MD. BAZLUR MOHAMMAD Vs. BANGLADESH

JUDGEMENT

(1.) This petition for leave to appeal is directed against the judgment and order dated 05.04.2006 of the High Court division passed in Writ Petition No. 4487 of 2002 discharging the Rule obtained challenging the virus of the second proviso to section 4 of the Muslim Marriages and Divorces (Registration) Act, 1974 and also Rule 10 of the Muslim Marriages and Divorces (Registration) Rules, 1975 as amended by S.R.O. No. 273 Ain/2002 dated 02.10.2000 being violative of the fundamental rights as guaranteed by the constitution.

(2.) The petitioner filed the above writ petition on the averments that he is the holder of licence of Nikah Registrar of Ward No.39 and 99 of Dhaka City Corporation which has been awarded by the respondent No.3 on the basis of the orders respectively dated 20.09.1998 and 30.12.1999 both passed by the respondent No.2 and that the appoints of Nikah Registrars are governed by the Muslim Marriages and Divorces (Registration) Act (Act LII of 1974), the Act, and by virtue of the powers conferred upon the Government by section 14 of the said Act the Government framed "The Muslim Marriages and Divorces (Registration) Rules 1975, the Rules, and Rule 10 of the above Rules 1975 provided the areas for which a Nikah Registrar may be licensed and by Gazette Notification dated 1st December 1982, (Ordinance No. XLIX of 1982) section 4 of the Act was amended to include the second proviso and on 14th December 1982, Rule 10 of the Rules was amended and on 19.01.1993, the Rule 10 was further amended and finally by SRO being SRO No.289/97 dated 30.12.1997, Rule 10 was substituted and substituted Rule 10 provided that the area for which a Nikah Registrar may be licenses shall be (a) in the case of an area under a city corporation or pourashava, not more than three wards and (b) In the case of other areas, not more than three unions and that the respondent No. 2, by the order dated 16.07.2002, upheld the appointment of Nikah Registrars of 10 Wards of Dhaka City Corporation which was abolished earlier by the government including the Word No. 99 of which the petitioner is holding license of Nikah Registrar and that by SRO No.12 Law/39 dated 19 January 1993, Rule 5A was inserted in the Rules 1975 with a view to make permanent all those Nikah Registrars who having been appointed temporarily have completed two years on the date of commencement of the said new Rule 5 A and by SRO No. 10-Law/2001 dated 14th January, which was published in Bangladesh Gazette on 16 January, 2001, old Rule 5A was substituted by a new Rule 5A providing that notwithstanding anything contained in Rule 5 or in any other instrument having the force of law, any person acting as Nikah Registrar on temporary basis under sub-Rule 5(1) on the date of commencement of this substituted rule shall deemed to have been licensed by the Government on regular basis and Subjected to the provision of rule to and other concerned provisions, he shall be issued a permanent license of Nikah Registrar by notification in the official Gazette and that after amending section 4 of the Act on 1st December 1982 the respondents have been curtailing the areas of the existing Nikha Registrars in discriminatory manners without assigning any reason.

(3.) The High Court Division, after hearing, discharged the Rule.