The High Court (HC) has declared illegal the gazette notification by the Liberation War Affairs ministry fixing 12-and-half year as the minimum age of a freedom fighter.

The bench of justices Sheikh Hassan Arif and Razik-Al-Jalil gave the verdict after settling a writ on the issue on Sunday (May 19 May).

The HC issued a ruling on Jan 17 last, asking why the age limit fixed by the ministry should not be declared illegal.

Ministry of Liberation War Affairs, the secretary of the ministry, joint secretary, secretaries of power, energy and minerals, finance and others were asked to respond to the ruling.

Relevant to note, a gazette published in 2016 said that the minimum age of a freedom fighter as of Mar 26, 1971, should be 13. Later, the gazette was amended.

Following the change, a writ was lodged against the gazette by Mahmud Hassan, director of the Bangladesh geology survey department.

Hassan joined his employment in 1988 as one of the 26 under the freedom fighter quota.

As per his date of birth, he was 12 years 4 months 12 days on Nov 30, 1971.

According to the date of birth, Hassan is about to be 59 years of age, going into LPR on Jul 18.

However, as per the Public Service Retirement Act, 1974, Hassan, as a freedom fighter, should be employed till he is 60, so the LPR order issued to his name contradicts the law which is applicable for a freedom fighter.

Based on the incongruity, Hassan lodged a writ, challenging the amended gazette.

The court has declared the gazette illegal and issued a stay order on Hassan’s retirement order.