SC Stays High Court Order on Ramadan School Closures

The Appellate Division of the Supreme Court of Bangladesh on Monday stayed a High Court order that had directed the closure of all government and non-government lower secondary and secondary schools during Ramadan.

The stay was issued by Chamber Judge Justice Farah Mahbub, allowing schools to remain open during the holy month. Additional Attorney General Aneek R Haque represented the state and argued in favour of suspending the HC directive.

The original High Court ruling, passed on February 14 by a bench of Justice Fahmida Kader and Justice Md Asif Hassan, had instructed authorities to close all lower secondary and secondary schools throughout Ramadan.

The order followed a writ petition filed by Supreme Court lawyer Md Ilias Ali Mondol, supported by advocate Tanzina Bobby Liza, claiming that keeping schools open during Ramadan was unconstitutional and went against long-standing practice.

Before filing the petition, Mondol had sent a legal notice on January 5 to the secretaries of the Ministry of Education and the Ministry of Primary and Mass Education, urging closure of schools during Ramadan. The notice cited that around 98 percent of Bangladesh’s population is Muslim and that closing schools during Ramadan has been traditional since independence, citing Articles 152(1) and 31 of the Constitution.

Concerns raised included students’ physical and religious well-being, and increased traffic congestion if schools remained open during fasting hours.

With the Appellate Division’s stay, the High Court order will remain suspended until further notice, allowing schools to operate normally during Ramadan unless a final ruling overturns the decision.