For a detention order made by the District Magistrate on being satisfied about the prejudicial act by any person and the extension of such order by the Government under section 3 of the Special Powers Act, there is no requirement of law to place it before the President for his approval, and consequently there is no obligation nor scope to pass order by noting it as “by order of the President” and this being a purely executive order the provision of Article 56(3) of the Constitution is not applicable to this case. martial. Affirming that it is our sacred duty to safeguard, protect and defend this Constitution and to maintain its supremacy as the embodiment of the will of the people of Bangladesh so that we may prosper in freedom and may make our full contribution towards international peace and co operation in keeping with the progressive aspirations of mankind; The detaining authority must always keep in view Article 33(5) of the Constitution which provides that the authority making the order for preventive detention shall, as soon as may be, communicate to the detained person the grounds on which the order of detention has been made and the Legislature in section 8(2) of Special Powers Act has taken pains to specifically direct the detaining authority to … It declares Bangladesh as a secular democratic republic where sovereignty belongs to the people; and lays down the framework defining fundamental political principles of the state and spells out the fundamental rights of citizens. Constitutionalism and Political Stability as the Precondition. (AD) 127 that there is no scope for second revision the matter ends there. ... 33. Haji Golam Hossain Vs. Abdur Rahinan Munshi 40 DLR (AD) 196. The territory of the Republic: 2A. By the Constitution Act 1973, Article 33 was amended on condition that for defensive detention and Part IXA was inserted conferring authority on Parliament and the administrative to deal with emergency state and providing for postponement of enforcement of the fundamental privileges during the episode of emergency. (3) Every order made under this article shall, as soon as may be, be laid before Parliament. Habiba Mahmud Vs. Bangladesh 45 DLR (AD) 89. Reference herein to any specific commercial product process or service by trade name, trade mark, manufacturer or otherwise, does not necessarily constitute or imply its endorsement, recommendation or favouring by the Lawyers & Jurists. Sajeda Parvin Vs. Government of Bangladesh 40 DLR (AD) 178. Constitutional Law of Bangladesh ARNAB KUMAR DAS Port City International University, Chittagong, Bangladesh. Provisions were made through this amendment for the suspension of some fundamental … Article 102— Article 104— Forfeiture of book—Defect in the order is no ground for exercise of writ jurisdiction—For enforcement of fundamental right and for cancellation of order, the Court should look to the equity and good conscience in passing the impugned order (forfeiting the book in question). Freedom of movement : 37. In India, Article 25 guarantees religious freedom in a narrower sense — in addition to “public order and morality”, it is also subject to “health” and “other fundamental rights”, and the state can also restrict freedom of religion in respect of … Freedom of assembly: 38. Freedom of religion : 42. A provision of referendum in respect of amendment of certain provisions of the constitution was inserted and to that end a new clause IA was created in Article 142. Article 35 of the Constitution adopted in 1972, and amended in 2014, includes the following provisions on violence against women: (5) No person shall be subjected to torture or to cruel, inhuman, or degrading punishment or treatment. This site may be used by the students, faculties, independent learners and the learned advocates of all over the world. No question has been raised about the rationale behind this article by any government or parliament in the past. Prohibition of forced labour : 35. Critics of Sixteenth Amendment Under The Constitution of The Peoples Republic of Bangladesh, Part VIA of the constitution dealing with one party system as introduced by the 4, The independence of judiciary which was completely destroyed by the 4, The jurisdiction of the High court Division of the Supreme Court to enforce fundamental rights was restored to its original position as was in the original constitution (Article 44 and 102).]. Protection in respect of trial and punishment : 36. Central Government Act. Sajeda Parvin Vs. Government of Bangladesh 40 DLR (AD) 178. Contempt— Limits of the press — Freedom of the press is recognized in our constitution—a court is to suffer criticism made against it only in the exceptional cases of bad faith or ill motive it will resort to law of contempt. Source of Information. A litigant has no inherent right in procedural remedy. Abdul jalil, j. held at paragraph 25 asunder: From the facts and circumstances as discussed above we are of the opinion that the petitioner having been living in Bangladesh is entitled to the protection under Article 33(5) of the constitution and as such the detaining authority was under constitutional obligation to communicate grounds of detention as soon as may … The constitution describes non-Bengali communities as " tribes, minor races, ethnic sects and communities " instead of recognizing them as indigenous people as demanded by civil society groups Judicial precedent is enshrined in Bangladesh's constitution under Article 111, which makes Bangladesh an integral part of the common law world. A writ jurisdiction cannot of necessity be invoked. It states that the Ombudsman shall exercise such powers and perform such functions as Parliament may, by law, determine, including the power to investigate any action taken by a ministry, a public officer or a statutory public authority. A writ petition does not lie against the decision of the Sessions Judge under section 439A CrPC. (Art. The privilege is given to the State in the interest of the State. Main aim for this provision is to ensure the proper discharge of their duties and to maintain discipline amongst them. above the preamble. The detaining authority must always keep in view Article 33(5) of the Constitution which provides that the authority making the order for preventive detention shall, as soon as may be, communicate to the detained person the grounds on which the order of detention has been made and the Legislature in section 8(2) of Special Powers Act has taken pains to specifically direct the detaining authority to cause service of the order containing the detailed grounds of detention at the time of detention, that is, at the very moment he is detained under the order of preventive detention. Article 31 of the Constitution reads as follows: "To enjoy the protection