Constitutional Safeguard of Right to Life Bangladesh Perspective



Chapter 1

Introduction

Constitution of Bangladesh
The time period of the duration or longevity of the living organs embraces the ‘life’ and existences of such organ. When question of existence comes into focus, corresponding rights and duties become the core of such existence which construes ‘right to life’. Life is generally regarded as man’s valued and precious possession and the fear of losing one’s life is the worst possible of all fears[1] and nothing can be more fundamental than preservation of life.[2] Therefore, right to life is one of the basic fundamental rights recognized by every legal system. The constitution of Peoples’ Republic of Bangladesh is not an exception to this generic international norm. ‘Right to life’ is ensured under Art.31 & Art.32 of our constitution signifying its fruitfulness expanding it’s wider to widest meaning through different chemistry.
      Generally ‘Right to Life’ which expression shall cover all the dimensions and aspects of human life. Right to ‘liberty’, ‘expression’ ‘thought’, ‘free movement’, ‘religions’ etc are undoubted part of our life, it is true, but, excellence always  comes after existence. As we know food, clothing, healthy environment, shelter, education is the core of our existence. But what is the status of these rights in our country? Being the core of human existence or life, whether these basic necessities of right do cover by the expression ‘right to life’ as guaranteed under Articles 31 and 32 of the Constitution of People’s Republic of Bangladesh? Does these are judicially enforceable? If not, then why? If yes, then how? What is theory? What is the practical going on? What is the expression of us?
      After being a longest deprivation of British and Pakistan and sacrifice lot, we get our dreamy Bangladesh, where fundamental rights of people shall be ensured, rule of law shall be prevailed, and human dignity shall be respected. But the basic instinct or core of human existence shall not been incorporated under the heads of fundamental human rights, which are judicially enforceable as guaranteed under chapter III of our constitution. How far this reflects the prolonged hoped and expectation of the people of Bangladesh?  What is the general view? What do we want?  Some task of similar to these shall be tried to focus on this thesis.


Chapter 2

Understanding the Concept of Right to life

2.1. Right to Life: Multi way of understanding
"The fundamental right to life which is the most precious human right & which is the arc of all other rights must ………. . be interrupted in a broad and expansive spirit so as to invest it with significance and  vitality which may endure for years to come and enhance the dignity of the individual and the worth of the human person ".
This is judicial observation observed by Justice Bhagwati in Francis Coralia Mullin v. Administrator Union Territory of India.[3]
      The fundamental rights themselves have no fixed content, most of them are empty vessels into which is generation must pour its content in the light of experience.[4]  In the constitutional frame work of Bangladesh, fundamental right to life is such an empty vessel into which express provisions of the constrictions have hardly contributed any precise content. The draftsman of the Constitution of our country deliberately avoided in prescribing any definition of the term ‘life’.  This self restraint on the part of the drafters of the Constitution conveys a significant massage that the word ‘life’ is an open textured expression and has wider meaning that would be discovered from time to time.[5] Moreover, unlike most other fundamental rights, right to life has not been positively conferred by any of the constitution. Probably, the reason is according to the authority of Unni Krishnan J.P v. State of Andra Pradesh.[6]  Only a stagnant society remains unchanged…  The right to life and liberty is inherent in every man.
But, how to define and interpret the term ‘life’ when it is a fundamental right? Without any strict rule in this regard for interpreting and elaborating the arena of right need to depend several interpretation. Some peruse discussion have been made below.

2.2 General View
“In the widest sense, the right to life refers to the right of human beings to be protected against killing under any circumstances. The scheme that killing is wrong is almost universally accepted by all human societies and the right to life is the most fundamental of all human rights.”[7]
“To quality a human right, a right got to have the qualities of inalienability, waivability, defeasibility and derogability. The right to life consists of all of the qualities. When the right to life considered to be one of the unalienable rights, then it means that the sense of self-preservation can not be separated from the human psyche.”[8]
Apart from legal or constitutional expertise, there is no existing human being possessing sound and reasonable attitude that what should be denoted as a right to life in general sense. For this purpose of this thesis, a survey is conducted among 100 people belonging from different sectors, profession possessing different ages. This practical survey shows that in broader sense right to life differs from person to person in many cases such as a rickshaw puller or day labour emphasis on food, shelter, clothing, medical facilities etc, a rich man emphasis on having car, liberty, not to punish wrongfully, liberty to conduct his or her business freely, on the other hand some emphasis on education, free movement, from association, religion, some emphasis on all the rights encompasses the life of human being as right to life. However, something is very much common to all such as –
(a)    right to food, shelter, clothing, medical facilities.
(b)   not to be detained, punished or snatched away the life wrongfully.

