Nabajug Unnayan Sangstha Article 102— In such a position the doctrine of the Constitution or of the Code as to double jeopardy is not applicable in the present case. Try out our Premium Member services: Virtual Legal Assistant, Query Alert Service and an ad-free experience. 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. The territory of the Republic: 2A. we have respect and we have wanted to transfer foreign fund according to pay pal bank account no 1901802000287 sonali bank branch akhanagar thakurgaon Bangladesh even that we have request kindly if is true then can transfer according to emergency period because so that can implement your valuable project from Bangladesh. Writ of Habeas Corpus—Nature of enquiry—HC Division’s view erroneous—Considering the nature of enquiry as it is, there is no hesitation in saying that the High Court Division has erroneously taken the view that the Rule (issued by it) has become infructuous as because fresh order had been passed which was not, speaking technically, a subject—matter of the Rule. Sajeda Parvin Vs. Government of Bangladesh 40 DLR (AD) 178. Article 41— 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 … your faithfully Article 104— 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. Provision of supreme judicial council in respect of security of tenure of the judges of the Supreme Court was interested (Article96). Freedom of assembly : 38. No question has been raised about the rationale behind this article by any government or parliament in the past. (2) An order made under this article may extend to the whole of Bangladesh or any part thereof. The right to hear is a personal right—the writ petitioner being not the author or publisher of the forfeited book is not entitled to prior notice asking him to show cause against the impugned order. State Vs. Abdus Sattar 43 DLR (AD) 44. Constitutionalism and Political Stability as the Precondition. The Constitution of the People’s Republic of Bangladesh 1972 (amended in 2014), UN Women Constitutional Database . Article 102(2)(1)— Restrict the fundamental rights of armed forces. Article 102— The Court is to hold the balance between the State’s need to prevent prejudicial activities and citizen’s right to enjoy his personal liberty. Third amendment. Religious words ‘BISMILLAHIR RAHMANIR RAHIM’ was inserted in the beginning of the constitution i.e. Article 35(5)— 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. It is the approach of subjective satisfaction that is being made in the preventive detention cases. To say the least, the view that was taken in the case of Abdul Latif Mirza 31 DLR (AD) 1 was overlooked. Article 33(5)— Sajeda Parvin Vs. Government of Bangladesh 40 DLR (AD) 178. Article 148— Freedom of movement: 37. Article 102— they do not possess all of them. Abdul Jalil Vs. Chairman, REB 45 DLR 24. Safeguards as to arrest and detention : 34. The form of Government shall be that of a Democratic Chunnu Chowdhury Vs. District Magistrate 41 DLR 156. 1. 43. IXA in the … 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. Bhutan is a Sovereign Kingdom and the Sovereign power belongs to the people of Bhutan. State Vs. Abdul Muttaleb Khan 45 DLR (AD) 131. | Designed & Developed by SIZRAM SOLUTIONS. When court examines a confidential file relating to a detenu it should indicate, without disclosing the materials, that there are facts in the confidential file that are relatable to the ground of detention. Article 112— 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. There was no substantive debate around this article. Article 102(2)(b)(i)— Free for one month and pay only if you like it. Article 33(5)— thank you for regards This complete constitution has been generated from excerpts of texts from the repository of the Comparative Constitutions Project, and distributed on constituteproject.org. Article 102— The fact of detention and not the date of order of the detention is the material point. Article 103— In the original constitution it was provided in Article 6 that citizens of Bangladesh would be known as ‘BANGALEES’ But this was changed and it was provided now that citizens would be known as Bangladeshis. A person elected as a Member of … 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. Bangladesh Anjumane-e-Ahmadiyya Vs. Bangladesh 45 DLR 185. 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 For more information please click here. (Art. Haji Golam Hossain Vs. Abdur Rahman Munshi 40 DLR (AD) 196. It was also provided that the president would appoint as prime Minister the Member of Parliament who appeared to him to command the support of the majority of the members of parliament. Article 102(2)(b)(1)— Since the Appellate Division of the Supreme Court has observed in 35 DLI? Required fields are marked *, Powered by  - Designed with the Hueman theme. Haji Golam Hossain Vs. Abdur Rahman Munshi 40 DLR (AD) 196. © 2017 All Rights Reserved. martial law. Article 33 in The Constitution Of India 1949. The privilege is given to the State in the interest of the State. 33. The constitution declares "the people of Bangladesh shall be known as Bangalees as a nation", which discriminates against the country's significant non-Bengali communities. Hence the detention is illegal. HM Ershad Vs. State 45 DLR 534. 