High Court Division · Special Original Jurisdiction
Md. Jahidul Islam v Government of Bangladesh and others
Writ Petition 7401/2024 · Decided 3 November 2025
The petitioner was appointed Nikah Registrar of 04 No. Magurabinod Union, Tarash, Sirajganj, by order dated 16.08.2022. He said that, while attending his sick pregnant wife in Dhaka, he temporarily delegated his duties and handed over the balam boi (marriage register) to a clerk who had worked with his late father, and that the clerk solemnised marriages of six minors without his knowledge. After a complaint, an inquiry and a show cause notice which he answered, his licence was cancelled by memo dated 06.05.2024. He challenged the cancellation under Article 102, alleging no opportunity of hearing. The High Court Division found it admitted, and evident from the inquiry report dated 13.11.2022, that six minor marriages were solemnised by his staff. It held that if he faced personal difficulties he should have applied to the District Registrar under Rule 17 for permission to refrain from duty, and that handing the register to a person not authorised to hold it was not acceptable. The Rule was discharged without costs.
- Q1
Whether the cancellation of a Nikah Registrar's licence was unlawful where marriages of six minors were solemnised by a person to whom he had handed over his duties and the balam boi during his absence.
- It was admitted, and evident from the District Registrar's inquiry report dated 13.11.2022, that marriages of six minors were solemnised by the petitioner's staff.
- A Nikah Registrar facing personal difficulties should apply to the District Registrar under Rule 17 for permission to refrain from performing his duties, rather than delegating them informally.
- Handing over the balam boi of the Nikah Registrar to a person who was neither his assistant nor otherwise responsible for holding it was irresponsible conduct.
- A Nikah Registrar cannot avoid his official responsibility by blaming the person to whom he handed his duties, and the cancellation of his licence was not interfered with.
Hence, the petitioner should have filed the application before the District Register for showing his incapacity to perform his duty due to his personal difficulties but here in the case the petitioner did not do so.
In the court’s own words.
Writ Petition 7401/2024, as published by the Supreme Court of Bangladesh. 11 pages, with paragraph numbers for citing.
In the Supreme Court of Bangladesh
High Court Division
(Special Original Jurisdiction)
Present
Justice Md. Habibul Gani
And
Justice Sk. Tahsin Ali
Writ Petition No. 7401 of 2024
In the matter of:
An application under Article
102(2)(a)(i)(ii) of the Constitution of the
People’s Republic of Bangladesh.
-And-
In the matter of:
Md. Jahidul Islam
……. Petitioner
Vs.
Govt. of Bangladesh represented by the
Ministry of Law and Justice Division
and others
……Respondents
Ms. Amena Siddika, Advocate
……petitioner
Mr. Md. Mohaddesh-Ul-Islam, DAG with
Mr. Kamrul Islam, AAG
Mr. Kamrunnahar Tamanna, AAG and
Mr. Ahmad Musanna Chowdhury, AAG
….. For the respondents.
Mr. Md. Hemayth Uddin, Advocate
….. for the respondent No. 7
Heard on: 26.10.2025, 02.11.2025 and
Judgment on: 03.11.2025
1We are of the view that in different dates and time six minor marriages solemnized by the staff of the petitioner it is the admitted position of the writ petition which is evident from the inquiry report conducted by the District Registrar, Sirajgonj regarding the misconduct of the petitioner dated 13.11.2022.
