BANGLADESH CITIZENSHIP (TEMPORARY PROVISIONS) ORDER, 1972 (P.0-149 OF 1972)

Article — 2

Admittedly the plaintiff and his family members including his son were permanent residents of Bangladesh on the 26th day of March, 1971. But the question before us as to whether the plaintiff himself continues to be so resident and is not otherwise disqualified for being a citizen by a under any law for the time being in force. By conferring the citizenship the respondent is deemed to be a citizen of Bangladesh and has continued to be a permanent resident as a citizen of Bangladesh. The conferment
of citizenship to the resident under Article 2 of the Order impliedly declared that the plaintiff- respondent qualified himself as a citizen of Bangladesh. The plaintiffs staying in Pakistan, without any formation of any opinion that his stay was prejudicial to the interest of Bangladesh under the circumstances should not be the consideration inasmuch as the concerned laws do not put any such disqualification to be deemed against a citizen of Bangladesh.

Sena Kalayan Sangstha Vs. Mr. Nagar Mohiuddin & Ors 14 BLT (AD)-230.

Article-3

[Prof. Golam Azam, the Jamaat leader, hereinafter called the respondent, left for Pakistan on 22 November, 1971 but he could not turn back because of the War of Liberation, 1971. Whether Government notification dated April 18, 1973 declaring Prof. Golam Azam disqualified to be the citizen of Bangladesh under Article 3 of the Bangladesh Citizenship (Temporary Provision) Order, 1972 was of any legal effect and whether the show cause notice dated March 23, 1992 served on him as reference has any lawful authority. The answer is ‘No’].

To meet the requirements of the new situation that emerged out of independence of Bangladesh P.O. 149 of 1972 was brought
into existence on 15 December, 1972, one day before the commencement of the Constitution so that it might get the constitutional protection of an existing law. It has undergone several amendments. At present, law of citizenship is governed by two legislations the Citizenship Act, 1951 continued as an existing law and the Bangladesh Citizenship (Temporary Provisions) Order. 1972 (P.O. 149 of 1972) which came into force on 15 December, 1972, but it was given effect from 26 March, 1971.

Bangladesh vs. Prof. Golam Azam & Ors. 3 BLT (AD)-3.

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