.gif "(2002) 54 DLR 118")
The Fact of the Case:
Al-Haj Mokbul Hossain was a Member of Parliament
from 1996 to 2001. He was detained in custody under the provision of Section
3(2) of The Special Powers Act. A rule was issued calling upon the respondents
to show cause as to why he is detained and why should not be brought before the
court so as to satisfy itself that he is not being held in custody illegally and
without unlawful authority.Issue of the case:
The detenu was illegally arrested at first under section 54 of The Code of Criminal Procedure with a view to detaining him and subsequently under section 3(2) of The Special Powers Act, 1974. This kind of detention is not permitted by law and is malafide argued by the petitioner. He further argued that there is a reference of three cases in the grounds of detention and in all those three cases the detenu was released on bail. So there is no reason to detain the detenu. He further argued that the detenu has been arrested only for political purpose and it is done for the purpose of political victimization. Now the issue is whether the arrest is legal or illegal?Decision:
After considering all the issues it cannot be said that the detenu has been detained illegally and as such the Rule is dismissed.Justification:
Mr Zaman Akter, the learned Assistant Attorney General argued that this detenu was involved in the case of the murder of a student leader named Sajal belonging to Chatradal. On 2-12-2001 the detenu in his house along with his supporters made a plan of hartal and the detenu along with his supporters created barricades and obstructions on different roads and also caused damage to public property. To prevent the detenu from causing like offenses detained in custody under section 3(2) of The Special Powers Act, 1974.Case Referred:
i.Mostafizur Rahman vs Bangladesh 44 DLR 317ii. 54 DLR (AD) 89
iii. H Saha vs State of West Bengal (1974) AIR (SC) 2154
iv. M Mohamed Sulthan vs Joint Secretary to the Government of India (1990) CLJ (SC) 2473
v. AIR 1990 (SC) 2222
Written by---
Tarek Bhuiyan
Department of Land Management and Law
Jagannath University, Dhaka
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