Morning News
19th February 1965
3rd Day Hearing of Sheikh Mujib’s case
(By Our High Court Reporter)
A Division Bench of Dacca High Court consisting of Mr. Justice Baquer and Mr. Justice A. Subhan Choudhuri is hearing Sheikh Mujibur Rahman’s petition for the last 3 days.
Mr. Abdul Hakim, D.L.R. replied on behalf of the State. In his reply to S.R. Pal’s submission yesterday Mr. Hakim contended that the prayer of the petitioner to quash the proceeding against him pending before the Trial Court is premature as only a complaint has been made against he petitioner and that the Honourable High Court can invoke its inherent jurisdiction to quash only in exceptional cases. when there is no offence that was made out in the complaint but if cannot be quashed in this case till the complaint who has disclosed a primafacis case in his complaint has given an opportunity to state his case before the Trial court and that before the facts are made out there cannot be any revision and that as this petition is not in the nature of a writ. The reasonableness of the restrictions or its contradiction with the Fundament rights can be submitted only be decided at this stage by the Trial Court and that this Honourable Court may not interfere with the ordinary courts of law at this stage and that section 561A of criminal procedure code and not apply in this case.
Mr. S.R. Pal replied to all these and submitted that it is not premature as a proceeding was already started and that to be arrested and taken before the Trial Court on a complaint which has no legal basis is harassing and an abuse of the process of court and the complaint being preposterous this Honourable High Court should invoke its jurisdiction under Section 561A of the criminal procedure code an quash it. He was still arguing when the court rose.
Mr. S. R. Pal appeared for the petitioner.
Mr. A. Hakim, D. L. R together with ATM Masud appeared for the State.
সূত্র: সংবাদপত্রে বঙ্গবন্ধু তৃতীয় খণ্ড: ষাটের দশক ॥ দ্বিতীয় পর্ব