Indemnity (Repeal) Act, 1996

 

Indemnity
(Repeal) Act, 1996

 

Indemnity is
a void law

It
appears that a void law though not declared void by any Court so long was
legally repealed by the Parliament and as such there was no illegality or
unconstitutionality in passing the Indemnity (Repeat) Act, 1996.

The
Indemnity Ordinance, 1975 (L of 1975), is void-ab-initio being ultra vires of
the Constitution. Agreeing with the decision reported in A.I.R. 1956 (All) 684,
the High Court Division held that an unconstitutional Act is not a law, it
confers no right, it imposes no duties, it affords no protection, it creates no
office. It is, in legal contemplation, as inoperative as if it had never been
passed.

Shahriar
Rashid Khan Vs Bangladesh, represented by the Secretary, Ministry of Law and
Parliamentary Affairs and others, 17 BLD (HCD) 114.

 

Jail Killing
not covered by Indemnity Ordinance

It
is absurd to think that incident that took place on 3.11.75 was a part of the
same transaction which took place on 15.8.75 in view of the fact that the
Indemnity Ordinance of 1975 relates to the incident of 15th August, 1975 only,
and not to the incident that place on 3rd November, 1975. There is no law
whatsoever to immune the killers in jail on 3.11.75 from the legal
consequences. This Indemnity Ordinance, 1975 dated 26.9.75 only related to 15th
August, 1975 incident and it was in no way connected with the incident which
took place in jail on 3rd November, 1975.

Shahriar
Rashid Khan Vs Bangladesh, represented by the Secretary, Ministry of Law and
Parliamentary Affairs and others, 17 BLD (HCD) 114.

 

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