The Dhaka High Court and after 1972 the High Court of this country have consistently held that where the petitioner has challenged his detention as illegal and the detention is continued by successive orders and the detaining authority fails to show that any of the successive orders of detention is illegal, the rule does not become infructuous. 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. A new article 145A was created where it was provided that all international treaties would be submitted to the president who should cause them to be laid parliament. Freedom of movement : 37. Habiba Mahmud Vs. Bangladesh 45 DLR (AD) 89. The Constitution of the People’s Republic of Bangladesh 1972 (amended in 2014), UN Women Constitutional Database . AKM Azizul Hoque Vs. Bangladesh 42DLR 189. However Article 33 provides exception of certain people from the above rights, i.e. Article 102(2)(b)(i)— Article 102— ... 63, 72 and 142 of the constitution; (ii) substitution of Article 33 and (iii) the insertion of a new part ie IXA in the constitution. read with section 439A of the Code of Criminal Procedure (V of 1898)—The Sessions Judge having reversed the finding of possession made in favour of the appellant by the Magistrate, the appellant cannot file writ petition in the nature of mandamus under Article 102(a)(i) of the Constitution. 45 DLR (AD) 163. Secretaries of the Government are directed to submit reports as to the steps taken pursuant to directions of the Court as to enforcement of laws involving juvenile accused. After the introduction of Article 31A in the Constitution, many problems arising out of the violation of fundamental rights contained in Part III of the Constitution were eradicated. (AD) 127 that there is no scope for second revision the matter ends there. Religious words ‘BISMILLAHIR RAHMANIR RAHIM’ was inserted in the beginning of the constitution i.e. 33. ... 33. Judicial review is also supported by the constitution. This site may be used by the students, faculties, independent learners and the learned advocates of all over the world. | Designed & Developed by SIZRAM SOLUTIONS. Prohibition of forced labour: 35. (3) Every order made under this article shall, as soon as may be, be laid before Parliament. In such a position the doctrine of the Constitution or of the Code as to double jeopardy is not applicable in the present case. The Constitution of Bangladesh is the supreme law of Bangladesh. Right to profess religion— The right of the Ahmadiyya community to preach their religious beliefs is subject to law, public order and morality. Constitutional Law of Bangladesh ARNAB KUMAR DAS Port City International University, Chittagong, Bangladesh. 34. thank you for regards While detaining a person the Government must serve specific grounds for detention so as to enable him to know what are his faults and illegalities. 2. In case of malafide the matter of non disclosure will be justifiable one but for  the clear constitutional sanction a non—disclosure of fact that was considered to the prejudice of the detenu ought to be regarded as a violation of basic principle of natural justice. Inserted a new Part IXA to the constitution. The Court is to hold the balance between the State’s need to prevent prejudicial activities and citizen’s right to enjoy his personal liberty. It states that the Ombudsman shall exercise such powers and perform such functions as Parliament may, by law, determine, including the power to investigate any action taken by a ministry, a public officer or a statutory public authority. Article 102(2)(b)(i)— The detenu cannot also ask as a matter of right to the detaining authority the facts not disclosed on the plea of public interest. Hence the detention is illegal. 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. State Vs. Abdul Muttaleb Khan 45 DLR (AD) 131. Passed on 17 July 1973, the first amended was made to the Article 47 of the constitution. [Constitution] User Queries. Another new Article 92A was created where by the president was given power to expend public moneys in certain cases. Article 33 of Constitution of India – Power of Parliament to modify the rights conferred by this Part in their application etc Parliament may, by law, determine to what extent any of the rights conferred by this Part shall, in their application to, (i) the members of the Armed Forces; or. Chunnu Chowdhury Vs. District Magistrate 41 DLR 156. Sajeda Parvin Vs. Government of Bangladesh 40 DLR (AD) 178. Saleem Ullah Vs State 44 DLR (AD) 309. Habiba Mahmud Vs. Bangladesh 45 DLR (AD) 89. Main aim for this provision is to ensure the proper discharge of their duties and to maintain discipline amongst them. 