The government has appealed to the Appellate Division of the Supreme Court, seeking overturn of two High Court directives that bar permanent infrastructure development in the Mazar area of Bogura's Mahasthangarh, the 2,500-year-old archaeological site on Unesco's World Heritage Tentative List.
The leave to appeal petition, submitted through the Attorney General's Office on July 7, names the home secretary, Bogura deputy commissioner, superintendent of police, custodian of Mahasthangarh, officer-in-charge of Shibganj Police Station and secretary of the Ministry of Cultural Affairs as appellants.
The petition argues that the HC restrictions have stalled essential infrastructure and beautification projects, depriving visitors of basic facilities.
It also says that that funds have already been allocated to develop the shrine mosque in the area, but work remains suspended because of the court orders.
On July 14, Chamber Judge of the Appellate Division Justice Md Rezaul Haque referred the petition to the full bench and fixed tomorrow for hearing, according to Manzill Murshid, a lawyer for the writ petitioners.
The appeal challenges HC judgments delivered on January 19, 2012, and March 5, 2020, following a writ petition filed by Human Rights and Peace for Bangladesh (HRPB) in 2010.
In 2012, the HC directed the government to take effective measures to protect and preserve Mahasthangarh and its adjacent shrine and mosque. In 2020, it ordered police to immediately stop excavation and construction within the archaeological site to prevent encroachment.
The latest legal move follows a dispute over a Tk 73 lakh project to build a women's restroom in the shrine area.
Excavation began on June 15 this year but was halted after the Department of Archaeology (DoA) warned that permanent construction would violate the Antiquities Act and the existing HC directives.
On June 17, AKM Saifur Rahman, regional director of the DoA's Rajshahi Division, wrote to the Bogura deputy commissioner, saying that Mahasthangarh, or ancient Pundranagar, is one of Bangladesh's most significant archaeological sites with a history spanning 2,500 years and is included on Unesco's World Heritage Tentative List.
The letter said excavation had begun on June 15 for permanent structures using bricks, sand and cement, threatening the archaeological site and violating Sections 12(3) and 19(1)-(2) of the Antiquities Act, 1968 (amended in 1976). It also reminded the district administration that the HC's 2012 and 2020 orders prohibit permanent construction in the protected area and requested immediate steps to stop the work.
Following the deputy commissioner's order halting construction, locals under the banner of "devout followers and development-seeking general public" demonstrated in front of the Mahasthan Museum on June 23 and submitted a memorandum to museum custodian Razia Sultana.
They said several development projects for the Hazrat Shah Sultan Balkhi (Rh) Mazar Mosque had been initiated through the efforts of State Minister for LGRD Mir Shahe Alam and that contractors had already been appointed, but the DoA halted the work, causing hardship for devotees. They urged the department to allow the projects to continue.
However, DoA Regional Director Saifur Rahman on July 17 said he had been unaware of the leave to appeal and later learned from senior officials that neither the DoA nor the Ministry of Cultural Affairs had filed it.
In a letter dated July 16, he informed the DoA director general that the custodian of the Mahasthan Archaeological Museum had no involvement with the appeal.
However, several officials named as appellants told The Daily Star they were unaware of the leave to appeal petition.
Contacted, Home Secretary Manjur Morshed Chowdhury told The Daily Star today, "I have no knowledge at this moment of any appeal having been filed or of my being named as an appellant in connection with the High Court orders on Mahasthangarh.
"The main party may be the Ministry of Cultural Affairs. They would be better placed to comment on it."
Cultural Affairs Minister Nitai Roy Chowdhury, Cultural Affairs Secretary Kaniz Moula and Attorney General Md Ruhul Quddus Kazal could not be reached for comment despite repeated attempts by phone.
Bogura Deputy Commissioner Towfiqur Rahman, Superintendent of Police Mirza Sayem Mahmud, Mahasthangarh Custodian Razia Sultana and Shibganj Police Station Officer-in-Charge Md Shahinuzzaman told The Daily Star on July 15 that they had neither been consulted nor informed about the matter.
Haridas Paul, advocate-on-record for the Attorney General's Office, said he could not specifically comment on the petition or identify the law officer handling the matter.
Contacted yesterday, Dipankar Biswas, joint secretary (additional charge of parliament and law) at the Ministry of Cultural Affairs, said, "We know nothing about this. There is no question of our ministry filing any such leave to appeal petition."
DC Towfiqur said, "Anyone can name me as an appellant. My consent was not taken. However, if the home ministry has filed it, it can include us as appellants without our prior consent."
According to Bogura Zila Parishad sources, the restroom project was initiated under the guidance of Mazar Committee adviser and State Minister for LGRD Mir Shahe Alam, with around Tk 73 lakh allocated through the zila parishad. The DoA later objected to the project.
Responding to the issue, Shahe Alam said he had sent a demi-official (DO) letter to the cultural ministry requesting the renovation and development of the shrine and mosque area for the convenience of devotees while preserving the Mahasthangarh archaeological site.
"It may have been in response to that letter that the government filed the leave to appeal petition," he said.
