HC has no jurisdiction to grant bail in EPR cases

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The High Court (HC) has no jurisdiction to grant bail in criminal cases under the Emergency Power Rules (EPR) 2007.

The Supreme Court (SC) made it clear in its judgment yesterday allowing government appeal against an HC verdict which said it has jurisdiction to dispose of bail petitions in such cases.

The seven-member full bench of Appellate Division of the SC headed by Chief Justice Mohammad Ruhul Amin delivered the judgment.

The chief justice pronounced the verdict only saying ‘appeal allowed.’

Meanwhile, people eagerly awaited the SC judgment for long to know the fate of detainees including high-profile persons in different criminal cases under the EPR.

The HC gave its verdict on April 22 last year following a petition by an oil trader of Khulna, Maijuddin Sikder, seeking bail in a case filed under the EPR.

An HC bench comprising Justice Nozrul Islam Chowdhury and Justice SM Emdadul Huq gave the verdict, saying the HC has jurisdiction to dispose of petitions by any persons seeking bail in criminal cases filed under the EPR.

The government filed an appeal with the SC challenging the HC verdict. Hearing on the appeal ended on April 15.

Following the SC verdict, many lawyers said everyone is bound to obey the apex court’s verdict but many others expressed concern over restriction on bail in criminal cases under the EPR.

Khandaker Mahbub Hossain, vice chairman of Bangladesh Bar Council, told a press briefing that it cannot be good for any government if jurisdiction of a higher court is curtailed. It hampers justice and increases people’s sufferings.

He also said the government will have to be cautious about applying the EPR. And importance of cases should be considered before those are brought under the EPR, he added.

On the night of March 21 last year, the government issued a gazette notification relating to bail in cases filed 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 following the government appeal.

Maijuddin’s counsel Abdul Matin Khasru told reporters that following the SC judgment, no one will be able to come up with a petition in the HC seeking bail in cases under the EPR.

Barrister Rafique Ul Huq said no one could now seek bail in higher court in cases under the EPR. Lower court and higher court are now put in the same row.

When this case was in the HC, counsel for the state had argued that the words ‘court or tribunal’ in the EPR stand for the HC. So, no one can apply for bail in the HC.

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