AN APPLICATION UNDER ARTICLE 102 OF THE CONSTITUTION OF THE PEOPLES REPUBLIC OF BANGLADESH Vs. THE GOVERNMENT OF BANGLADESH

JUDGEMENT

(1.) On an application under Article 102 of the Constitution, a Rule Nisi was issued calling upon the respondents to show cause as to why the transfer of the Druto Bichar Tribunal Case No. 25 of 2007 arising out of D. A. B. G. R. Case No. 01 of 2007 corresponding to Kotwali (Comilla) Police Station Case No. 92 dated 30.03.2007, now pending before the Druto Bichar Tribunal, Chittagong pursuant to SRO No. 209-Ain/2007 dated 28.08.2007 (as evidenced by Annexure-A(4) to the writ petition) and why the continuation of the Druto Bichar Tribunal Case No. 25 of 2007, pending in the said Druto Bichar Tribunal, Chittagong, should not be declared to be without lawful authority being inconsistent with Section 6 of the Druto Bichar Tribunal Ain, 2002 and why the application of the Emergency Power Rules, 2007 to the said case should not be declared to be without lawful authority in the absence of any sanction required thereunder and as being hit by Section 3(3)(Ka) of the Emergency Power Ordinance, 2007 and/or such other or further order or orders passed as to this Court may seem fit and proper.