HC dismisses writ challenging legality of enforced disappearance commission's reports

The High Court today (10 August) dismissed a writ petition challenging the legality of two interim reports submitted by the commission formed during the interim government to investigate enforced disappearances during the Awami League regime.

A bench of Justice Ahmed Sohel and Justice Fatema Anwar passed the order after hearing the petition.

Advocate Azizur Rahman Dulu, who represented the petitioner, said the court questioned the petitioner's legal standing to file the case.

"The court observed that the petitioner did not have the legal right to file a public interest litigation of this nature," he told reporters.

Naznin Parvin Swapna, a resident of Naogaon Sadar upazila, filed the writ petition as a public interest litigation, claiming that a member of her family had been affected by the commission's "controversial reports."

The secretaries of the Law, Justice and Parliamentary Affairs Ministry, the Cabinet Division and the Public Security Division of the President's Office, along with the chairman of the Commission of Inquiry on Enforced Disappearances, were named as respondents in the writ petition.

The petitioner argued that neither the Commission of Inquiry Act 1956 nor the gazette notification forming the commission gave it any provision or authority to submit interim reports.

The writ sought a rule asking why the two interim reports should not be declared illegal and issued without lawful authority. It also sought an order for the relevant documents to be produced before the High Court for examination.

Asked whether the petitioner would appeal against the order before the Appellate Division, the petitioner's lawyer said a decision would be taken based on his client's instructions.

He, however, claimed that no effective counterargument was presented during the hearing against their main legal contention.

Attorney General Ruhul Quddus Kajal appeared for the state.