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Download PDF The High Court (HC) yesterday ordered the government to explain within eight weeks why some sections of the emergency power rules shall not be declared unconstitutional.
The sections disputed include the ones that provide for curbing the right to bail and confiscating properties.
In response to a writ petition filed by Abdul Quddus Mandol of Natore, the HC bench of Justices Shah Abu Nayeem Mominur Rahman and Zubayer Rahman Chowdhury also asked the government to show cause why filing an extortion case against the petitioner under the emergency rules shall not be adjudged illegal.
The court stayed proceedings of the case against Mandol till disposal of the rule. The home secretary and some other government officials have been made respondents to the rule.
Abdul Quddus Mandol filed the writ petition with the HC on August 14, challenging some sections of the Emergency Power Rules (EPR), 2007. The sections disputed include the one on confiscating properties.
He also questioned legality of the government move having the case against him under the EPR framed under the Emergency Powers Ordinance, 2007.
The petitioner said the charges against him were brought in April this year, whereas the incident described in the case occurred months before the president declared the state of emergency on January 11.
According to an official handout issued on January 26, the rules effective from January 12 will continue through the spell of emergency.
After primary hearing on August 14, the bench asked the petitioner’s counsel to inform it exactly where the rules have been misused and the constitutional provisions violated.
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