The Appellate Division of the Supreme Court (SC) did not stay a High Court (HC) order that declared illegal an amended gazette notification determining minimum age of Freedom Fighters (FFs) 12 years six months till November 30, 1971, thus upholding it.
Chamber Judge of Appellate Division Justice Md Nuruzzaman passed the order, sending the matter to Appellate Division full bench on July 23.The High Court on May 19 declared illegal the amended gazette notification.
A High Court division bench comprising Justice Sheikh Hassan Arif and Justice Razik-Al-Jalil passed the order, disposing of a rule issued earlier in this regard.
The High Court in its order also declared unconstitutional the definition of a “valiant Freedom Fighter” by setting up an age limit by section 2.11 of Freedom Fighters’ Welfare Trust Act.
The High Court earlier issued the rule asking the concerned authorities to explain why the amended gazette notification shall not be declared beyond legal authority. The court had asked Liberation War Affairs Ministry, its secretary, joint secretary, power and energy secretary, finance secretary, Jatiya Muktijoddha Command Council director general and director general of Department of Geological Survey to respond.