MOHAMMAD DABIRUDDIN Vs. A.K. REZAUL KARIM

JUDGEMENT

(1.) This application under Article 103 of the Constitution of the People's Republic of Bangladesh is directed against the judgment and order dated 20.04.2005 passed by the High Court Division in Writ Petition No.7031 of 2004 rejecting the Application of the Petitioner praying for addition of party as a respondent.

(2.) The Respondent Nos. 2 to 7 filed the Writ Petition No.7031 of 2004 against order dated bearing Memo No. Sha: Md: Raj-3/01/2004/09/1(162) dated 08.01.2004 issued by Respondent No. 2, the Senior Assistant Secretary, Ministry of Home Affairs, purporting to forfeit publications of the Ahmadiyya Muslim Jamaat in Bangladesh and to prohibit their publication, sale distribution and preservation thereof in violation of fundamental rights of citizens as guaranteed under Articles 27, 31, 39 and 41 of the Constitution; that this applicant is Sunni Muslim and is constantly engaged in religious activities. He is presently the president of Khademul Islam Jamaat and General Secretary of the Jamia Islami Darul Ulum Khademul Islam Gowhardanga Madrasha, Gopalganj that the Respondent No.1 is a private individual and a retired Deputy General Manager, Bangladesh Bank and Respondent Nos. 2 to 7 are 6(six) NGOs that the petitioner's organization, Khademul Islam Jammat was established in 1950 and its founder is Mozahedul Azam Hazrat Moulana Shamsul Huq Faridpuri (RW); that the main objects of the petitioner's organization, inter alia, is to promote and preach Islam and to call people towards Islam, to guide the people to the true Islamic teaching and to get believed in Almighty Allah and Mohammad (SW) as His last Prophet and this organization establishes Mosque, Madrasha, Moqtab, Etimkhana and also publishes different religious books in the light of Quaran and Hadith. The petitioner's organization also help poor people by giving financial assistance; that the impugned order was passed under Section 99(a) of the Code of Criminal Procedure and any body feeling aggrieved by that order has to apply to High Court Division under Section 99(b) of the Code within two months from the date of order which requires to be heard by High Court Division consisting of three Judges under Section 99(C) of the Code but in the instant case impugned order was challenged not under Section 99(B) of the Code but 102 of the Constitution and as such the Writ Petition itself is not maintainable.

(3.) It was further stated that the impugned order is going to be published in the Official gazette which will further aggravate the situation.