Emergency Powers Rules, 2007

 

Emergency Powers Rules, 2007

 

Rule 19Ka – Time limit under the provisions are held
directory and not mandatory.

As there is no consequence provided,
in the event of the failure to conclude trial within the time specified the
apex court held the provisions of 339C of the Code of Criminal Procedure, 1898,
section 6A of the Criminal Law Amendment Act, 1958 and rule l9Ka of the
Emergency Power Rules, 2007 as directory and not mandatory. However the apex
court further advised to take disciplinary action against the judge concerned
for his willful negligence in not complying with the provisions of the law in
appropriate cases.

A.H.M. Must afa Kamal @ Lotus Kamal
Vs. Government of Bangladesh, represented by the Secretary, Ministry of Law,
Justice and Parliamentary Affairs 14 MLR (2009) (AD) 45.

 

Emergency Powers Rules, 2007

Rule 19(gha) – Ousts the jurisdiction of
all court including the Supreme Court to grant bail. When not specifically challenged the
High Court Division cannot embark upon deciding the constitutionality of the
Rule 19(gha) of the Emergency Powers Rules, 2007 while deciding the matter of
granting bail. The Appellate Division held the jurisdiction of the courts
including the Supreme Court has been ousted by Rule 19(gha) and as such set
aside the impugned order passed by the High Court Division.

The State Vs. Moyezuddin Sikder and
others 13 MLR (2008) (AD) 208.

 

Disclaimer:

The information contains in this web-site is prepared for educational purpose. This site may be used by the students, faculties, independent learners and the learned advocates of all over the world. Researchers all over the world have the access to upload their writes up in this site. In consideration of the people’s participation in the Web Page, the individual, group, organization, business, spectator, or other, does hereby release and forever discharge the Lawyers & Jurists, and its officers, board, and employees, jointly and severally from any and all actions, causes of actions, claims and demands for, upon or by reason of any damage, loss or injury, which hereafter may be sustained by participating their work in the Web Page. This release extends and applies to, and also covers and includes, all unknown, unforeseen, unanticipated and unsuspected injuries, damages, loss and liability and the consequences thereof, as well as those now disclosed and known to exist.  The provisions of any state’s law providing substance that releases shall not extend to claims, demands, injuries, or damages which are known or unsuspected to exist at this time, to the person executing such release, are hereby expressly waived. However the Lawyers & Jurists makes no warranty expressed or implied or assumes any legal liability or responsibility for the accuracy, completeness or usefulness of any information, apparatus, product or process disclosed or represents that its use would not infringe privately owned rights. Reference herein to any specific commercial product process or service by trade name, trade mark, manufacturer or otherwise, does not necessarily constitute or imply its endorsement, recommendation or favouring by the Lawyers & Jurists. The views and opinions of the authors expressed in the Web site do not necessarily state or reflect those of the Lawyers & Jurists. Above all, if there is any complaint drop by any independent user to the admin for any contents of this site, the Lawyers & Jurists would remove this immediately from its site.