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. Dr. Md. Try out our Premium Member services: Virtual Legal Assistant, Query Alert Service and an ad-free experience. Article 34 in The Constitution Of India 1949. Article 33 & 34 maintain that parliament has the power to modify the application of the fundamental rights to the members of armed forces and Police forces. they do not possess all of them. The information contains in this web-site is prepared for educational purpose. Restriction on rights conferred by this Part while martial law is in force in any area Notwithstanding anything in the foregoing … The amendment inserted an additional clause, Article 47(3) that allowed punishment and prosecution of war criminals under international law. Focus Keyword: Quota System in Bangladesh Clauses (1) & (2) of Article 29 of the Constitution ensure the prniciple of equality of opportunity and non-discrimination in public employment and Article 29(3)(a) provides for an exception to that and gives the government the discretion to initiate/continue for special provision (affirmative action or positive discrimination) in favour of any backward section of citizens … The High Court Division clearly proceeded on a misapprehension of the nature of an application under Article 102(2)(1) of the Constitution. your faithfully Contempt— Limits of the press — Freedom of the press is recognized in our constitution—a court is to suffer criticism made against it only in the exceptional cases of bad faith or ill motive it will resort to law of contempt. Substituted Article 33. Article 102(2)(b)(i)— ... 72 and 142 of the constitution; (ii) substitution of Article 33 and (iii) the insertion of a new part i.e. 33. Article 102— Safegards as to arrest and detention: 34. Nabajug Unnayan Sangstha It is the approach of subjective satisfaction that is being made in the preventive detention cases. Freedom of movement: 37. Abdul Jalil Vs. Chairman, REB 45 DLR 24. Freedom of religion : 42. martial. Haji Golam Hossain Vs. Abdur Rahman Munshi 40 DLR (AD) 196. Article 102— Power of Parliament to modify the rights conferred by this Part in their application etc Parliament may, by law, determine to what extent any of the rights conferred by this Part shall, in their application to, (a) the members of the Armed Forces; or. The fact of detention and not the date of order of the detention is the material point. Double Jeopardy—The accused is going to be prosecuted in respect of an  offence which did not occur during the earlier transaction nor the present case arose out of the same fact and for the present offence he was not tried previously. Abdul jalil, j. held at paragraph 25 asunder: From the facts and circumstances as discussed above we are of the opinion that the petitioner having been living in Bangladesh is entitled to the protection under Article 33(5) of the constitution and as such the detaining authority was under constitutional obligation to communicate grounds of detention as soon as may be, but no grounds … The provision of absolute veto power of the president introduced by the 4. Constitutionalism and Political Stability as the Precondition. Nevertheless the Article 96 of the Constitution of Bangladesh, gives the power to the President to pass order for the ultimate decision of impeachment but still the question lies, what should be the consequence if the President doesn’t give assent to the resolution of parliament; or how much value does President bears in relation to the passing of the process of impeachment. Freedom of profession or occupation : 41. Prohibition of forced labour : 35. Freedom of assembly: 38. The order of the High Court Division acquitting him though set aside and that of the Conviction by the Special Judge under section 409 Penal Code is restored, the sentence of his imprisonment is therefore reduced to the period already undergone by him. Restrict the fundamental rights of armed forces. And there is no precedence to show that article 70 was misused. Article 102(2)(1)— Article 103— Article 41— In the original constitution it was provided in Article 6 that citizens of Bangladesh would be known as ‘BANGALEES’ But this was changed and it was provided now that citizens would be known as Bangladeshis. “The Constitution of Bangladesh was enacted in 1972. Preventive detention—Detaining authority must keep in view Article 33(5) of the Constitution—Grounds to be communicated at the earliest to the detenu regarding the order of detention. 43. bijoy kumar sarker. It is worthwhile to mention here that, Article 7(2) and 26 of the constitution of Bangladesh impose certain limitation on parliament in making laws. Bangladesh, Md. State Vs. Deputy Commissioner Satkhira 45 DLR 643. Article 102(2)(b)(i)— Article 40— Article 34 Constitution of India: Restriction on rights conferred by this Part while martial law is in force in any area. Article 33 (Draft Article 26) empowers the Parliament to make laws that would restrict the application of fundamental rights to a specific category of people including members of the Indian Army and intelligence organisations. Article 102(2)(b)(1)— The form of Government shall be that of a Democratic Article 33 in The Indian Constitution Power of Parliament to modify the rights conferred by this Part in their application etc Parliament may, by law, determine to what extent any of the rights conferred by this Part shall, in their application to, (a) the members of the Armed Forces; or Critics of Sixteenth Amendment Under The Constitution of The Peoples Republic of Bangladesh, Part VIA of the constitution dealing with one party system as introduced by the 4, The independence of judiciary which was completely destroyed by the 4, The jurisdiction of the High court Division of the Supreme Court to enforce fundamental rights was restored to its original position as was in the original constitution (Article 44 and 102).]