2If the petitioner have any personal difficulties for the reason expiry of his father as well as new born baby. The petitioner could have followed the Rule 17 of the Muslim Marriages and Divorces (Registration) Act, 2009 restrict himself act as Nikah registrar of said Upazila. The contended of the said Rule are as follows:
“17. ¢eL¡q −l¢SØVÌ¡−ll c¡¢uaÅ f¡m−e ¢hla
b¡L¡:- (1) ®L¡e ¢eL¡q ®l¢SØVÌ¡l ü¡ÙÛÉNa, djÑ£u,
f¡¢lh¡¢lL h¡ AeÉ ®L¡e L¡l−e p¡j¢uL pj−ul SeÉ
¢eL¡q ®l¢SØVÌ¡−ll c¡¢uaÅ f¡me qC−a ¢hla b¡¢Lh¡l
SeÉ Ef-¢h¢d (3) Hl ¢hd¡e Ae¤k¡u£ B−hce L¢l−m
pw¢nÔø ®Sm¡ ®l¢SØVÌ¡l p¿ºø qC−m a¡q¡−L Ae¢dL 2
(c¤C) j¡p fkÑ¿¹ c¡¢uaÅ f¡me qC−a ¢hla b¡¢Lh¡l
Ae¤j¢a fÐc¡e L¢l−a f¡¢l−hz
(1L) Ef-¢h¢d (1) Hl Ad£e ¢p¢V
L−fÑ¡−lne Hm¡L¡ h¢qiѤa ®L¡e Hm¡L¡l ®L¡e ¢eL¡q
®l¢SØVÌ¡l−L c¡¢uaÅ f¡me qC−a ¢hla b¡¢Lh¡l
Ae¤j¢a fÐc¡e Ll¡ qC−m ®k ¢eL¡q ®l¢SØVÊ¡l−L
Eš²l¦f Ae¤j¢a fÐc¡e Ll¡ qCu¡−R ®pC ¢eL¡q
®l¢SØVÌ¡l Eq¡, ¢m¢Mai¡−h, Ae¢a¢hm−ð, pw¢nÔø
p¡h-®l¢SØVÌ¡l−L Ah¢qa L¢l−hez
(2) ®L¡e ¢eL¡q ®l¢SØVÌ¡l−L c¤C j¡−pl
A¢dL pju c¡¢uaÅ f¡me qC−a ¢hla b¡¢Lh¡l
Ae¤j¢a fÐc¡e L¢lh¡l fÐ−u¡Se ®cM¡ ¢c−m Abh¡
Ef-¢h¢d (1) E¢õ¢Ma j”¤l£L«a pju c¤C j¡−pl
A¢a¢lš² h¢dÑa L¢lh¡l fÐ−u¡Se qC−m, plL¡−ll
Ae¤j¢a NËqe L¢l−a qC−h:
a−h naÑ b¡−L ®k, ®L¡e ¢eL¡q ®l¢SØVÌ¡l
HL¡¢cœ²−j Ruj¡−pl A¢dL c¡¢uaÅ f¡me qC−a
¢hla b¡¢L−a f¡¢l−h e¡z
(3) ¢eL¡q ®l¢SØVÌ¡lNZ, ®k a¡¢lM qC−a
c¡¢uaÅ f¡me qC−a ¢hla b¡¢L−a CµR¤L, Eš²
a¡¢l−Ml HL pç¡q f§−hÑ Efk¤š² L¡lZ E−õMf§hÑL
fÐ−u¡Se£u L¡NSfœ pw¢nÔø ®Sm¡ −l¢SØVÌ¡−ll ¢eLV
clM¡Ù¹ ®fn L¢l−hez”
3The petitioner utter a irresponsible person handed over the balam boi of Nikah Registrar to the added respondent No. 7 who is neither his assistant nor he has any responsible person to holding the secret balam boi of the said Nikah Registry office. While damage has been done by the (added respondent No. 7) by solemnized marriages of six minor girls. The petitioner started accusing the stranger (added respondent No. 7) only to give up his official responsibility as Nikah registrar of the said locality which is not at all acceptable in any manner being government responsible person like the instant petitioner.
4Considering the above, we are inclined to discharge the Rule for ends of Justice.
