Agency

The Appellate Division has completed its hearing on the caretaker government's appeal against an earlier High Court verdict that declared it had the authority to consider bail prayers of people accused in cases under the emergency powers rules.

After a two-day hearing, a full bench of the appeals court, headed by chief justice Md Ruhul Amin, said it would deliver its verdict soon, as their deliberations were completed.

Counsel for the state, attorney-general Fida M Kamal, said section 19 of the emergency powers rules stated that no accused under the EPR can appeal for bail in any court or tribunal while the investigation in the case is ongoing. Kamal added that the condition also applied to the High Court.

"There were many flaws in the High Court's verdict that ruled it could itself give bail in cases brought under the emergency powers rules," the attorney-general told reporters following the hearing at the Supreme Court. Abdul Matin Khasru, counsel for the defence, claimed the executive branch has no jurisdiction to bar anyone from seeking bail in any court.

"It is contrary to the constitution and basic human rights," said Khasru. He added that the emergency powers rules made no specific mention of the High Court or anything regarding bail applications. "No rules can be formulated that violate the main law or ordinance in this respect," said Khasru.

The second amendment to the emergency powers rules, implemented on March 21 last year, imposed strict measures regarding bail applications. A few days later, on March 29, 2007, a case filed under the EPR saw edible oil trader Maijuddin Sikder appeal to the High Court for bail after being charged with supplying adulterated merchandise.

In April 2007, a High Court bench of justices Nazrul Islam Chowdhury and SM Emdadul Haque declared that the HC could consider and grant bail prayers in cases filed under the EPR.

The court went on to grant Maijuddin bail in the case, although the upper house of the Supreme Court later suspended the verdict. The bail order for the oil trader, however, was never withdrawn

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