. Protection in respect of trial and punishment: 36. Bangladesh, Md. Source of Information. There was no substantive debate around this article. Part III of the Indian Constitution confers certain Fundamental Rights on each and every citizen of this Country. Haji Golam Hossain Vs. Abdur Rahman Munshi 40 DLR (AD) 196. Malafide vitiates everything and the point is so settled that it needs no reiteration by referring to the decided case [Ref: 34 DLR (AD) 222] Your email address will not be published. A litigant has no inherent right in procedural remedy. Article 41 of the Bangladesh Constitution says every citizen “subject to public order and morality” has the right to profess, practice or propagate any religion. There is no scope for hearing the second petition at the instance of the informant. Article 31 of the Constitution reads as follows: "To enjoy the protection of the law, and to be treated in accordance with law, and only in accordance with law, is the inalienable right of every citizen, wherever he may be, and of every other person for the time being within Bangladesh, and in particular no action detrimental to the life, liberty, body, reputation or property of any person shall be taken except in … Haji Golam Hossain Vs. Abdur Rahinan Munshi 40 DLR (AD) 196. In certiorari the Court can declare that the conviction of the accused was recorded without lawful authority—if the accused’s trial is vitiated by irregularities in procedure causing him prejudice, the proceedings can be quashed. Free for one month and pay only if you like it. Safeguards as to arrest and detention : 34. Source of Information. Forfeiture of book—Defect in the order is no ground for exercise of writ jurisdiction—For enforcement of fundamental right and for cancellation of order, the Court should look to the equity and good conscience in passing the impugned order (forfeiting the book in question). The Indian judicial view is completely different from that of Bangladesh judicial view on the matter. It will be a dangerous slip to go into those decisions. Affirming that it is our sacred duty to safeguard, protect and defend this Constitution and to maintain its supremacy as the embodiment of the will of the people of Bangladesh so that we may prosper in freedom and may make our full contribution towards international peace and co operation in keeping with the progressive aspirations of mankind; Sajeda Parvin Vs. Government of Bangladesh 40 DLR (AD) 178. The constitution describes non-Bengali communities as " tribes, minor races, ethnic sects and communities " instead of recognizing them as indigenous people as demanded by civil society groups 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. The views and opinions of the authors expressed in the Web site do not necessarily state or reflect those of the Lawyers & Jurists. This is required to make the proper discharge of their duty. (2) An order made under this article may extend to the whole of Bangladesh or any part thereof. Sajeda Parvin Vs. Government of Bangladesh 40 DLR (AD) 178. This complete constitution has been generated from excerpts of texts from the repository of the Comparative Constitutions Project, and distributed on constituteproject.org. Why should we study constitution of UK and USA? When the book contains materials justifying the government’s action, the impugned order cannot be struck down on the ground that it does not mention the facts in support of the action. Order of detention was passed for collateral purposes. Bangladesh Anjumane-e-Ahmadiyya Vs. Bangladesh 45 DLR 185. By the Constitution Act 1973, Article 33 was amended on condition that for defensive detention and Part IXA was inserted conferring authority on Parliament and the administrative to deal with emergency state and providing for postponement of enforcement of the fundamental privileges during the episode of emergency. The State religion: 3. Freedom of assembly : 38. above the preamble. 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. Provisions were made through this amendment for the suspension of some fundamental … (3) N othing in this article shall affect the operation of any law m ade before the com m ence- m ent of the Pro clam ations (A m end m ent) Order, 1977 (Proclam ations O rder N o. I of 19 77), in so far as it relates to the acquisitio n, nati onalisation or acq uisition of an y prop erty w ithou t com pens ation. For more information please click here. Appeal or revision must be given expressly by law. Article 39— Since the Appellate Division of the Supreme Court has observed in 35 DLI? Article 102(2) (1)— The book having contained matters which are deliberately and maliciously intended to outrage the religious beliefs of the bulk of the Muslims, the Government was justified in forfeiting the book. To say the least, the view that was taken in the case of Abdul Latif Mirza 31 DLR (AD) 1 was overlooked. The detaining authority must always keep in view Article 33(5) of the Constitution which provides that the authority making the order for preventive detention shall, as soon as may be, communicate to the detained person the grounds on which the order of detention has been made and the Legislature in section 8(2) of Special Powers Act has taken pains to specifically direct the detaining authority to cause service of the order containing the detailed grounds of detention at the time of detention, that is, at the very moment he is detained under the order of preventive detention. 