The New Nation - Internet Edition

UNB, Dhaka

The Supreme Court yesterday struck down a High Court ruling empowering itself with jurisdiction to dispose of bail petitions in criminal cases being tried under the stringent Emergency Power Rules.

A seven-member full hierarchy of the Appellate Division of the Supreme Court headed by Chief Justice M Ruhul Amin passed the order, allowing a government appeal against the HC verdict.

"The appeal is allowed," the CJ pronounced the four-word judgment, which shut the doors on many VIPs in politics, business and bureaucracy caught under the emergency rules and are seeking bail.

Grounds for justifying government appeal were not immediately known, court sources said.

The six other judges endorsing the government appeal are M Fazlul Karim, MM Ruhul Amin, M Tafazzal Islam, M Joynul Abedin, M Hassan Ameen and MA Matin.

On April 22 last year, a High Court division bench comprising Justice Nozrul Islam Chowdhury and Justice SM Emdadul Huq in its ruling had affirmed that it has the locus standi to deal with petitions by persons seeking bail in the EPR cases.

The High Court verdict came on March 29 last year following an application by an oil trader of Khulna, Maijuddin Sikder, who sought bail in a criminal case placed for trial under the EPR for supplying adulterated oil. Delivering the verdict, the HC had also granted bail to Maijuddin.

Before giving ruling by the High Court, it had sought opinions of senior lawyers on the legal dispute, suspending its orders on bail petitions moved on behalf of bigwigs, including politicians, detained on charges of corruption and serious crimes.

On March 21 last year, the government promulgated an amendment to the rules under the Emergency Power Ordinance 2007 revoking the rights to appeal for bail and seek redress from any higher court until a case under the EPR is resolved in the trial court.

According to the amended EPR, an accused will not even be able to file a bail petition during the investigation or trial of a case under it.

Moreover, an accused cannot seek redress from any higher court against order given by any court or tribunal before or during the trial-until the delivery of the final verdict.

In the bail-related section, the amended Ordinance says, "Regardless of whatever is stated in sections 497 and 498 of the Criminal Procedure Code (CrPC) or any other law, an accused under the EPR will not be released on bail during the inquiry, investigation and trial of the case against the person."

Earlier on March 6, the Supreme Court gave a ruling stripping the High Court of jurisdiction to grant bail to any convicted appellant tried under the EPR.

Former British Prime Minister Tony Blair's wife, Cherie Blair, a senior lawyer, was present at the court during pronouncement of the crucial judgment.

Before resumption of the court, Barrister Ajmalul Hossain, QC, on behalf of Cherie, sought permission from the bench for allowing her to witness court proceedings, and the court granted the prayer.

Reacting to the apex-court judgment, Barrister Rafique-ul Huq, the principal counsel for the two detained former Prime Ministers-Khaleda Zia and Sheikh Hasina-termed it "last nail in human rights' coffin". He further said the Supreme Court relegated its status to the subordinate court or tribunal.

Former Law Minister Abdul Matin Khasru, also counsel for Maijuddin, likened the SC verdict to tsunami on the rule of law and the judiciary as well. "My heart bleeds, as I became deprived of fundamental rights," he said.

Former President of the Supreme Court Bar Association (SCBA) Barrister Shafique Ahmed said, "It appears a black chapter in the judicial history in Bangladesh."

He said that right to bail is a constitutional and fundamental right, it cannot be curtailed, and if so, it will turn into a "black law". The SC has recognized it by "snatching away the inherent jurisdiction of the constitutional court".

Dr Shahdeen Malik, a human rights lawyer, said the power of the law-enforcers became "absolute" following the SC judgment, which may result in "abuse of power".