Adv. Shahanur Islam Saikot
Programme Manager-Lrgal & Human Rights
On 11 January 2007, the army backed caretaker Government declared state of Emergency of Emergency under Article 141A (Proclamation of Emergency) 141B (Suspension of provisions of certain articles during emergencies) of Bangladesh Constitution. Under the said article during state of Emergency Article-36 (Freedom of movement) , Article-37(freedom of assembly) , Article-38 (Freedom of association) , Article-39(Freedom of thought and conscience, and of speech) , Article-40(Freedom of profession or occupation) , Article-42(Rights to property) remain suspend. But the fundamental rights under Art. 26(Laws inconsistent with fundamental rights to be void) , Article 27 (Equality before law) , Article 28 (Discrimination on grounds of religion, etc ) , Article 29(Equality of opportunity in public employment) , Article-30 (Prohibition of foreign titles, etc) , Article-31 (Right to protection of law) , Article-32 (Protection of right to life and personal liberty) , Article-33 (Safeguards as to arrest and detention) , Article-34 (Prohibition of forced labour) , Article-35 (Protection in respect of trial and punishment) , Article-41 (Freedom of religion) , Article-43 (Protection of home and correspondence) , Article-44 (Enforcement of fundamental rights) , Article-45 (Modification of rights in respect of disciplinary) , Article-46 (Power to provide indemnity) , Article-47 (Saving for certain laws) , Article-47(B) remain valid. The duration of the emergency is valid up to maximum 120 days. But the present army backed caretaker gov’t has been violating the constitutional obligations.
Emergency was imposed on 11 January 2007 and after 120 days it was supposed to be lifted by 11 may 2007. But the care taker Gov Violating the constitution is holding power unconstitutionally.
The care taker Gov. has promulgated emergency rules on 12 January 13 February 21 march 2007. As per rule 11(3) if any punishment is imposed by lower court will remain valid although appeal against the that punishment is accepted by the higher court .but for the end of justice as soon as appeal is accepted by the higher court the judgment of the lower court is automatically suspended and the accused is treated as innocent . So this rule 11(3) is in violation of inherent fundamental right of obtaining justice.
As per rule 15(A) during trial and before judgment movable and immovable properties can be attached and frozen by the government authority.
As per rule 15(B) the government authority on mare suspicion can attach and freeze any body’s movable and immovable properties.
Acquiring legal properties is inherent fundamental rights of a citizen per constitution. With out declaring those properties illegal by the appropriate court the properties can not attached or frozen by the other authorities.
As per rule 19(D) a person can be termed as guilty during investigation and trial for which he has been restricted to submit bail prayer to the court. But prayer of bail is an inherent rights of a person when he is arrested. Whether is granted or not granted is the authority of the court.
The enactment of these rules has empowered the law enforcing agency to frequently violate human rights and put entire nation at mercy of them
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