Pakistan Observer
29 th July 1967
AROUND THE COURTS
Mujib’s case Advocate-General continues arguments
(By Our High Court Correspondent)
The Advocate-General Mr. Asrarul Husain continued his arguments on Friday in the Sheikh Mujib’s habeas corpus application. Mr. Hussain started his submissions on …
before a special bench of the Dacca High Court constituted by Mr. Justice Abdulla and Mr. Justice Baqur, Mr. Justice Abdulla and Mr. Justice Abdul Hakim.
Mr. Husain bought to justify the action of the Government to detaining the Sheikh.
Mr. Asrarul Husain submitted that breach in continuity in passing the detention order would not invalidate a detention Mr. Husain was trying to Justify the gap of 27 days between the latest and “last but one” order of detention of the Sheikh.
Mr. Husain also argued that the authority was legally entitled to pass the detention order under Rule 32 of the Defence of Pakistan Rules. The question of passing a less harsh order under another Rule did not arise under the circumstances, he said. He also said that when emergency was still in existence and the DPR was the law, any order could validly be passed by the authority under the DPR to prevent a citizen from acting in a prejudicial manner.
Mr. Husain also argued that the High Court could verify the justification of a detention order but that is in a very limited sense. He said that a habeas corpus petition was not an appeal and therefore the Court would only see if there was any prima facie justification in detaining a man to stop him acting in a prejudicial manner.
সূত্র: সংবাদপত্রে বঙ্গবন্ধু তৃতীয় খণ্ড: ষাটের দশক॥ দ্বিতীয় পর্ব