SHAHRIAR RASHID KHAN Vs. GOVERNMENT OF BANGLADESH

JUDGEMENT

(1.) These two appeals, certified by the High Court Division under article 103(2)(a) of the Constitution, involve consideration of one central question and that is, whether the Indemnity (Repeal) Act 1996, Act No. 21 of 1996, briefly the Act, (published in the Bangladesh Gazette (additional issue) dated 14, November, 1996) is ultra vires the Constitution. At the end of the hearing of the appeals, we have come to the unanimous and unhesitating conclusion that it is not, and the Act is a valid piece of legislation. Now we turn to the facts leading to these appeals and give the reasons for our decision.

(2.) The appellant in Civil Appeal No. 18 of 1997 filed writ petition No. 5321 of 1996 seeking a declaration that the Act was void, illegal, ultra vires of the Constitution and of no legal effect and further that Dhanmondi P.S. Case No. 10(10) 96 dated 2.10.96 and Lalbagh P.S Case No. 11(11)75 dated 4.11.75 were unlawful and void.

(3.) The appellant who was a captain in the Pakistan Army in 1970 joined the liberation war and was ultimately promoted to the rank of Lieutenant Colonel. He stated, inter alia, in his writ petition that he also served in the diplomatic service of Bangladesh but for his personal reason he resigned from diplomatic service in 1982 and coming back to Bangladesh joined both business and politics. He was arrested on 13.8.96 on baseless allegations regarding certain acts or things done in connection with or in preparation or execution of any plan for or steps necessitating the historical change and proclamation of martial law on the morning of the 15 August, 1975. The appellant came to know about the aforesaid criminal cases while inside the jail.