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. Freedom of assembly: 38. Sekandar Ali Vs. Bangladesh 42 DLR 346. Substituted Article 33. The views and opinions of the authors expressed in the Web site do not necessarily state or reflect those of the Lawyers & Jurists. Prohibition of forced labour: 35. This is the privilege of the State and this privilege the Slate can always claim against the detenu, Further, when the liberty of a citizen is a1 snake and when constitutional protection is sought for, it is the Court alone which can very well look into all the materials including the materials to which privilege is claimed by the detaining authority. Provisions were made through this amendment for the suspension of some fundamental … The amendment inserted an additional clause, Article 47(3) that allowed punishment and prosecution of war criminals under international law. (AD) 127 that there is no scope for second revision the matter ends there. Restriction on rights conferred by this Part while martial law is in force in any area Notwithstanding anything in the foregoing … 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).]. 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. Your email address will not be published. Safegards as to arrest and detention: 34. Grounds in the initial order of detention cannot be substituted for separate grounds to be communicated to the detenu. The Indian judicial view is completely different from that of Bangladesh judicial view on the matter. However, one of the strategic advantages of Article 70 is the stability of a particular parliament for the reason that no one can change or leave the political party by which he or she is nominated. Article 40— 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. Inserted a new Part IXA to the constitution. Article 31B states that the acts which are present in the ninth schedule and are inconsistent with the provisions laid down by the constitution or resist any decree or order will be left on the competent legislature to … SID: LLB 00305037. Article 103— Malafide vitiates everything and the point is so settled that it needs no reiteration by referring to the decided case [Ref: 34 DLR (AD) 222] Article 226— ... 33. Double Jeopardy—The accused is going to be prosecuted in respect of an  offence which did not occur during the earlier transaction nor the present case arose out of the same fact and for the present offence he was not tried previously. Sekandar Ali Vs. Bangladesh 42 DLR 346. 1986, rev. Article 33 empowers the parliament (not state legislature) to restrict or abrogate the fundamental rights of the members of armed forces, paramilitary forces & analogous forces. 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. 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 … 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. 34. Detention on grounds vague and indefinite without giving sufficient materials to enable the detenu to make effective representation is illegal. 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. SEXUAL HARASSMENT IN THE WORKPLACE: ISSUES IN THE UK AND US, FREEDOM OF SPEECH AS A PRODUCT OF DEMOCRACY, PART 1, FREE SPEECH IN A LIBERAL DEMOCRATIC SOCIETY. A writ petition does not lie against the decision of the Sessions Judge under section 439A CrPC. Sajeda Parvin Vs. Government of Bangladesh 40 DLR (AD) 178. 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. Sajeda Parvin Vs. Government of Bangladesh 40 DLR (AD) 178. ... 72 and 142 of the constitution; (ii) substitution of Article 33 and (iii) the insertion of a new part i.e. Article 102(2)(a)(i)— Right to profess religion— The right of the Ahmadiyya community to preach their religious beliefs is subject to law, public order and morality. 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 Constitutional Law of Bangladesh ARNAB KUMAR DAS Port City International University, Chittagong, Bangladesh. Article 102(2)(b)(i)— Freedom of movement : 37. read with section 439A of the Code of Criminal Procedure (V of 1898)—The Sessions Judge having reversed the finding of possession made in favour of the appellant by the Magistrate, the appellant cannot file writ petition in the nature of mandamus under Article 102(a)(i) of the Constitution. A new Article 47A was also added, which specified that certain fundamental rights will be inapplicable in those cases. Article 102— Sajeda Parvin Vs. Government of Bangladesh 40 DLR (AD) 178. Protection in respect of trial and punishment: 36. These question … (3) Every order made under this article shall, as soon as may be, be laid before Parliament. Haji Golam Hossain Vs. Abdur Rahinan Munshi 40 DLR (AD) 196. Right to profession— The impugned restriction on the petitioner’s right to be enlisted as a contractor may be bonafide and in the interest of the board, but when it interferes with his fundamental right to profession, the restriction cannot be allowed to exist unless authorized by law. “It has been accepted worldwide that … Focus Keyword: Quota System in Bangladesh Clauses (1) & (2) of Article 29 of the Constitution ensure the prniciple of equality of opportunity and non-discrimination in public employment and Article 29(3)(a) provides for an exception to that and gives the government the discretion to initiate/continue for special provision (affirmative action or positive discrimination) in favour of any backward section of citizens … 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). Article 33 Constitution of India: Power of Parliament to modify the rights conferred by this Part in their application to Forces, etc. It will be a dangerous slip to go into those decisions. The Constitution of Bangladesh is the supreme law of Bangladesh. bijoy kumar sarker. State filed a leave petition against the order of acquittal by the High Court Division which was dismissed after hearing—Subsequently the informant filed another leave petition. Article 35— Article 33 & 34 maintain that parliament has the power to modify the application of the fundamental rights to the members of armed forces and Police forces. The detenu cannot also ask as a matter of right to the detaining authority the facts not disclosed on the plea of public interest. Appeal or revision must be given expressly by law. 