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Friday, May 25th, 2007
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The High Court (HC) will not grant bail in any criminal case filed under the emergency power rules over the next two weeks.

In response to a government prayer, the Appellate Division of the Supreme Court (SC) yesterday stayed the April 22 HC ruling that allowed itself the jurisdiction to dispose of the bail petitions by those charged with criminal offences under the emergency rules.

Headed by Chief Justice Mohammad Ruhul Amin, a four-member bench of the apex court also asked the attorney general to file a regular appeal petition within two weeks.

Attorney General Fida M Kamal moved for the state.

Earlier on March 21, the government promulgated an amendment to the rules under Emergency Powers Ordinance 2007, revoking the right to bail of the ones being rounded up in the countrywide drive against crime and corruption.

Before coming up with the ruling, an HC bench on March 29 invited a legal debate over the amended rules and sought opinions of senior lawyers.

According to the amendment that was given retrospective effect since February 13, the accused also cannot seek redress from any higher courts against any order until a case is resolved in trial court.

The caretaker government made further changes to the rules on April 8 to provide for bail in some cases under the penal code.

The amendment states that the government shall decide which of the offences are to be made bailable and which not. This meant there would be no blanket curb on bail petitions.

However, persons facing trial for offences specified in the rules will not be entitled to seek bail at any stage from first information report (FIR) to the judgment.


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