Ishraque must take oath by 26 May or it will be contempt of court: Ishraque's lawyer

Following the High Court's dismissal of a writ petition seeking to bar Ishraque Hossain from being sworn in as mayor of Dhaka South City Corporation (DSCC), Ishraque's lawyer Barrister Mahbub Uddin Khokon stated that if the oath is not administered by 26 May, it will be considered contempt of court.

Speaking to the media after the court's decision, Barrister Khokon said, "This order removes any legal obstacle to Ishraque taking the oath as mayor. If he is not sworn in by 26 May, it will be a violation of the court's directive."

Explaining the rationale behind the court's dismissal of the writ, Barrister Khokon said the High Court observed that although any aggrieved person can file a writ under Article 102 of the Constitution, the petitioner failed to establish how they were personally affected as a resident of DSCC.

Citing the court's observations, he added, "The High Court stated that since the petitioner lacked the legal standing to file the writ, it was dismissed. The court also noted that the matter should have been taken to the appropriate Election Tribunal rather than being brought directly to the High Court."

The High Court further emphasised that the case originated from the Election Tribunal. If someone is aggrieved by a decision there, they must appeal to the Appellate Tribunal. Since no such challenge was made, the Election Commission lawfully issued the gazette, and the oath-taking will proceed accordingly.

"This is not a public interest litigation," Khokon said. "Public interest cases typically involve environmental, human rights, or fundamental rights issues. The petitioner failed to demonstrate any civic or voter-based harm to justify this as a public interest case."

He (the petitioner) could not demonstrate any lack of community service as a voter of Dhaka city, nor could he show that he had been harmed in any way as a voter.