Publication Details
Maintainability of Writ Petition: An Appraisal
First Amendment Book Review
Abstract
It is not often that a Judge of the Supreme Court writes a book. The absence of publications by members of the higher judiciary has meant that the legal community has been unable to draw upon their experience and benefit from their views on legal issues on which they were perhaps unable to comment whilst in their robes. In 2020, Mr. Justice Moyeenul Islam Chowdhury added to the small collection of judicial publications with his own book, \"Maintainability of Writ Petition: An Appraisal\". This was a subject that the author was eminently suited to comment on. Prior to his retirement, Mr. Justice Chowdhury had presided over a Division Bench of the High Court Division which dealt with judicial review applications (known in Bangladesh and the rest of the sub-continent as writ petitions). His bench was one of the more revered benches of the High Court Division and over the course of his judicial career Mr. Justice Chowdhury delivered landmarks judgments on a number of important issues, including the constitutionality of the 16th Amendment. Mr. Justice Chowdhury was confirmed as a Judge of the High Court Division on 23 August 2006. He laid down his robes in January 2020. His departure from the bench has been widely considered as a great loss to the judiciary. \"Maintainability of Writ Petition: An Appraisal\" was published in March 2020. The book, as the author informs us was in fact a lecture delivered at the Supreme Court Bar Association auditorium on 26 February 2019. The first chapter begins with a description of the position of the judiciary as one of the three co-equal organs of the state and the importance of the power of judicial review in this arrangement. However, as a book on maintainability of writs, it lacks a discussion of what judges and lawyers understand by the concept of maintainability. Over the years, the Courts have developed a vast array of rules which govern whether a writ petition may or may not be heard by the Court, i.e. its maintainability. Without being satisfied on the issue of maintainability, the Courts will not enter into the merits of a litigant's case. Yet, there is no account as to why the study of maintainability is so important as to warrant a book of its own or why the Courts have fashioned a set of rules or tests for determining which application for