BASIS asked to form ad-hoc committee

The High Court (HC) has issued a rule asking the Executive Council of the Bangladesh Association of Software and Information Services (BASIS), the apex body of the information, communication, and technology sector of the country, and served a show-cause notice to explain in two weeks challenging the expansion of its tenure and deferred election date.

Muhammed Aminullah, General Member of BASIS, and Managing Director of Alien Technology Limited filed a writ to the High Court for directions to form an Ad-hoc Committee as the term of the current Executive Committee of BASIS has expired long ago. On April 4, 2021, he filed the writ petition before the High Court Division of the Supreme Court.

The HC bench of Justice M. Enayetur Rahim and Justice Sardar Md. Rashed Jahangir came up with the rules following the writ asking the Director of Commerce Ministry, Trade Organization (DTO) to explain in two weeks why they should not declare the extension of time for BASIS elections without any legal approval and procedure invalid. In the hearing, Senior Advocate Ehsanul Qayyum appeared on behalf of the writ.

Mohammad Amin Ullah said the BASIS is the largest trade organization and apex body of the country’s information, communication, and technology sector. This organization is playing a major role to fulfill the Prime Minister’s “Digital Bangladesh” vision and will continue its effort in the future as well. But, what will happen if the organization besieged itself into irregularities! We could not be allowed it anyway to run BASIS, our beloved and reputable organization, through irregularities. Although, the current executive committee of BASIS is running through remarkable irregularities. It is completely illegal, illegitimate, and unlawful. Their (current executive committee’s) insolence and arbitrariness of being in power and one after another irregularity and illegal efforts cannot be allowed anymore.

He said that the most important thing for any association is organizing the AGM (Annual General Meeting) and Election in time. Organizations within the country run in a democratic process, where members of an organization have the right to give their opinion, intellect, and advice independently. Members of the organization elected their preferred executive committee by exercising voting as their fundamental right. Honorable members of BASIS have also been deprived of this fundamental right. It is also a clear violation of Articles 26 and 31 of the Constitution of the People’s Republic of Bangladesh. However, the current executive committee of BASIS is trying to delay the date of the election and retain power, which has no legitimacy.

The current executive committee has also violated rules while co-opted a new director in the associate category. While reviewing the irregularities, it is found that the present executive committee has no legitimacy and violated the sections of Articles 14.3, 14.8, 14.9, 14.10, 14.11, 16.1, 16.2, 16.3, 16.4, 18.2, and 16.4. In this context, all the activities and decisions taken by the present executive committee which lost its legality since March 31, 2020, are illegal and unlawful that should be null and void, he claimed.