5Sk. Tahsin Ali, J:
6On an application under Article 102 of the Constitution of the People’s Republic of Bangladesh filed by the petitioner, a Rule Nisi was issued calling upon the respondents to show cause as to why Memo being 10.00.0000.131.11.158.86-63 No. dated 06.05.2024 issued by the Respondent No. 4 cancelling the license of the petitioner in the post of Nikah Registrar of 04 No. Magurabinod Union under Police Station- Tarash, District- Sirajganj and directing respondent No. 5 to seize the Balam book of the Nikah Registrar from the petitioner and to give additional charge to the nearest Nikah Registrar and thereby directing respondent No. 6 to prepare a panel for appointment in the vacant post and transmit the same to him to that effect should not be declared to have been done without lawful authority and is of no legal effect and as to why a direction should not be given upon the respondents to reinstate the petitioner in the said post and/or pass such other or further order or orders as to this court may seem fit and proper.
7Facts relevant for disposal of the said Rule in short, are that the father of the petitioner was a Nikah Registrar of 04 No. Magurabinod Union under Police Station- Tarash, Dist- Sirajganj after his death the authority published an advertisement for vacant post of Nikah Registrar. The present petitioner along with other duly applied for the vacant post and the appointment authority completed all the formalities selected the petitioner for the post of Nikah Register and the petitioner was appointed in the said post by a letter vide Memo No. Bichar-7/2-N-158/86-218
dated 16.08.2022 issued by the respondent No. 4. In the meantime the petitioner’s pregnant wife became sick and he was engaged for her treatment in Dhaka. Consequently, he gave his responsibilities upon his office assistant namely, Md. Rezaul Karim to perform temporary duties on his behalf. Subsequently, Md. Rezaul Karim solemnised marriage of 6 minors in absence of the petitioner. On 17.10.2022 his close relative Md. Polan Fakir filed a complaint before respondent No. 3 for cancellation of license of Nikah Registrar of the petitioner. The respondent No. 3 issued a letter upon respondent No. 5 to conduct an enquiry of the allegations made in the said complaint and thereby directed him to submit a report to that effect within 15 days. Thereafter, the respondent No. 1, issued a show cause notice upon the petitioner under the signature of Respondent No. 4 on 22.10.2023. Upon receipt of the said show cause notice, the petitioner on 14.11.2023 filed his Reply to the said Show Cause Notice before Respondent No. 1 annexing some other relevant documents. The Respondents without giving any opportunity to the petitioner most illegally and arbitrarily cancelled the Nikah Registrar license of the petitioner. Hence the case.
8Mr. Md. Abdul Alim Miah Jewel along with Ms. Amena Siddika learned advocates appeared on behalf of the petitioner while learned Deputy Attorney General Mr. Md. Mohddesh-Ul-Islam with Mr. Kamrul Islam, Assistant Attorney General with Mr. Kamrunnahar Tamanna, Assistant Attorney General with Mr. Ahmad Musanna Chowdhury, Assistant Attorney General appeared for the respondents and Mr. Md. Hemayth Uddin, learned advocate appeared for the respondent No. 7.
9Mr. Md. Abdul Alim Miah Jewel learned Advocate for the petitioner submits that the petitioner’s father Mr. Liakat Ali Mia was the Nikah Registrar of Magurabinod Union and Md. Rezaul Karim (added respondent No. 7) was serving his office assistant with the father of this petitioner.
10He further submits that the added respondent No. 7 took advantage of personal difficulties of the petitioner and back behind his knowledge and with an ulterior motive and malafide intention solemnized marriages of six minor bridegrooms including some other individuals those are Most. Sadia Akter on 24.08.2022, Most. Beauty Khaton on 29.08.2022, Most. Jannati Khatun on 21.08.2022, Most. Nupur Khatun on 22.08.2022 and Mussida Khatun on 04.09.2022. He further submits that the respondent No. 4 most illegally and arbitrarily issued the impugned Memo cancelling the license of the petitioner in the post of Nikah Registrar of 04 No. Magurabinod Union without giving any opportunity of hearing. He further submits that the respondent No. 1 issued a show cause notice upon the petitioner under the signature of Respondent No. 4 on 22.10.2023 against show cause notice, the petitioner reply on 14.11.2023 before Respondent No. 1 annexing some other relevant documents but the Respondents without giving any opportunity to the petitioner most illegally and arbitrarily cancelled the Nikah Registrar license of the petitioner. He concludes his submissions upon assertion that the Rule bears merit and ought to be made absolute for ends of justice.
