The New Nation - Internet Edition

BSS, Dhaka

The High Court on Sunday issued a Rule upon the authorities concerned asking to show cause why some sections of the Emergency Power Ordinance (EPO) and Emergency Power Rules (EPR) would not be declared ultra vires of the Constitution and of no legal effect.

A two-member Bench issued the Rule after hearing a writ petition jointly brought by former Advisor of the Caretaker Government Sultana Kamal, Daily New Age Editor Nurul Kabir and Dhaka University teacher Hafizur Rahman Karzon.

The petition challenged sections 3 (3) Kha and 3(4) of the Emergency Power Ordinane (EPO) and rules 11 (3), 19 (Gha) and 19 (Uma) of the Emergency Power Rules-2007, saying these are inconsistent with the inherent rights of a citizen and also inherent power of the High Court Division.

The petition also sought an order of stay on the operation of the concerned sections till disposal of the writ petition.

These sections provide for punishment under the EPO, giving retrospective effect of the EPO, barring granting bail on appeal and staying the operation of the trial Court verdict etc.

The Division Bench comprising Justice Syed Mahmud Hossain and Justice Farid Ahmed issued the rule, returnable within four weeks, but did not issue any stay order.