2.3 Theoretical View
‘Right to life’ as a fundamental right embraces all the rights surrounding the whole life span of human being and for ensuring their existence peacefully with dignity. Thus jurisprudence of fundamental right to life is being multidimensional; its contents are being enriched. To quote an author’s observation regarding the statutes of constitutional provision as to fundamental right of India: ‘Art.21 has ……..become a main site for the creation of new rights and enlightens. [9] According to another author “Art.21 is connected with all matters of Human Rights. It is due to the expansion of the ambit of Art.21 that the sum of human dignity shines brightly on our horizon brining hope to people, in personality of human being by giving protection to human life. [10] These observations are also application for the interpretation of ‘right to life’ under constitution in Bangladesh.



2.4 Judicial Observation
‘Life’ within the meaning of Art.31 means something more than mere animal existence.[11] It includes the right to live consistently with human dignity and decency,[12] right to the bare necessities of life such as adequate nutrition, clothing and shelter and the facilities for reading, writing and expressing oneself its diverse forms, freely moving about and mixing and commingling with fellow human beings[13] and all that which gives meaning and content to a man’s life [14] including tradition, culture and heritage.[15] Right to life includes right to livelihood because no person can live without means of living. It includes a right to protection of health and normal longevity[16] and right to protection and improvement of environment.[17] Dealing with the right to pollution free environment and ecology, the Indian Supreme Court extended and applied English common law doctrine of public trust[18] to quash a lease of forest land by the side of a river and ordering the lessee to pay compensation by the way of restitution of the environment and ecology .[19]

Bangladesh Bar Council MCQ Exam Shifted

Bangladesh Bar Council MCQ Exam Shifted from 30-08-2013 to 06-09-2013.

Delowar Hossain Sayeedi sentenced to Death

The 73 year old Jamaat-e-Islami nayeb-e-ameer Delowar Hossain Sayeedi was found guilty of murder, abduction, confinement, torture, rape, persecution and abatement of torture, looting, forceful religious conversions and setting homes ablaze in rural areas of southern district of Bangladesh namely, Pirojpur during the Liberation War.[1]



[1] http://www.thedailystar.net/newDesign/news-details.php?nid=270923







Charge-1:
 Killing of 20 People:
Delowar Hossain Sayeedi sentenced to Death
On May 4, 1971, Delawar Hossain Sayedee as a member of Peace (Shanti) Committee carried secret information to the Pakistan army about a gathering of a group of people behind the Madhya Masimpur bus-stand under Pirojpur Sadar and took the army to the spot. The army killed 20 unnamed people by firing.

Held: Not Guilty/ Acquitted

Charge-2:
Killing 13 Hindu People:
On May 4, 1971, Sayedee along with his accomplices accompanied by the Pakistan army looted belongings of members of the Hindu community living in Masimpur Hindu Para under Pirojpur Sadar. They also set the houses of Hindus alight and opened fire on the scared people, who started fleeing the scene, killing 13 people.

Held: Not Guilty/ Acquitted

Charge-3:

On May 4, 1971, Sayedee led a team of the Pakistan army to Masimpur Hindu Para, where the team looted goods from the houses of two members of the Hindu community -- Monindra Nath Mistri and Suresh Chandra Mondol -- and destroyed their houses by setting them on fire. Sayedee also directly took part in the large-scale destruction by setting fire to the roadside houses of villages Kalibari, Masimpur, Palpara, Sikarpur, Razarhat, Kukarpara, Dumur Tola, Kalamtola, Nawabpur, Alamkuthi, Dhukigathi, Parerha and Chinrakhali.

Held: Not Guilty/ Acquitted

Charge-4:
On May 4, 1971, Sayedee and his accomplices, accompanied by the Pakistani army looted the houses of members of the Hindu community and opened fire indiscriminately on them in front of Dhopa Bari and behind the LGED Building in Pirojpur, leaving four persons killed.

