SC strikes down HC power for granting bail in EPR cases

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The Supreme Court (SC) ruled against granting bail to detainees held in Emergency Power Rules (EPR) cases those were under investigation, reports bdnews24.com
An full bench of Appellate Division, headed by chief justice Md Ruhul Amin, gave the ruling Wednesday in favour of the government appeal challenging a High Court (HC) verdict that had granted bail in a case filed under EPR year.
On Mar 29 last year, Khulna oil trader Maijuddin Shikder made a bail plea to the HC in a case filed under EPR that accused him of selling adulterated oil.
The second amendment to the Emergency Powers Ordinance dated March 21, 2007, had imposed strict and stringent conditions regarding bail in such cases.
In the bail hearing the state's counsel argued that as per Section 19 (Gha) of the amendment, no accused could appeal for bail in any court or tribunal, including the HC, while investigation in a case filed under EPR is going on.
Attorney General Barrister Fida M Kamal told the news agency after the ruling: "The SC has granted the appeal filed by the government challenging the HC verdict."
Maijuddin's lawyer advocate Abdul Matin Khasru said: "The SC has nullified the HC verdict."
"The HC had said, court or tribunal doesn't refer to the higher court in this case. Therefore, the HC is able to accept bail prayers in such cases."
"But the SC has made it clear that the nomenclature 'court' or 'tribunal' will also apply to the higher court in this case," Khasru said.
The HC bench had appointed senior lawyers of the higher courts as amici curiae for guidance during the original bail hearing.
According to the senior lawyers and the bail petitioner's counsel, the executive authorities did not have jurisdiction for formulating any rule that said 'an accused cannot appeal for bail in court', which opposes the constitution and fundamental human rights.