Daily Dawn
18 th June 1967
Mujibur Rahman’s case remanded to E. Wing High Court
DACCA, June 17: The Supreme Court has remanded the case of Sheikh Mujibur Rahman to the East Pakistan High Court for re-examination of the validity of his detention under the Defence of Pakistan Rules and has directed that the High Court should consider and reach a conclusion whether upon the evidence there existed a justification for the satisfaction of the Deputy Commissioner of Dacca that it was necessary to detain Sheikh Mujibur Rahman in order to prevent him from acting in any manner prejudicial to the public safety and the maintenance of public order, according to a Supreme Court Press release issued here today.
Sheikh Mujibur Rahman was detained under the defence of Pakistan Rules in may last year and a writ petition filed in the High Court to challenge his detention, was dismissed by a full bench of five judges on the ground that since the satisfaction of the detaining authority was subjective satisfaction, it was the sole judge to decide “whether a particular activity of a particular citizen will, in any way, directly or indirectly affect the security or defence of the State or not.
The majority of the judges of the full bench of the High Court expressed the view that the Court could not examine the grounds of detention.
In a recent case of political detenus of West Pakistan the Supreme Court expressed a contrary view and held that the orders of detention made under the Defence of Pakistan Rules were not immune from judicial review and the courts could examine the grounds of detention in order to be satisfied that such grounds were reasonable and within the ambit of the law authorising the detention.
In view of this verdict, the Supreme Court has observed that the case of Sheikh Mujibur Rahman was not decided in accordance with the law and has therefore remanded the case to the High Court for determining the validity of the order of detention in the light of the observations of the court in the case of Malik Ghulam Jilani and other political detenus of West Pakistan. -APP.
সূত্র: সংবাদপত্রে বঙ্গবন্ধু তৃতীয় খণ্ড: ষাটের দশক॥ দ্বিতীয় পর্ব