Legal tangles still unresolved

Twenty-six years have passed since the signing of historic CHT Peace Accord took place between Parbatya Chattagram Jana Sanghati Samiti and the government on this day in 1997.

But some legal complexities involving the issues of CHT Regional Council still remain unresolved, as two appeals over this matter have been pending with the Supreme Court for around 12 years.

The council has been functioning under the leadership of PCJSS Chairman Jyotirindra Bodhipriya Larma, popularly known as Santu Larma, since its formation in 1999.

Following two petitions filed by settler M Badiuzzaman and SC lawyer Md Tajul Islam on April 13, 2010, the HC declared the CHT Regional Council Act 1998 illegal and unconstitutional.

In the verdict, the HC observed that the unitary character of the state, which is the basic feature of the constitution, has been hampered due to its formation.

In 2011, the state and the council filed two appeals with the SC challenging the HC judgement, saying that the council is a statutory authority to facilitate the functions of three hill district councils and was formed in line with the constitution.

The provisions of the act, which have been declared unconstitutional by the HC, are actually protected by the constitution, as it provides for affirmative action in favour of a disadvantaged section of the population, they said in the appeals.

On March 3, 2011, the SC's Appellate Division upheld its chamber judge's stay order and allowed the state and Santu Larma to move appeals before it.

The Appellate Division could not settle the appeals because the parties concerned have earlier taken adjournments of hearing from this court for multiple times.

Contacted, Attorney General AM Amin Uddin said his office had taken initiative for two to three times so that the Appellate Division holds hearing but it did not take place as the opposite side took time from the court.     

Meanwhile, petitioners' lawyer Imran A Siddiq said they will place arguments on the appeals when those will be heard.

Barrister Imran also said the apex court is scheduled to hold hearing on January 11 next year on two review petitions filed challenging the judgement delivered by this court on November 22, 2016 declaring the CHT Regulation 1900 constitutionally valid and effective.

The CHT Regulation, 1900 had been issued by the then British colonisers to protect the diverse culture and its indigenous inhabitants from foreign immigrants. This regulation came into force on May 1, 1900 giving special status to  CHT area.

Following two petitions filed by two private companies -- Rangamati Food Products Ltd and Wagachara Estate Ltd -- the HC had several years back declared the CHT Regulation 1900 as a "dead law".

Following 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.

The contents of the review petitions and the appeals filed in connection with CHT issues are related to each other, the lawyer added.