GOVERNMENT OF BANGLADESH Vs. MOSTAFIZUR RAHMAN

JUDGEMENT

(1.) At the instance of Bangladesh represented by the Secretary Ministry of Home Affairs, Bangladesh Secretariat, Dhaka and Senior Assistant Secretary of the said Ministry this appeal by leave arises seeking review of the judgment and order 01 March 1998 passed in Civil Appeal No.20 of 1992 allowing the said appeal thereby setting aside majority judgment in Writ Petition No. 147 of 1991.

(2.) The said writ petition was filed by the respondent challenging the detention of Mr. Hussain Mohammad Ershad. former President of Bangladesh, after the fall of his Government of 06.12.1990 pursuant to an order of detention passed by the Government on 11.12.1990 under Section 3(1) (a) of the Special Powers Act, 1974 (Act No. XIV of 1974), briefly, the Act. A Division Bench of the High Court Division delivered a split judgment on 20.03.1991 whereupon the matter was referred to third Judge and the Rule Nisi issued in the writ petition finally discharged by majority judgment and order dated 09.12.1991.

(3.) Leave to appeal from the said judgment was granted on 30 April, 1992 to consider whether in the majority judgment the established principles of law as to the scope of judicial review of a detention order and evaluation of the grounds of detention have been grossly violated causing error in the decision on merit and whether a restatement of the said principles has become necessary.