High Court stays order cancelling governing bodies of Fazil and Kamil madrasas

The High Court has stayed the operation of an office order cancelling the governing bodies or ad hoc committees of Fazil and Kamil madrasas run under the Islamic Arabic University.

A High Court bench comprising Justice Shikdar Mahmudur Razi and Justice Fatema Anwar passed the order, along with a rule, on Monday after a preliminary hearing on a writ filed by a former president of one madrasa's governing body.

Earlier, on 19 October, the Islamic Arabic University authorities issued that office order. Challenging it, lawyer Parvez Hossain, former president of the governing body of Charfashion Karamatia Kamil Madrasa in Bhola, filed the writ petition last week.

Senior lawyer Mohammad Hossain and lawyer Parvez Hossain himself took part in the hearing for the writ, while Deputy Attorneys General Nur Muhammad Azmi and Md Jasidul Islam appeared for the state.

The office order had said that, in accordance with a decision of the 43rd syndicate meeting held on 15 October, the governing bodies or ad hoc committees of the Fazil and Kamil madrasas run under the Islamic Arabic University were cancelled. The order concerned the cancellation of governing bodies or ad hoc committees, the nomination of ad hoc committee presidents and education-enthusiast representatives, and the formation of new ad hoc committees.

Writ petitioner Parvez Hossain said the Islamic Arabic University cancelled the governing bodies of Fazil and Kamil madrasas across Bangladesh without describing any context whatsoever. At the same time, the directive given regarding the formation of ad hoc committees is not consistent with the Islamic Arabic University Act and rules; that is why the writ was filed.

There is a difference between the two sides' statements on the scope of the stay. Deputy Attorney General Nur Muhammad Azmi said the operation of the office order has been stayed only in the case of the institution whose governing body president was the writ petitioner.

Writ petitioner Parvez Hossain, on the other hand, said the effectiveness of the entire office order has been stayed. In his words, whether the order has been stayed only for his madrasa or will be stayed for madrasas across the country will be understood once the full High Court order is received.

Deputy Attorney General Nur Muhammad Azmi has said an appeal will be filed with the Appellate Division against this High Court order.