Held: Not Guilty/ Acquitted

Charge-5:
Sayedee declared publicly to arrest Saif Mizanur Rahman, then deputy magistrate of Pirojpur Sub-division, when the magistrate organised a Sarbo Dalio Sangram Parishad to inspire people to join the Liberation War. On May 5, 1971, Sayedee along with his associate Monnaf (now deceased), a member of Peace (Shanti) Committee, accompanied by the Pakistan army picked up Saif from the hospital where he was hiding and took him to the bank of the Baleshwar river. On the same date and time, Foyezur Rahman Ahmed, sub-divisional police officer, and Abdur Razzak (SDO in charge of Pirojpur), were also arrested from their workplaces and taken to the river bank. Sayedee as a member of the killer squad was present there and all three government officials were gunned down. Their bodies were thrown into the river Baleshwar. Sayedee directly participated and abetted in the acts of abduction and killing of those three officers.

Held: Not Guilty/ Acquitted

A Comparative Study on Women’s Right in Bangladesh under Hindu and Muslim Personal Laws



Introduction
     
The term women's rights refer to freedom and entitlements of women and girls of all ages. These rights may or may not be institutionalized, ignored or suppressed by law, local custom, and behavior in a particular society. These liberties are grouped together and differentiated from broader notions of human rights because they often differ from the freedoms inherently possessed by or recognized for men and boys, and because activists for this issue claim an inherent historical and traditional bias against the exercise of rights by women and girls.[1]                                                                                         Issues commonly associated with notions of women's rights include, though are not limited to, the right: to bodily integrity and autonomy; to vote(suffrage); to hold public office; to work; to fair wages or equal pay; to own property; to education; to serve in the military or be conscripted; to enter into legal contracts; and to have marital, parental and religious rights. Women and their supporters have campaigned and in some places continue to campaign for the same rights as men.[2]                                                         All family laws- Hindu, Muslim, Parsee, Sikh, Jain and Christian personal laws-have certain common features. All of them recognize the man as the head of the household, they sanction patrilineage and patrilocality, they treat women as men’s property and consider the father to be the natural guardian and they perpetuate double standards in sexual morality and property rights. It is common knowledge among those reasonably acquainted with law that women are greatly deprived of their rights within the laws that govern crucial aspects of the man woman relationship: marriage and divorce, custody of children and guardianship rights, alimony and maintenance for divorced women as well as property rights. The question of women has acquired great importance throughout the world today among all communities. This is for obvious reasons. For centuries, women have been in total subjugation in male-dominated patriarchal societies. It has been a “natural law” to regard women as the inferior sex and for them to submit to male authority for the smooth functioning of society in its day to day progress.

The women in Bangladesh have to deal with little to no rights. Women’s rights are definitely an issue in Bangladesh it is starting to become better but yet at a very slow speed. Many men do not agree with women acquiring equal rights as men because of religious reasons. Some connections to women’s rights matter in Bangladesh are caused from education to religion to legal issues.[3]                                                               Women’s rights in Bangladesh have been an issue for decades. One of the main reasons for this problem is the religion of the country. Now the government is starting to put rules in order to protect and grant women more rights.  As of today there are three laws that are set in place for women, Anti-Dowry Prohibition Act of 1980, Cruelty of Women Law of 1983 and the Women and Children Repression Act of 2000.² These laws have helped women out, but they aren’t strongly enforced, therefore, there are still many issues that aren’t taken care of. The main reason for why these rules are not being strongly enforced is because of religious conflicts. Muslims follow a certain guide line of rules which states that women aren’t to have equal rights as men. Men have made protest against the government for making those laws; they don’t think it’s right that women should be allowed to have the same rights as the men. Men say that some of the policies that are being made are against the Quran and that they are against the teachings of the Quran. The Quran is a Holly and divine text that the Muslims follow. The scenarios are almost same in Hindu community. The laws relating to women’s right are believed to be oriented from Holly Scriptures which can not be altered or modified for the religious sentiment that does not allow the radical changes in customs and rules which have been prevailing for hundreds of years. It is difficult for the government to set any clear and enforced law.[4] The rights for women in Bangladesh are becoming a big issue that is slowly getting better, but there are still a lot of incidents where women are suffering.



Law relating to women’s right

The Bangladesh Constitution declares equal rights for men and women in all spheres of public life.[5] The word 'public' seems to be a major clue to solving this riddle. It is only in the spheres of state and public life that equality is guaranteed through the Constitution. This means that in the private or personal sphere women are pretty much on their own. So even if her husband for whatever reason continuously tortures a woman, until she is killed, the state is unlikely to intervene, as it is we say, too gentlemanly to invade the privacy of the individual. The result is that women continue to be treated as inferior human beings by their husbands and by a society that tends to victimize victims instead of helping them.

