The High Court passed the order on Dec 3 but Advocate Jibananda Jayanta disclosed the information on Thursday.
Advocate Jayanta submitted a copy of the HC order to Dhaka’s First Additional Chief Metropolitan Magistrate Sheikh Samidul Islam.
Justice Md Miftah Uddin Choudhury and Justice Abu Taher Md Saifur Rahman issued a rule asking why it should not scrap the case.
The case proceedings have been frozen until the disposal of the rule.
In November last year, Sarker and Ullash surrendered to court and secured bail after arrests were ordered for them for not appearing in hearing on framing of charges in the case.
Ullash was present in court on Thursday while Sarker was abroad, according to their lawyer.
Sarker and Ullash are accused of making derogatory comments on Prime Minister Sheikh Hasina in a case started by Golam Rabbani, a leader of Bangladesh Chhatra League, the student wing of the ruling Awami League.
The allegation stemmed from a slogan chanted against Hasina from a rally to protest the removal of the Lady Justice statue from the Supreme Court premises. Sarker headed the protest rally at Dhaka’s Shahbagh on May 28, 2017.
The BCL leader started the case two days later.
The derogatory comments on the prime minister offended Rabbani who believes in the ideology of Awami League and its founder Bangabandhu Sheikh Mujibur Rahman, according to the case details.
The defendants’ lawyer has reiterated his claim that no such comment came from his clients.