11On the other hand Mr. Md. Hemayth Uddin learned advocate appeared for the respondent No. 7 submits that the instant writ petition the petitioner challenged the impugned Memo being no. 10.00.0000.131.11.158.86-63 dated 06-05-2024 issued by the Respondent No. 04 cancelling the license of the petitioner in the post of Nikah Registrar of No.04. Magurabinod Union of under Police Station Tarash, District Sirajgonj and also directing the respondent no. 06 to prepare a panel for appointment in the vacant post and transmit the same to him but till today the respondent No. 06 did not take any step in relating to prepare a panel for appointment in the vacant post. He further submits that the present applicant being a law-abiding citizen of the locality and also very much efficient and prospective candidate for the post of Nikah Registrar but the respondent No. 06 without giving any specific reasons delaying the process for preparing the Panel. He further submits that in accordance with Section 6(Ka) of the Muslim Marriages and Divorces (Registration) Act, 1974, the applicant is a bonafide and efficient candidate for the post of Nikah Registrar and he has submitted an application along with all supporting documents and educational certificates before respondent No. 2 seeking his appointment as the temporary Nikah Registrar of 04 No. Magurabinod Union. He concludes his submissions upon assertion that the Rule bears no merit and ought to be discharged for ends of justice.
12Mr. Md. Mohaddesh-Ul-Islam the learned Deputy Attorney General appearing for the respondents oppose the Rule.
13We have heard the learned Advocates from both sides, perusal the application and the materials. The above Rule specifically laid upon regarding any such personal difficulties arises which compel the Nikah Register to perform his duties for a period of two months. Hence, the petitioner should have filed the application before the District Register for showing his incapacity to perform his duty due to his personal difficulties but here in the case the petitioner did not do so.
14The petitioner submitted that earlier Mr. Liakat Ali Mia father of this petitioner was the Nikah Registrar of Magurabinod Union here in added respondent No. 7 Md. Rezaul Karim was serving his office assistant with the father of this petitioner.
15Upon his death on 03.08.2022 the post of Nikah registrar become vacant thereby an advertisement was published inviting application for the appointment of the said post, to which the petitioner and other candidates applied after successfully passing the examination the petitioner was found eligible and appointed by respondent No. 4 vide office order dated 16.08.2022 and the petitioner formally assumed charge on 21.08.2022, during this period his pregnant wife fell seriously ill, regarding his presence in Dhaka for her medical care, on good faith the petitioner temporarily delegated his duties and handed over the balam boi of Nikah Register for solemnization of marriages in the said locality to the added respondent No. 7 (clerk of his father).
16The petitioner’s advocate further submitted that the added respondent No. 7 took advantage of personal difficulties of the petitioner and back behind his knowledge and with an ulterior motive and malafide
intention solemnized marriages of six minor bridegrooms including some other individuals those are Most. Sadia Akter on 24.08.2022, Most. Beauty Khaton on 29.08.2022, Most. Jannati Khatun on 21.08.2022, Most. Nupur Khatun on 22.08.2022 and Mussida Khatun on 04.09.2022.
17Consider above application of the petitioner and application of additions of parties by the added respondent No. 7 supplementary affidavits filed by the petitioner with the documents of annexed thereto.
18We are of the view that in different dates and time six minor marriages solemnized by the staff of the petitioner it is the admitted position of the writ petition which is evident from the inquiry report conducted by the District Registrar, Sirajgonj regarding the misconduct of the petitioner dated 13.11.2022.