2011) … People or community cannot be asked for as a mailer of right. When court examines a confidential file relating to a detenu it should indicate, without disclosing the materials, that there are facts in the confidential file that are relatable to the ground of detention. Required fields are marked *, Powered by  - Designed with the Hueman theme. Article 7 and 26 of Bangladesh constitution exercise authority over Article 142 (even … Right to profession— The impugned restriction on the petitioner’s right to be enlisted as a contractor may be bonafide and in the interest of the board, but when it interferes with his fundamental right to profession, the restriction cannot be allowed to exist unless authorized by law. A person elected as a Member of … The way Article 70 was incorporated in the Constitution at that time still remains the same. The detaining authority must always keep in view Article 33(5) of the Constitution which provides that the authority making the order for preventive detention shall, as soon as may be, communicate to the detained person the grounds on which the order of detention has been made and the Legislature in section 8(2) of Special Powers Act has taken pains to specifically direct the detaining authority to … SEXUAL HARASSMENT IN THE WORKPLACE: ISSUES IN THE UK AND US, FREEDOM OF SPEECH AS A PRODUCT OF DEMOCRACY, PART 1, FREE SPEECH IN A LIBERAL DEMOCRATIC SOCIETY. Sekandar Ali Vs. Bangladesh 42 DLR 346. Article 102— For a detention order made by the District Magistrate on being satisfied about the prejudicial act by any person and the extension of such order by the Government under section 3 of the Special Powers Act, there is no requirement of law to place it before the President for his approval, and consequently there is no obligation nor scope to pass order by noting it as “by order of the President” and this being a purely executive order the provision of Article 56(3) of the Constitution is not applicable to this case. Third Amendment was passed on 28 November 1974 that brought changes in Article 2 of the constitution. The privilege is given to the State in the interest of the State. If, in fact, a privilege is claimed in respect of any material, it is the High Court Division alone that would finally decide as to whether the document is really a privileged one or not. Article 33(5)— Where serious defect in the finding of fact given by the High Court Division is discovered and the same are considered not tenable then it should be open to the Appellate Division to come to its own) independent finding upon a re-examination or the evidence untrammeled by the opinion of the Court appealed from. Freedom of association : 39. The Republic: 2. Third amendment. High Court Division which took the view “This rule therefore has become infructuous after revocation of the impugned (original) order and the detenu is in detention not under the said order but under the subsequent order which is not the subject— matter of the present rule” missed the tenor of Article 102(2)(b)(l) which confers jurisdiction on it to “satisfy itself that he is not being held in custody without lawful authority or in an unlawful manner” Article 112— Article 148— Sajeda Parvin Vs. Government of Bangladesh 40 DLR (AD) 178. Article 102— IXA in the … Your email address will not be published. Article 102(2)(b)(i)— Article 31B states that the acts which are present in the ninth schedule and are inconsistent with the provisions laid down by the constitution or resist any decree or order will be left on the competent legislature to … Article 33 empowers the parliament (not state legislature) to restrict or abrogate the fundamental rights of the members of armed forces, paramilitary forces & analogous forces. martial law. Bangladesh Anjuman-e-Ahmadiyya Vs. Bangladesh 45 DLR 185. Hence its mandate as in the constitution is not gender … Article 56(3)— Sajeda Parvin Vs. Government of Bangladesh 40 DLR (AD) 178. It was also provided that the president would appoint as prime Minister the Member of Parliament who appeared to him to command the support of the majority of the members of parliament. in 31 DLR (AD) 1, it was held that the order of detention for its validity is to be tested on the basis whether the detaining authority had before it material which gave a rational probative value of the order and are not extraneous to the purpose of the Act and beyond which the order of detention is immune from challenge except on the ground of malafide. Article 226— HM Ershad Vs. State 45 DLR 534. Constitutional Law of Bangladesh ARNAB KUMAR DAS Port City International University, Chittagong, Bangladesh. Under proviso to Article 33 (5) of the Constitution, the authority has got a constitutional protection not to disclose anything in public interest and it is the constitutional court alone which can look into the materials pertaining to the detention of the detenu as contemplated in the Constitution for its satisfaction alone. Protection in respect of trial and punishment : 36. A writ petition does not lie against the decision of the Sessions Judge under section 439A CrPC. A provision of referendum in respect of amendment of certain provisions of the constitution was inserted