieutenant General Masud Uddin Chowdhury.

Other agencies on the list include Unique Eastern Private Limited, owned by manpower sector businessman Noor Ali, and Catharsis International, owned by Ruhul Amin alias Swapan, who has been linked to the alleged Malaysia recruitment syndicate.