The New Nation - Internet Edition

UNB, Dhaka

The hearing on a writ petition challenging the validity of certain sections of the unassailable Emergency Power Rules (EPR), including denial of bail, began before the High Court On Sunday.

Moving the petition, Barrister Amir-Ul Islam, the counsel for the petitioners, submitted that the EPR on one hand has curbed the citizens' rights to seek bail and taken away the High Court's power to grant bail on the other.

"The constitution cannot be amended by an ordinance," he said before the division bench comprising Justice Syed Mahmud Hossain and Farid Ahmed.

Barrister Amir said the promulgation of the Emergency Power Ordinance hit the basic structure of the constitution.

"Even the bureaucrats have been given both the executive and legislative powers," he added.

After a brief argument by Amir, the hearing was adjourned for a week.

The writ petition challenging the validity of certain sections of the EPR denying bail was filed Thursday by former adviser of caretaker government Sultana Kamal, New Age editor Nurul Kabir and associate professor of Dhaka University Hafizur Rahman Curzon.

They are challenging the validity of the EPR sections 11(3), 19 (gha) and 19 (uma). The EPR Section 11(3) bars bail to any convict-appellant tried under the EPR.

The section 19 (gha) forbids seeking bail by an accused facing criminal case under the EPR during the inquiry, investigation and trial of the case no matter what is stated in sections 497 and 498 of the Criminal Procedure Code or any other law.

The legality of another section under the EPR 19 (uma) has also been challenged. It negates rights of an accused to 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.