FORMATION OF PLAINTS IN CIVIL COURTS

Chapter 1

Introduction

According to section 26 of the Code of the Civil Procedure[1] every suit shall be instituted by the presentation of a plaint. Once the plaint is ready, it is to be filed in the court which has both territorial and pecuniary jurisdiction. According to sec. 15 of the CPC a suit triable by a civil court must be instituted in the court of the lowest grade competent to try it. Once a plaint is taken to the court, the court officer, i.e. the Sheristadar shall examine, inter alia, if the relief claimed has been properly valued and the court fees paid etc. After such examination he puts a serial number of the suit and will enter the suit into a register called the register of the suits. The date of filing shall also be stamped on the plaint as soon as it is filed. Once this is done a civil suit is said to have been started. The machinery of a court is set in motion by the presentation of a plaint, which is the first stage in a civil suit.[2]
Rules 1 to 8 of Order 7 relate to particulars in a plaint. Rule 9 lays down procedure on plaint being admitted. Whereas Rule 10 provides for return of plaint, Rules 11 to 13 deal with rejection of plaint. Rules 14 to 18 contain provisions relating to production of documents. Order 3 enables a party to appear in a court either in person, or through a recognized pleader. Order 5 deals with summons to a defendant. It contains provisions regarding issuance and service of summons. Order 12 deal with the Admission of plaint, and, Order 19 deal with the Affidavit, and also discuss about the schedule of the property.
1
2
3
Chapter 2

Particulars of the Plaint

2.1 What is Plaint?
The expression ‘plaint’ has not been defined in the code. However, it can be said to be a statement of claim, a document, by presentation of which the suit is instituted. Its object is to state the grounds upon which the assistance of the court is sought by the plaintiff. It is a pleading of the plaintiff.[3]

2.2 Particulars of Plaint 
 Every plaint should contain the following particular:
                          i.              The name of the court in which the suit is brought;
                          ii.            The name, description and place of residence of the plaintiff and defendant;
                        iii.            Where the plaintiff or defendant is a minor or a person of un sound mind, a statement to that effect;
                        iv.            The facts constituting the cause of action and when it arose;
                          v.            The facts showing that the court has jurisdiction;
                        vi.            A statement of the value of the subject- matter of the suit for the purpose of jurisdiction and court-fees;
                      vii.            The relief claimed by the plaintiff, simply or in the alternative;
                    viii.            Where the plaintiff files a suit in a  representative capacity, the facts showing that the plaintiff has an actual existing interest in the subject matter and that he has taken steps that may be necessary to enable him to file such a suit;
                        ix.            Where the suit is for recovery of money, the precise amount claimed;
                          x.            Where the plaintiff has allowed a set-off or relinquished a portion of his claim, the amount so allowed or relinquished;

Syllabus for Advocate Enrolment Examination 2012 in Bangladesh


Syllabus for Advocate Examination:
Examination for Enrolment as Advocate:
Time 4 Hours
Total Marks-100

Syllabus for Multiple Choice Question (MCQ) Exam:
1.      Subjects as like Written Exam
Four Answers will be provided, One has to choose.
[N.B.  0.25 minus marking for each wrong answer.]

Date of MCQ Exam: 30 March, 2012


Syllabus for Written Exam
6(six) questions to be answered taking one from each Group.

GROUP-A:
CIVIL PROCEDURE CODE, 1908 (Marks-16)
Section 2: Definition
Sections 9 to 12: Jurisdiction and Res Judicata
Sections 15 to 20: Place of Suing
Sections 22 to 24: Power of transfer of suits
Sections 38, 39 & 48: About Execution of decree
Sections 96, 97,104,105 & 107: Appeal from decree
Order (See Order 41, Rules 1 to 6 and Order 43 Rule 1)
Section 114; Review (See Order 47 Rule 1)
Section 115: Revision

What is Jurisprudence/ Meaning/ Definition/ Philosophy or School of Law/ Legal Theory

