Ctg division: Civil cases can’t be sent to CHT dist judges Amici curiae tell HC

Three amici curiae (friends of court) yesterday told the High Court that the civil cases, which are pending with the offices of Chattogram divisional commissioner and additional divisional commissioner, cannot be transferred to the courts of judges concerned of three hill districts for hearings and disposals.

Interpreting the relevant provisions of the Chattogram Hill Tracts Regulation (Amendment) Act, 2003, they said the divisional commissioner and additional divisional commissioner of Chattogram must hold hearings and dispose of the civil cases, as they are entitled to transfer only criminal cases to the sessions courts of the three districts — Bandarban, Khagrachhari, and Rangamati.

The three amici curiae — Attorney General AM Amin Uddin and senior lawyers Prabir Neogi and Raja Devasish Roy — said this while placing expert opinions before a special High Court bench of Justice Sheikh Hassan Arif and Justice SM Kuddus Zaman during the hearing on a reference (questions) on this issue.

Meanwhile, another amicus curiae (friend of court), former attorney general AF Hassan Ariff, disagreed with the three amici curiae, and said the divisional commissioner and additional divisional commissioner of Chattogram should transfer the civil cases to the district judges’ courts.

The judiciary has been separated from the executive and therefore, the district judges should have the jurisdiction for hearing and settling the cases, he argued.

After holding the hearing, the HC bench fixed November 21 for delivering verdict on the reference.

The bench requested another amicus curiae, senior lawyer Rokanuddin Mahmud, to submit his written opinion on this issue to this court before November 21.

The additional district judge of Bandarban a few months back sent a reference to the Supreme Court registrar general seeking opinions from the Supreme Court in this regard as they were holding hearings and disposing of the civil appeals in such matters.

The Supreme Court registrar general placed the reference to Chief Justice Hasan Foez Siddique for a decision on the matter.