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Download PDF The High Court yesterday ruled that it has the jurisdiction to dispose of petition seeking bail by any person facing a criminal case under the Emergency Power Rules 2007.
A division bench headed by Justice Nozrul Islam Chowdhury issued the ruling after inviting a legal debate on March 29 over revocation of the right to seek bail.
The amended Emergency Power Rules (EPR) revoked the right to bail of those being herded up during the current countrywide operation against crime and corruption.
Before giving its ruling it had sought opinions of senior lawyers on the issue, suspending the High Court orders on bail petitions moved on behalf of bigwigs, including politicians, detained on charges of corruption and serious crimes.
On the night of March 21, the government issued a gazette notification to this effect under the Emergency Powers Ordinance 2007 with retrospective effect since February 13.
According to the amended law, an accused in such a case has been stripped of right to file bail petition during the investigation or trial of the case.
Additionally, they cannot seek redress from ‘any higher courts against any order given by any court or tribunal before or during the trial–until the delivery of the final verdict’.
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