‘Office of the president is not for profit’
The High Court in the full text of an order has justified Md Shahabuddin being elected as president of Bangladesh, observing that the office of president is not an office of profit in the service of the republic.
"We hold that section 9 of the Anti-Corruption Commission (ACC) Act, 2004 does not create any bar to the former Commissioner of ACC, Mr Md Shahabuddin, to be elected as the President of the People's Republic of Bangladesh and assumes the office of President as a Profitable one," the HC bench said in the full text order.
"We hold that though as a former commissioner of ACC, the President-elect, Md Shahabuddin, also held an office of profit in the service of the Republic, this in no way disqualifying him from being elected to or holding the office of President, which is not an office of profit in the service of the Republic," the HC bench of Justice Md Khasruzzaman and Justice Md Iqbal Kabir Lytton said in the 39-page full text of order which was uploaded in the Supreme Court website yesterday.
Md Shahabuddin, who was elected as 22nd president of Bangladesh on February 13, took the oath yesterday.
"We hold that the 'election' and 'appointment' do not carry the same meaning as per the Constitution. The President of the People's Republic of Bangladesh is the elected representative and the 'symbol of the unity' of Bangladesh, and the individuals who serves in the Republic according to the Part IX of the Constitution are the appointed employees in the service of the Republic," the HC bench said in the full text order.
"We hold that the declaration made by the Election Commission represented by the Chief Election Commissioner at the Nirbachan Bhaban, Agargaon, Dhaka, under section 7 of the Presidential Election Act, 1991 is not illegal...," the HC bench said.
On March 15, the HC bench summarily rejected two separate writ petitions challenging the legality of the process of electing Shahabuddin as president.
Supreme Court lawyers MA Aziz Khan and Abdul Momin Chowdhury filed the petitions on March 7 and March 12 respectively.
On March 21, the SC chamber judge upheld the HC order.
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