The Appellate Division Chamber Court has stayed the High Court order on the closure of government and private lower secondary and secondary schools during the holy month of Ramadan. Appellate Division Chamber Justice Farah Mahbub passed the order today (Monday, February 16). Additional Attorney General Barrister Anik R. Haque heard the case for the state in the court.

Earlier yesterday (Sunday, February 14), the High Court ordered that government and private lower secondary and secondary schools remain closed throughout the month of Ramadan.

The High Court bench of Justice Fahmida Quader and Justice Md. Asif Hasan gave the order. Lawyer Md. Ilias Ali Mondal and Advocate Tanzina Bobby Liza heard the writ petition in the court.

Earlier, a writ petition was filed in the High Court seeking a direction to close schools during the month of Ramadan. Supreme Court lawyer Md. Ilyas Ali Mandal filed the writ petition in the relevant branch of the High Court. On January 5, the Supreme Court lawyer issued a legal notice to the government to keep schools closed during the holy month of Ramadan.

He sent this notice to the Secretary of the Ministry of Education and the Secretary of the Ministry of Primary and Mass Education.

The notice states that 98 percent of Bangladesh’s citizens are Muslims. Since Bangladesh’s independence, educational institutions have been closed during the month of Ramadan – this is the law, custom and policy and all educational institutions have been closed during the month of Ramadan. Article 31 of the Constitution states that nothing can be done without law, and according to Article 152(1), law means any custom and practice having the force of law in Bangladesh. Therefore, the government’s controversial decision to keep primary and secondary schools open during the month of Ramadan is unconstitutional.

The notice further states that young children and teenagers of primary and secondary schools travel to school all day, are tired of classes and face difficulties in observing the fast, and are likely to stay away from the habit of observing the fast. This is an obstacle to practicing religious rituals. In addition, keeping schools open during the month of Ramadan creates severe traffic jams in cities, causing extreme suffering to the city dwellers, which is undesirable. This writ was filed after no response was received to the notice.