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HC wants to check why govt filed case under EPR


Posted on Friday, February 1st, 2008 at 1:48 am
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The High Court yesterday called for the records to check as to what circumstances prompted the government to give approval under the Emergency Power Rules (EPR) for trial of the extortion case against detained former prime minister Sheikh Hasina.

A High Court Division bench comprising Justice Shah Abu Nayeem Mominur Rahman and Justice Shahidul Islam called for the documents before passing the order for adjournment of hearing on the rule challenging the legality of placing the case under EPR as the crime had been committed before promulgation of the emergency rules.

The court adjourned the hearing until Monday at government side’s request for final preparation.

Opposing the arguments by a panel of amicus curiae appointed by the court, Additional Attorney General Mansur Habib submitted that the authority of government approval relates to procedural matter.

“The question of giving retrospective effect of any offence committed prior to promulgation of the Emergency Power Ordinance is a part of the legal process,” he argued, citing case laws.

Earlier, six legal experts appointed as amicus curiae in the hearing of the case identically viewed that trial of a crime which had been committed before the promulgation of the Emergency Power Ordinance 2007 that came into effect from the day it was promulgated cannot be held under the ambit of the EPR.

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