The Chamber Judge of the Appellate Division, Justice Farah Mahbub, has issued a reversal concerning the High Court’s directive to shut down secondary-level educational institutions during the month of Ramadan.

Representing the state during the hearing were Additional Attorney General Barrister Aneek R Haque, assisted by Assistant Attorney General Maria Tanzima.

Earlier, on Sunday, 14 February, a High Court bench comprising Justice Fahmida Kader and Justice Md Asif Hasan had directed that all government and non-government lower secondary and secondary schools remain closed for the entire month of Ramadan.

The High Court order followed a writ petition filed by Supreme Court lawyer Md Ilias Ali Mondol. He had previously served a legal notice on 5 January, calling upon the government to suspend academic activities during Ramadan. The notice was addressed to the Secretary of the Ministry of Education and the Secretary of the Ministry of Primary and Mass Education.

In the petition, it was argued that around 98 per cent of Bangladesh’s population is Muslim and that, historically, educational institutions had remained closed during Ramadan since the country’s independence. The petitioner claimed that this long-standing practice constituted a recognised legal and customary norm. Citing Article 31 of the Constitution, which provides that no action may be taken except in accordance with law, and Article 152(1), which defines law to include customs and usages having the force of law in Bangladesh, the petition contended that keeping primary and secondary schools open during Ramadan was unconstitutional.

The writ further stated that young students attending school throughout the day may face physical strain while observing fasting, potentially discouraging them from practising religious obligations. It also argued that continuing school operations during Ramadan contributes to severe traffic congestion in urban areas, causing hardship to city residents.

As no response was received to the initial legal notice, the petitioner proceeded to file the writ before the High Court, which subsequently issued its directive ordering the closure of relevant schools for the full month of Ramadan.