and to that end a new clause IA was created in Article 142. Sajeda Parvin Vs. Government of Bangladesh 40 DLR (AD) 178. Grounds in the initial order of detention cannot be substituted for separate grounds to be communicated to the detenu. we have respect and we have wanted to transfer foreign fund according to pay pal bank account no 1901802000287 sonali bank branch akhanagar thakurgaon Bangladesh even that we have request kindly if is true then can transfer according to emergency period because so that can implement your valuable project from Bangladesh. Bangladesh Anjuman-e-Ahmadiyya Vs. Bangladesh 45 DLR 185. Habiba Mahmud Vs. Bangladesh 45 DLR (AD) 89. Central Government Act. One of four major fundamental principles of state policy socialism was given a new explanation to the effect that socialism would mean economic and social justice (Article 8). ARTICLE 70: VACATION OF SEAT ON RESIGNATION, ETC.) “It has been accepted worldwide that … Bangladesh constitution has a provision (in article 77.1) for the establishment of the office of Ombudsman. The constitution declares "the people of Bangladesh shall be known as Bangalees as a nation", which discriminates against the country's significant non-Bengali communities. The territory of the Republic: 2A. The Constitution of the People’s Republic of Bangladesh 1972 (amended in 2014), UN Women Constitutional Database . constituteproject.org Bangladesh's Constitution of 1972, Reinstated in 1986, with Amendments through 2011. constituteproject.org PDF generated: 25 Nov 2019, 19:42 Bangladesh 1972 (reinst. That does not mean that of necessity a writ jurisdiction may be invoked. Reduction of sentence—The respondent suffered much during these long years and any direction to suffer further imprisonment will only add to his misery of which he has had enough. Sajeda Parvin Vs. Government of Bangladesh 40 DLR (AD) 178. Judicial precedent is enshrined in Bangladesh's constitution under Article 111, which makes Bangladesh an integral part of the common law world. However, one of the strategic advantages of Article 70 is the stability of a particular parliament for the reason that no one can change or leave the political party by which he or she is nominated. Last modified April 5, 2019, Dear sir, 141C) Freedom of thought and conscience, and of speech : 40. Researchers all over the world have the access to upload their writes up in this site. thakurgaon Bangladesh. This is the privilege of the State and this privilege the Slate can always claim against the detenu, Further, when the liberty of a citizen is a1 snake and when constitutional protection is sought for, it is the Court alone which can very well look into all the materials including the materials to which privilege is claimed by the detaining authority. Md. Detention on grounds vague and indefinite without giving sufficient materials to enable the detenu to make effective representation is illegal. SID: LLB 00305037. A writ jurisdiction cannot of necessity be invoked. It declares Bangladesh as a secular democratic republic where sovereignty belongs to the people; and lays down the framework defining fundamental political principles of the state and spells out the fundamental rights of citizens. Sajeda Parvin Vs. Government of Bangladesh 40 DLR (AD) 178. Sekandar Ali Vs. Bangladesh 42 DLR 346. In India, Article 25 guarantees religious freedom in a narrower sense — in addition to “public order and morality”, it is also subject to “health” and “other fundamental rights”, and the state can also restrict freedom of religion in respect of … The petitioner having been living in Bangladesh is entitled to the protection under Article 33(5) of the Constitution and as such the detaining authority was under constitu­tional obligation to communicate grounds of detention as soon as may be. A litigant has no inherent right in procedural remedy. Abdul jalil, j. held at paragraph 25 asunder: From the facts and circumstances as discussed above we are of the opinion that the petitioner having been living in Bangladesh is entitled to the protection under Article 33(5) of the constitution and as such the detaining authority was under constitutional obligation to communicate grounds of detention as soon as may … 1986, rev. State Vs. Abdus Sattar 43 DLR (AD) 44. Article 102— Article 58 was amended to the effect that four-fifths of the total number of minister should be taken from among the members of parliament. Provision of supreme judicial council in respect of security of tenure of the judges of the Supreme Court was interested (Article96). 1. Article 102(2)(1)— Article 70 of BD Constitution 1. (2) Notwithstanding anything contained in this Constitution the laws specified in the First Schedule (including any amendment of any such law) shall continue to have full force and effect, and no provision of any such law, nor anything done or omitted to be done under the authority of such law, shall be deemed void or unlawful on the ground of inconsistency with, or repugnance to, any provision of this … Article 35 of the Constitution adopted in 1972, and amended in 2014, includes the following provisions on violence against women: (5) No person shall be subjected to torture or to cruel, inhuman, or degrading punishment or treatment. 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