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Download PDF The Supreme Court (SC) yesterday completed hearing on a government appeal challenging a year-old High Court (HC) verdict declaring it has jurisdiction to dispose of petitions by persons seeking bail in criminal cases under the Emergency Power Rules (EPR) 2007.
On completion of hearing by the full bench of Appellate Division of the SC, Chief Justice Mohammad Ruhul Amin said they would deliver the judgment soon.
Attorney General Fida M Kamal appeared before the SC for the government.
Later, he told reporters that there were many flaws in the HC verdict.
An HC bench comprising Justice Nazrul Islam Chowdhury and Justice SM Emdadul Huq in its verdict on April 22 last year said it has jurisdiction to dispose of petitions by any persons seeking bail in criminal cases filed under the EPR 2007.
The HC verdict came following a petition by an oil trader of Khulna, Maijuddin Sikder, on March 29 last year seeking bail in a case, filed under the EPR, concerning supply of adulterated oil.
On the night of March 21 last year, the government issued a gazette notification relating to bail under the EPR with retrospective effect from February 13.
According to the amended rule, an accused in such a case is stripped of the right to file bail petition during investigation or trial of the case.
Moreover, 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,’ it says.
But the HC granted bail to Maijuddin, which the SC stayed later following the government appeal.
During hearing of the appeal, defence counsel Abdul Matin Khasru yesterday argued that the executive wing of the state has no jurisdiction to restrict anyone from seeking bail in any court.
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