Cht Peace Accord: 25 years on, legal tangles still unsolved
Though 25 years have passed since the signing of the historic Chattogram Hill Tracts Peace Accord, some legal complexities involving the issues of CHT Regional Council still remain unresolved at the apex court.
However, the High Court Division of the Supreme Court on November 21 this year settled a legal question over the transfer and disposal of civil appeal cases in the three hill districts.
The High Court in a verdict on that day ruled that the civil appeal cases, which are pending with the offices of the Chattogram divisional commissioner and additional divisional commissioner, cannot be transferred to the courts of judges concerned of the three hill districts for hearings and disposals.
The HC also ordered the district judges of three hill districts -- Rangamati, Khagrachhari and Bandarban -- to immediately return the civil appeal cases and other civil proceedings received by them from the office of the Chattogram divisional commissioner, to the divisional commissioner if those were not disposed of yet.
"However, the appeal cases which have already been disposed of by the district judges and additional district judges concerned in the aforesaid three hill districts shall be treated as passed and closed matters and the same cannot be challenged on the ground of jurisdiction of the district judges and additional district judges concerned," the special HC bench of Justice Sheikh Hassan Arif and Justice SM Kuddus Zaman observed in the verdict.
The CHT Regional Council has been functioning under the leadership of PCJSS Chairman Jyotirindra Bodhipriya Larma, popularly known as Santu Larma, since its formation in 1999 after the signing of the peace accord between Parbatya Chattagram Jana Sanghati Samiti (PCJSS) and the Bangladesh government on December 2, 1997.
Two appeals were filed with the Appellate Division of the Supreme Court 11 years back challenging a HC verdict that declared the CHT Regional Council illegal and unconstitutional.
But the Appellate Division could not settle the issues regarding the legality of CHT Regional Council because the parties concerned with the case have not apparently taken any extensive move for hearing on the appeals.
However, the apex court may soon hold hearing on two review petitions filed challenging its judgement delivered on November 22, 2016, declaring the CHT Regulation-1900 constitutionally valid and effective.
The CHT Regulation-1900 was issued by the then British colonisers in order to protect the diverse culture and its indigenous inhabitants from immigrants. This regulation came into force on May 1, 1900, giving special status to the CHT.
Following two writ petitions filed by two private companies, Rangamati Food Products Ltd and Wagachara Estate Ltd, the HC several years ago declared the CHT Regulation-1900 a "dead law".
In response to an appeal filed by the state challenging the HC verdicts, the Appellate Division on November 22, 2016, declared the CHT Regulation-1900 constitutionally valid and effective.
Barrister Imran A Siddiq, a lawyer for the two companies, told The Daily Star on November 25 this year that the contents of the review petitions and the appeals filed in connection with CHT issues are related to each other.
He said they are prepared for placing arguments on this issue during hearing of the review petitions.
Speaking to this correspondent on November 28, Attorney General AM Amin Uddin said that his office would place arguments before the Appellate Division in support of the appeals during the hearing.
"I hope the appeals will be included in the apex court cause list for their hearings in January or February next year," he added.