KAZI MUKHLESUR RAHMAN Vs. GOVERNMENT OF BANGLADESH

JUDGEMENT

(1.) This appeal arises out of an application under Article 102(2)(a)(ii) of the Constitution. It is by the applicant before the High Court Division. The application was summarily dismissed by the learned Judges of that Division, who however, granted the appellant certificate under Article 103(2)(a) of the Constitution. The certificate contains the following words: "Certificate for leave, as prayed for, under Article 103 (2) (a) of the Constitution is granted

(2.) In his application the appellant prayed before the High Court Division for a declaration that the recent agreement between the Governments of the People's Republic of Bangladesh and the Republic of India signed on the 16th day of May, 1974 by the Prime Minister of the two countries (hereinafter referred to as the Delhi Treaty) which the appellant claimed, involved cession of Bangladesh territory was without lawful authority and of no legal effect. The declaration was sought with special reference to a part of what is known as Berubari Union No 12 and the adjacent enclaves that are under the administrative control of the Indian State of West Bengal The relevant portion of the Delhi Treaty, including its title and the preamble, is set down below :

(3.) At the hearing of the appeal respondents, namely, the Government of the People Republic of Bangladesh and the Prime Minister raised preliminary objections as to the competency of the appeal as well as the maintainability of the application before the High Court Division presented under Article 102(2)(a)(ii) of the Constitution.