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. Habiba Mahmud Vs. Bangladesh 45 DLR (AD) 89. Md. Article 102(2)(b)(i)— Hence its mandate as in the constitution is not gender … Last modified April 5, 2019, Dear sir, 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. This site may be used by the students, faculties, independent learners and the learned advocates of all over the world. Freedom of thought and conscience, and of speech : 40. Article 102(2)(b)(i)— The State religion: 3. State Vs. Zahir and ors. Dr. Md. 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. [Constitution] User Queries. Article 102— Freedom of association : 39. 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 … The people also did not raise the issue. The Dhaka High Court and after 1972 the High Court of this country have consistently held that where the petitioner has challenged his detention as illegal and the detention is continued by successive orders and the detaining authority fails to show that any of the successive orders of detention is illegal, the rule does not become infructuous. An agreement was made between Bangladesh and India in respect of exchange of certain enclaves and fixation of boundary lines between the countries. When the book contains materials justifying the government’s action, the impugned order cannot be struck down on the ground that it does not mention the facts in support of the action. above the preamble. “The Constitution of Bangladesh was enacted in 1972. That does not mean that of necessity a writ jurisdiction may be invoked. Secretaries of the Government are directed to submit reports as to the steps taken pursuant to directions of the Court as to enforcement of laws involving juvenile accused. Under proviso to Article 33 (5) of the Constitution, the authority has got a constitutional protection not to disclose anything in public interest and it is the constitutional court alone which can look into the materials pertaining to the detention of the detenu as contemplated in the Constitution for its satisfaction alone. Bangladesh Anjuman-e-Ahmadiyya Vs. Bangladesh 45 DLR 185. 2011) … ... 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. Habibullah Vs. Secretary Ministry, of Home Affairs 41 DLR 160. Why should we study constitution of UK and USA? Article 7 and 26 of Bangladesh constitution exercise authority over Article 142 (even … While detaining a person the Government must serve specific grounds for detention so as to enable him to know what are his faults and illegalities. Article 39— 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. (3) N othing in this article shall affect the operation of any law m ade before the com m ence- m ent of the Pro clam ations (A m end m ent) Order, 1977 (Proclam ations O rder N o. I of 19 77), in so far as it relates to the acquisitio n, nati onalisation or acq uisition of an y prop erty w ithou t com pens ation. 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. Main aim for this provision is to ensure the proper discharge of their duties and to maintain discipline amongst them. Bangladesh constitution has a provision (in article 77.1) for the establishment of the office of Ombudsman. If, in fact, a privilege is claimed in respect of any material, it is the High Court Division alone that would finally decide as to whether the document is really a privileged one or not. 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. The provision of absolute veto power of the president introduced by the 4. 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. Source of Information. Article 34 Constitution of India: Restriction on rights conferred by this Part while martial law is in force in any area. 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. Article 56(3)— thakurgaon Bangladesh. Third Amendment was passed on 28 November 1974 that brought changes in Article 2 of the constitution. (2) Notwithstanding anything contained in this Constitution the laws specified in the First Schedule (including any amendment of any such law) shall continue to have full force and effect, and no provision of any such law, nor anything done or omitted to be done under the authority of such law, shall be deemed void or unlawful on the ground of inconsistency with, or repugnance to, any provision of this … constituteproject.org Bangladesh's Constitution of 1972, Reinstated in 1986, with Amendments through 2011. constituteproject.org PDF generated: 25 Nov 2019, 19:42 Bangladesh 1972 (reinst. in 31 DLR (AD) 1, it was held that the order of detention for its validity is to be tested on the basis whether the detaining authority had before it material which gave a rational probative value of the order and are not extraneous to the purpose of the Act and beyond which the order of detention is immune from challenge except on the ground of malafide. 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