Passport Order, 1972
the reasons for passing an order for impounding or revoking a passport cannot
be furnished to the persons concerned in the interest of sovereignty and
security of Bangladesh or in the public interest, a reply to a demand for a
copy of the order must be given intimating that a statement of reasons for
passing such order cannot be supplied on such grounds.
of the passport of the petitioner for the purpose of inquiry against him by the
Bureau of Anti-Corruption cannot be considered as a lawful ground for
impounding the passport of the petitioner.
is no scope for appeal against an order impounding a passport where the order
was not communicated to the petitioner. In such circumstances, a writ petition
v. The Government of Bangladesh, 22 BLD (HCD) 89.
Syed Mokbul Hossain v. Bangladesh 44 DLR 39; A.R. Shams Md. Doha, 46 DLR 405.
Passport Order, 1973
might be a case where power to impound a passport might be frustrated if a
hearing could be given to the holder of a passport before impounding the
passport and such plea might be taken for excluding the principle of audi
alterem partem. The order of impounding of the passport of the appellant in
this case obviously has been passed on the basis of the order of the Secretary,
Ministry of Home Affairs and nothing could be shown to us to indicate that
there was any chance to frustrate impounding of the passport by the appellant.
The appellant having not been supplied with the copy of the order recording
reasons therefore restricting the appellant from leaving the country certainly
is violative of Article 7(4) of the Bangladesh Passport Order as the appellant
had no opportunity to take a decision to avail of the alternative remedy by way
of appeal as provided in Article 10 of the Passport Order, 1973. Withholding
the order of the Secretary, Ministry of Home Affairs also is indicative of
malafide. (Per A.M. Mahmudur Rahman, J.)
Ershad Vs Bangladesh and others, 21 BLD