Published on 11:51 AM, February 03, 2022

Does CHT Regulation 1900 contradict constitution?

Supreme Court to further examine regulation that gives special status to CHT areas

Photo: Anurup Kanti Das

The Supreme Court will further examine whether the Chittagong Hill Tracts (CHT) Regulation 1900, that has given special status to CHT areas, is contradictory to the constitution of Bangladesh.

Chief Justice Hasan Foez Siddique said this while presiding over a six-member full bench of the Appellate Division of the SC during virtually hearing two separate review petitions regarding the status of CHT.

The apex court set March 3 for resuming hearing of the review petitions filed challenging its judgement that declared the CHT Regulation 1900 constitutionally valid and effective.

SC passed the adjournment order after Attorney General AM Amin Uddin sought time from the court for taking preparation for placing arguments on behalf of the state.

Senior lawyers AF Hasan Ariff and Md Nozrul Islam Chowdhury appeared for the review petitioners.

The CHT Regulation, 1900 had been issued by the then British colonisers in order to protect the diverse culture and its indigenous inhabitants from immigrants. This regulation came into force on May 1, 1900 giving special status to the CHT area.

The CHT Regional Council has been functioning under the leadership of Jyotirindra Bodhipriya Larma, popularly known as Santu Larma, since its formation in 1999 after the signing of the accord on December 2, 1997.

Following two separate writ petitions filed by two private companies -- Rangamati Food Products Ltd and Wagachara Estate Ltd -- the High Court had several years back declared the CHT Regulation 1900 as a "dead law".

Following an appeal filed by the state challenging the HC verdicts, the Appellate Division on November 22, 2016 declared the CHT Regulation 1900 constitutionally valid and effective.