of the law, and to be treated in accordance with law, and only in accordance with law, is the inalienable right of every citizen, wherever he may be, and of every other person for the time being within Bangladesh, and in particular no action detrimental to the life, liberty, body, reputation or property of any person shall be taken except in … However Article 33 provides exception of certain people from the above rights, i.e. Safeguards as to arrest and detention : 34. Article 102(2)(b)(1)— Article 102(2)(b)(i)— Article 34 of the Constitution adopted in 1972, and amended in 2014, includes the following provisions on violence against women: (1) All forms of forced labour are prohibited and any contravention of this provision shall be an offence punishable in accordance with law. The provisions of any state’s law providing substance that releases shall not extend to claims, demands, injuries, or damages which are known or unsuspected to exist at this time, to the person executing such release, are hereby expressly waived. The petitioner having been living in Bangladesh is entitled to the protection under Article 33(5) of the Constitution and as such the detaining authority was under constitu­tional obligation to communicate grounds of detention as soon as may be. 2011) … State Vs. Abdul Muttaleb Khan 45 DLR (AD) 131. (2) An order made under this article may extend to the whole of Bangladesh or any part thereof. Article 70 of BD Constitution 1. Article 33 (Draft Article 26) empowers the Parliament to make laws that would restrict the application of fundamental rights to a specific category of people including members of the Indian Army and intelligence organisations. Where specific criminal charge has been levelled and specific criminal case is pending, the executive authority should not take recourse to preventive detention— Executive authority is to act in aid of the Supreme Court as a solemn constitutional obligation. In such a position the doctrine of the Constitution or of the Code as to double jeopardy is not applicable in the present case. There is no scope for hearing the second petition at the instance of the informant. [Constitution] User Queries. One of four major fundamental principles of state policy socialism was given a new explanation to the effect that socialism would mean economic and social justice (Article 8). 34. Substituted Article 33. Habibullah Vs. Secretary Ministry, of Home Affairs 41 DLR 160. After the introduction of Article 31A in the Constitution, many problems arising out of the violation of fundamental rights contained in Part III of the Constitution were eradicated. Why should we study constitution of UK and USA? Article 102— Article 40— The form of Government shall be that of a Democratic These question … Where serious defect in the finding of fact given by the High Court Division is discovered and the same are considered not tenable then it should be open to the Appellate Division to come to its own) independent finding upon a re-examination or the evidence untrammeled by the opinion of the Court appealed from. Sajeda Parvin Vs. Government of Bangladesh 40 DLR (AD) 178. Researchers all over the world have the access to upload their writes up in this site. Sajeda Parvin Vs. Government of Bangladesh 40 DLR (AD) 178. Article 102— A litigant has no inherent right in procedural remedy. This release extends and applies to, and also covers and includes, all unknown, unforeseen, unanticipated and unsuspected injuries, damages, loss and liability and the consequences thereof, as well as those now disclosed and known to exist. IXA in the … In case of malafide the matter of non disclosure will be justifiable one but for  the clear constitutional sanction a non—disclosure of fact that was considered to the prejudice of the detenu ought to be regarded as a violation of basic principle of natural justice. The Constitution of Bangladesh is the supreme law of Bangladesh. ... 63, 72 and 142 of the constitution; (ii) substitution of Article 33 and (iii) the insertion of a new part ie IXA in the constitution. Part III of the Indian Constitution confers certain Fundamental Rights on each and every citizen of this Country. Article 33 in The Indian Constitution Power of Parliament to modify the rights conferred by this Part in their application etc Parliament may, by law, determine to what extent any of the rights conferred by this Part shall, in their application to, (a) the members of the Armed Forces; or Habiba Mahmud Vs. Bangladesh 45 DLR (AD) 89. Article 102(2)(b)(i)— Freedom of thought and conscience, and of speech : 40. The order of the High Court Division acquitting him though set aside and that of the Conviction by the Special Judge under section 409 Penal Code is restored, the sentence of his imprisonment is therefore reduced to the period already undergone by him. The Republic: 2. It is worthwhile to mention here that, Article 7(2) and 26 of the constitution of Bangladesh impose certain limitation on parliament in making laws. Article 226— Provision of supreme judicial council in respect of security of tenure of the judges of the Supreme Court was interested (Article96). Article 33 of Constitution of India – Power of Parliament to modify the rights conferred by this Part in their application etc Parliament may, by law, determine to what extent any of the rights conferred by this Part shall, in their application to, (i) the members of the Armed Forces; or. Article 41— 33. State Vs. Deputy Commissioner Satkhira 45 DLR 643. bijoy kumar sarker. Last modified April 5, 2019, Dear sir, Article 102— AKM Azizul Hoque Vs. Bangladesh 42DLR 189. Article 148— The views and opinions of the authors expressed in the Web site do not necessarily state or reflect those of the Lawyers & Jurists. Article 102— Appeal or revision must be given expressly by law. © 2017 All Rights Reserved. 43. The book having contained matters which are deliberately and maliciously intended to outrage the religious beliefs of the bulk of the Muslims, the Government was justified in forfeiting the book. In consideration of the people’s participation in the Web Page, the individual, group, organization, business, spectator, or other, does hereby release and forever discharge the Lawyers & Jurists, and its officers, board, and employees, jointly and severally from any and all actions, causes of actions, claims and demands for, upon or by reason of any damage, loss or injury, which hereafter may be sustained by participating their work in the Web Page. The fact of detention and not the date of order of the detention is the material point. Article 58 was amended to the effect that four-fifths of the total number of minister should be taken from among the members of parliament. 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