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Download PDF The High Court (HC) yesterday issued a rule upon the government to explain as to why a number of the provisions for death penalty and disallowing bail in Emergency Powers Ordinance, 2007 and Emergency Power Rules, 2007 should not be declared illegal and unconstitutional.
The rule came following the filing of a writ petition challenging the legality of some provisions of Emergency Powers Ordinance, 2007 and Emergency Power Rules, 2007 saying that those deny people’s rights, including the right to obtain bail in cases filed under these provisions and rules.
An HC bench comprising Justice Syed Mahmud Hossain and Justice Farid Ahmed issued the rule making secretaries to the law and home ministries respondents. They have to respond within four weeks.
Former adviser to a caretaker government and Ain O Salish Kendra Executive Director Sultana Kamal, Daily New Age Editor Nurul Kabir and Assistant Professor of Dhaka University Sheikh Hafizur Rahman Karzon on June 5 jointly filed the writ petition as public interest litigation challenging the legality of sections 3(3)(Kha) and 3(4) of the Emergency Powers Ordinance, 2007 and rules 11(3), 19(Gha), 19(Uma) of the Emergency Power Rules, 2007.
The sections of the Emergency Powers Ordinance, 2007 provide death penalty and life-term imprisonment with fine for violating them and also any other rules with retrospective effect.
As per rule 11(3) of the Emergency Power Rules, 2007, if any court convicts a person for committing corruption, no other court can grant bail to the convict or stay the conviction order until an appeal, if the accused chooses to file, is disposed of.
The two other rules do not allow an accused to pray for bail or any kind of redress with the court or tribunal during the investigation or enquiry of the offence.
Barrister Amir-Ul Islam appeared for the petitioners while Additional Attorney General (AAG) Mansur Habib represented the government in the court.
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