 Jurisprudence is the theory and philosophy of law. Scholars of jurisprudence, or legal theorists (including legal philosophers and social theorists of law), hope to obtain a deeper understanding of the nature of law, of legal reasoning, legal systems and of legal institutions. Modern jurisprudence began in the 18th century and was focused on the first principles of the natural law, civil law, and the law of nations.[1] General jurisprudence can be broken into categories both by the type of question scholars seek to answer and by the theories of jurisprudence, or schools of thought, regarding how those questions are best answered. Contemporary philosophy of law, which deals with general jurisprudence, addresses problems in two rough groups:[2]
1.) Problems internal to law and legal systems as such.
2.) Problems of law as a particular social institution as it relates to the larger political and social situation in which it exists.
Answers to these questions come from four primary schools of thought in general jurisprudence:[2]
Natural law is the idea that there are rational objective limits to the power of legislative rulers. The foundations of law are accessible through human reason and it is from these laws of nature that human-created laws gain whatever force they have.[2]
Legal positivism, by contrast to natural law, holds that there is no necessary connection between law and morality and that the force of law comes from some basic social facts although positivists differ on what those facts are.[3]
Legal realism is a third theory of jurisprudence which argues that the real world practice of law is what determines what law is; the law has the force that it does because of what legislators, judges, and executives do with it. Similar approaches have been developed in many different ways in sociology of law.
Critical legal studies is a younger theory of jurisprudence that has developed since the 1970s which is primarily a negative thesis that the law is largely contradictory and can be best analyzed as an expression of the policy goals of the dominant social group.[4]
Also of note is the work of the contemporary Philosopher of Law Ronald Dworkin who has advocated a constructivist theory of jurisprudence that can be characterized as a middle path between natural law theories and positivist theories of general jurisprudence.[5]

What is Law?

Definition of Law:

Law[4] is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible.[5] It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus ticket to trading on derivatives markets. Property law defines rights and obligations related to the transfer and title of personal and real property. Trust law applies to assets held for investment and financial security, while tort law allows claims for compensation if a person's rights or property are harmed. If the harm is criminalised in legislation, criminal law offers means by which the state can prosecute the perpetrator. Constitutional law provides a framework for the creation of law, the protection of human rights and the election of political representatives. Administrative law is used to review the decisions of government agencies, while international law governs affairs between sovereign states in activities ranging from trade to environmental regulation or military action. Writing in 350 BC, the Greek philosopher Aristotle declared, "The rule of law is better than the rule of any individual."[6]

Dclip Kumar Shaha -Vs. - The State

Dclip Kumar Shaha (Petitioners) Vs. TheState (Respondent) [The Special Powers Act (I of 1974), Section 25 (B)(2).]

Appellate Division Cases
(Criminal)

JUDGES

J. R. Mudassir Husain C J
Mohammad Fazlul Karim J
Md. Tafazzul Islam J

Date of Judgment
25th February 2004


The Special Powers Act (I of 1974), Section 25 (B)(2).
  
The Code of Criminal Procedure (V of1898), Section 342. Non Payment of Taxes Duty.
Articles were seized and seizure list was prepared in his presence wherein he put his signature he also identified the accused-Petitioner in the dock and that another..the eye witnesses of the occurrence, by their testimony proved the prosecution case and corroborated each other in support of the prosecution case and the informant, P.W 1 deposed that the accused petitioners illegally smuggled contraband alachi into Bangladesh from India without payment of custom duties and taxes and the prosecution witnesses proved that the accused petitioner kept in his possession 42 Kg. Indian black alachi and failed to show any legal document in respect of those articles and all the prosecution witness namely P.Ws. 1-4 proved the prosecution case as to the time, place and manner of occurrence and thus the prosecution proved the suit of the accused petitioner beyond reasonable doubt and accordingly dismissed the appeal (6).

U.S.A - Eugene, Oregon City Ban on Smoking in Public Places


City of Eugene City Code
Chapter 6: Environment and Health
Tobacco Products and Smoking
6.225 Definitions. For the purposes of sections 6.230 to 6.240 of this code, the following words and phrases mean:

Bar. An area that is devoted to the serving of alcoholic beverages for consumption by guests on premises and in which the serving of food is only incidental to the consumption of such beverages.
Business. Any sole proprietorship, partnership, joint venture, corporation, or other business entity, including retail establishments where goods or services are sold as well as professional corporations and other entities where professional services are delivered.
Designated smoking entrance. An area outside an entrance to a publicly owned building that is neither the main public entrance nor the primary employee entrance and which has been designated by the building manager as a smoking area.
Employee. Any person who is employed by an employer in consideration for direct or indirect monetary wages or profit, and any person who volunteers his or her services to a non-profit entity. This definition includes independent contractors.
Employer. Any person or entity who employs the services of one or more individuals.
Enclosed area. All space between a floor and a ceiling that is enclosed on all sides by solid walls or windows (exclusive of door or passageways) which extend from the floor to the ceiling, including all space therein screened by partitions which do not extend to the ceiling or are not solid, "office landscaping" or similar structure.
Place of employment. Any enclosed area under the control of a public or private employer which employees normally access during the course of employment, including, but not limited to, work areas, employee lounges and rest rooms, conference and class rooms, cafeterias and hallways. A private residence is not a "place of employment" unless it is used as a child care, adult day care, or health care facility.

