High Court Questions Legality of Mobile Recharge Surcharge for Padma Bridge Development Fund
Since March 2016, customers have been charged an additional Tk 1 for every Tk 100 mobile recharge under the name of the Padma Bridge Development Fund. After nine years of collection, on July 10, the non-governmental organization Conscious Consumer Society (CCS) filed a writ petition with the High Court challenging the legality of imposing this 1 percent development surcharge on mobile phone usage.
In response to the writ, on August 18 (Monday), the High Court issued a rule asking why the imposition of a 1 percent development surcharge on mobile phone usage should not be declared to be without lawful authority. The rule also sought explanation as to why the inaction or failure to withdraw or repeal the surcharge should not be declared illegal.
The order was passed by a High Court bench comprising Justice Fatema Najib and Justice Md. Hamidur Rahman after the preliminary hearing of the petition.
Lawyer A.K.M. Azad Hossain appeared on behalf of the petitioner, while Deputy Attorney Generals Mohammad Osman Chowdhury and Akhtar Hossain Md. Abdul Wahab represented the state.
It was learned that the petition was filed by CCS following a report titled “Mobile Recharges Still Deducted for Padma Bridge” published on May 25 in a national daily, along with similar reports from other media outlets. The writ petition noted that although Article 83 of the Constitution stipulates that imposition of a surcharge requires proper legislation, the existing law (regarding the 1 percent surcharge) is vague and does not fulfill the conditions laid out in the article.