19If the petitioner have any personal difficulties for the reason expiry of his father as well as new born baby. The petitioner could have followed the Rule 17 of the Muslim Marriages and Divorces (Registration) Act, 2009 restrict himself act as Nikah registrar of said Upazila. The contended of the said Rule are as follows:
“17. ¢eL¡q −l¢SØVÌ¡−ll c¡¢uaÅ f¡m−e ¢hla
b¡L¡:- (1) ®L¡e ¢eL¡q ®l¢SØVÌ¡l ü¡ÙÛÉNa, djÑ£u,
f¡¢lh¡¢lL h¡ AeÉ ®L¡e L¡l−e p¡j¢uL pj−ul SeÉ
¢eL¡q ®l¢SØVÌ¡−ll c¡¢uaÅ f¡me qC−a ¢hla b¡¢Lh¡l
SeÉ Ef-¢h¢d (3) Hl ¢hd¡e Ae¤k¡u£ B−hce L¢l−m
pw¢nÔø ®Sm¡ ®l¢SØVÌ¡l p¿ºø qC−m a¡q¡−L Ae¢dL 2
(c¤C) j¡p fkÑ¿¹ c¡¢uaÅ f¡me qC−a ¢hla b¡¢Lh¡l
Ae¤j¢a fÐc¡e L¢l−a f¡¢l−hz
(1L) Ef-¢h¢d (1) Hl Ad£e ¢p¢V
L−fÑ¡−lne Hm¡L¡ h¢qiѤa ®L¡e Hm¡L¡l ®L¡e ¢eL¡q
®l¢SØVÌ¡l−L c¡¢uaÅ f¡me qC−a ¢hla b¡¢Lh¡l
Ae¤j¢a fÐc¡e Ll¡ qC−m ®k ¢eL¡q ®l¢SØVÊ¡l−L
Eš²l¦f Ae¤j¢a fÐc¡e Ll¡ qCu¡−R ®pC ¢eL¡q
®l¢SØVÌ¡l Eq¡, ¢m¢Mai¡−h, Ae¢a¢hm−ð, pw¢nÔø
p¡h-®l¢SØVÌ¡l−L Ah¢qa L¢l−hez
(2) ®L¡e ¢eL¡q ®l¢SØVÌ¡l−L c¤C j¡−pl
A¢dL pju c¡¢uaÅ f¡me qC−a ¢hla b¡¢Lh¡l
Ae¤j¢a fÐc¡e L¢lh¡l fÐ−u¡Se ®cM¡ ¢c−m Abh¡
Ef-¢h¢d (1) E¢õ¢Ma j”¤l£L«a pju c¤C j¡−pl
A¢a¢lš² h¢dÑa L¢lh¡l fÐ−u¡Se qC−m, plL¡−ll
Ae¤j¢a NËqe L¢l−a qC−h:
a−h naÑ b¡−L ®k, ®L¡e ¢eL¡q ®l¢SØVÌ¡l
HL¡¢cœ²−j Ruj¡−pl A¢dL c¡¢uaÅ f¡me qC−a
¢hla b¡¢L−a f¡¢l−h e¡z
(3) ¢eL¡q ®l¢SØVÌ¡lNZ, ®k a¡¢lM qC−a
c¡¢uaÅ f¡me qC−a ¢hla b¡¢L−a CµR¤L, Eš²
a¡¢l−Ml HL pç¡q f§−hÑ Efk¤š² L¡lZ E−õMf§hÑL
fÐ−u¡Se£u L¡NSfœ pw¢nÔø ®Sm¡ −l¢SØVÌ¡−ll ¢eLV
clM¡Ù¹ ®fn L¢l−hez”
20The petitioner utter a irresponsible person handed over the balam boi of Nikah Registrar to the added respondent No. 7 who is neither his assistant nor he has any responsible person to holding the secret balam
boi of the said Nikah Registry office. While damage has been done by the (added respondent No. 7) by solemnized marriages of six minor girls. The petitioner started accusing the stranger (added respondent No. 7) only to give up his official responsibility as Nikah registrar of the said locality which is not at all acceptable in any manner being government responsible person like the instant petitioner.
Considering the above, we are inclined to discharge the Rule
21for ends of Justice.
Accordingly, the Rule is discharged without cost.
Communicate this judgment and order at once.
Md. Habibul Gani, J.
I agree.
22Shokat (B.O)
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