SC stays HC order on Dinajpur pourashava mayor Jahangir

The Appellate Division has stayed for six weeks a High Court order that stayed the suspension of Syed Jahangir Alam from Dinajpur pourashava mayoral post.

The Appellate Division led by Chief Justice Obaidul Hassan pronounced the order on Thursday while hearing an appeal of the prosecution seeking a stay against the High Court's stay order.

Earlier, while hearing a writ petition, the High Court on 21 November stayed for one month the local government division’s suspension order of Syed Jahangir Alam, also assistant organising secretary of Rangpur division unit of Bangladesh Nationalist Party (BNP).

The HC also postponed the local government ministry’s decision of handing over the charge to a panel mayor.

This opened a way for Syed Jahangir Alam to return in his capacity as a mayor of the municipality.

The prosecution filed an appeal seeking stay of the HC order. Later, postponing the High Court order for six weeks, the Appellate Division also asked the prosecution to file a leave to appeal plea within the time.

Due to this order of the Supreme Court, Syed Jahangir Alam cannot return as mayor of Dinajpur pourashava, said deputy attorney general Tushar Kanti Roy.

Attorney general AM Amin Uddin represented the state along with additional attorney general Sheikh Mohammad Morshed and deputy attorney general Tushar Kanti Roy.

Md Ruhul Kuddus was the defence lawyer.

Syed Jahangir Alam was elected as mayor of Dinajpur pourashava for the third time in a row.

The local government division issued a notification suspending Syed Jahangir Alam on 31 October.

The notification said the Appellate Division convicted Syed Jahangir Alam for contempt of court.

Besides, as per the section 32 (1) (Kha) (Gha) of the Local Government (Pourashava) Act, 2009, the government does not consider the use of power by the Dinajpur pourashava mayor appropriate from the administrative point of view, especially because the Dinajpur chief metropolitan magistrate sent him to jail on charges of “involvement in activities that are damaging for the pourashava or the state, moral turpitude and inappropriate behaviour and misuse of power”.

That is why Syed Jahangir Alam has been suspended from the post of Dinajpur pourashava mayor as per section 31 (1) of the act.

Earlier, on 18 October, Syed Jahangir Alam surrendered before the court of chief judicial magistrate in Dinajpur and the court sent him to jail.

He was released after serving a month in jail for contempt of court on 16 November. The mayor made 'derogatory remarks' against chamber judge of the Appellate Division, M Enayetur Rahim, over a verdict against BNP chairperson Khaleda Zia.

Later, he filed the writ petition with the High Court on 19 November challenging the legality of the suspension order.