Govt asked to explain Nov 7
holiday repeal legality
Staff Correspondent (New Age)
The High Court on Sunday asked the military-controlled interim administration to explain in four weeks why the notification issued on December 4, 2007 scrapping November 7 as a public holiday would not be declared illegal.
The High Court bench of Justice Nazmun Ara Sultana and Justice M Rezaul Huq issued the rule after hearing a public interest writ petition filed by former energy adviser Mahmudur Rahman challenging the validity of the government's notification scrapping November 7 'National Revolution and Solidarity Day' as a public holiday.
Moving the petition, Mahmud's counsel Adilur Rahman Khan argued since 1976, the day had been observed as National Revolution and Solidarity Day and a national holiday to mark the November 7 soldiers and people's revolution which re-established the country's sovereignty on the day in 1975.
Adilur said the country's sovereignty was jeopardised amid a political turmoil in a sequel to the August 15, 1975 coup which toppled the Sheikh Mujib government through the assassination of the first president, Sheikh Mujibur Rahman, along with all but two members of his family.
'Sovereignty was restored on November 7, 1975 as some army personnel along with the people freed the country for the second time after the country's war of independence in 1971,' he said. 'The government with a mala fide intention illegally cancelled the day as a public holiday.'
Adilur also informed the court the government had resumed August 15 as National Mourning Day and a public holiday on the High Court judgement delivered on July 27.
In the July 27 verdict, the High Court bench of Justice MA Rashid and Justice M Ashfaqul Islam ruled that August 15 should be restored as National Mourning Day and a public holiday.
The verdict declared illegal the cancellation of National Mourning Day, also a public holiday, on August 15 by the BNP-Jamaat alliance government.
The July 27 verdict was also delivered after hearing a similar public interest litigation writ petition filed by three Supreme Court lawyers, the counsel said.
Going to power 21 years after, the Awami League, led by Sheikh Hasina, on August 8, 1996 declared August 15 as National Mourning Day and a public holiday to pay respect to Sheikh Mujib and cancelled the public holiday on November 7, National Revolution and Solidarity Day, declared by the BNP government in 1976.
August 15 had since then been observed at the state level and the national flag had been hoisted at half-mast both at home and in Bangladesh missions abroad.
The BNP-Jamaat alliance government on August 3, 2002 cancelled the decision of the Awami League government. Immediately after assuming office in 2001, the BNP-Jamaat alliance government restored November 7 as a national holiday.
On December 4, 2007, the interim government, at a meeting of the advisers chaired by the chief adviser, Fakhruddin Ahmed, announced the November 7 public holiday would be cancelled with effect from 2008.
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