Nurul Islam v. Government of Bangladesh, WP 1825 of 1999 (2000.02.07) (Tobacco Advertising Case)


Nurul Islam v. Government of Bangladesh, WP 1825 of 1999 (2000.02.07) (Tobacco Advertising Case)[1]

High Court Division
(Special Original Jurisdiction)
Mohammad Fazlul Karim and Md. Abdud Wahhab Miah, JJ
Writ Petition No. 1825 of 1999
with
Writ Petition No. 4521 of 1999
Professor Nurul Islam
............... Petitioners
in W. P. No. 1825/99

Mr. Alhaj Nur Mohammad and others
....... Petitioners
in both the Writ Petitioners
Date of Judgment : The 7th February, 2000
Result : Both the Rule absolute with directions
Judgment
Mohammad Fazlul Karim, J:
1. These two Rules were heard together since both the Rules relate to the same and similar subject matter and are disposed of by this single judgment.
2. In Writ Petition No. 1825 of 1999 Rule Nisi was issued calling upon the respondents to show cause as to why section 3 of the Tamakjato Shamogri Biponon Niontroner Jone Pronito Ain 1988 (ZvgvKRvZ mvgMÖx wecbb wbqš¿‡Yi Rb¨ cÖYxZ AvBb, 1988) should not be enforced properly and as to why the respondents should not be directed to enact law in the light of the Ordinance No. 16 of 1990 for the prohibition of all forms of tobacco advertisements and/or such other or further order or orders passed as to this Court may seem fit and proper.
3. In a application under Article 102 of the Constitution of the People’s Republic of Bangladesh, the Petitioner Professor Dr. Nurul Islam, President, ADHUNIK (Aamra Dhumpan Nibaron Kori) and a National Professor of Banglaesh has stated, Inter alia, that at the present moment all the tobacco related companies are advertising their products in different spheres of media such as newspapers, magazines, television, radio, billboards and various kinds of sponsorship of cultural and sports programme. Section 3(1) of Tamakjato Shamogri Biponon Niyontroner Jonno Pronito Ain provided for a statutory warning “smoking is dangerous for health would be printed on packed or canned tobacco based products sold in the market to the easily readable and understood Bengali on a prominent and distinct space of the said container or packer and similarly section 3(2) of the said Act states “No advertisement of tobacco based products shall be published, broadcast or displayed without having the said warning in easily readable and understood Bengali, engraved, written or printed on a prominent part of the advertisement.

Law of Writs in Bangladesh and its Interpretation in the Supreme Court of Bangladesh

Introduction

Law means any Act, Ordinance, Order, Regulation, bye law, notification or other legal instrument and any custom or usage having the force of law. Law is enacted for the benefit of mankind.1 Law is such a matter where   individual statements or opinion carries no value. A right is an advantage, benefit or interest conferred upon a person by law. A legal right is one which is protected or enforced by law.    A writ is a remedial right for the enforcement of substantive law. Writ means a written document by which one is summoned or required to do or refrain from doing something. 2   As defined by Blackstone,’ writ is a mandatory letter from the king-in-parliament, sealed with his great seal, and directed to the sheriff of the country wherein the injury is committed or supposed so to be, requiring him to command the wrongdoer or party caused either to do justice to the complainant, or else to appear in court and answer the accusation against him”.3   Writ is a very important piece of legal remedies which aims at to provide measure for the infringement of fundamental rights of the people of a country. As a judicial control of the administrative action, constitution provides power upon the
___________________________________________________________________________
1 Siddiqur Rahman Miah, Law of Writs in Bangladesh (Dhaka: New Warsi Book Corporation, 2007), p.ix.
2 Ibid., p.ix.
3 Sharifuddin Pirzada, Fundamental Rights and Constitutional Remedies in Pakistan (Lahore: All Pakistan Legal Decisions, 1966), p. 417.
High Court to issue any writ as required, so that the speedy measure may be taken against the administrative power ultra vires.Historically, writ originated and developed in British legal system. Initially

Fifth & Seventh Amendment of Bangladesh Constitution (pdf download)

Fifth Amendment of Bangladesh Constitution.
Full Judgment
PDF / MSword / HTML

Seventh Amendment of Bangladesh Constitution.
Full Judgment
PDF / MSword / HTML

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