HC directs govt to explain legal basis of emergency

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The High Court Sunday directed the caretaker government to explain why the proclamation of state of emergency and the Emergency Power Ordinance along with its rules should not be declared illegal and contrary to the Constitution, reports bdnews24.com.

After a long legal debate between the counsel for the petitioners and the government attorney over a writ, a Division Bench comprising Justice Khademul Islam Chowdhury and Justice Mashuque Hosain Ahmed issued a ruling asking for government explanation of the legal basis of the emergency regime.

The Court also asked the government to submit in detail through affidavit as to "how the caretaker government would transfer power and how it would hold general election to make it transparent to the people".

The rule is made returnable in four weeks.

Four Supreme Court lawyers--M Saleem Ullah, M Mohsen Rashid, Nahid Sultana Juthi and Abdul Mannan Khan--filed the public-interest litigation writ petition challenging the validity of the state of emergency proclaimed on January 11, 2007.

Adv MA Farooqui, assisted by Adv Ruhul Quddus Babu, appeared for the petitioners while Nayema Haider for the government.

The President promulgated the state of emergency in the wake of political turmoil that stalled a general election slated for January 22 last year-and a reconstituted caretaker government has been in power with military backing since the 1/11, 2007 changeover.

With the execution of the state of emergency, fundamental rights were suspended, political activities banned and freedom of the press was curtailed. Recently, the caretaker government relaxed some emergency provisions on political activities, now that elections are ahead.