Pakistan Observer
27th July 1967
AROUND THE COURTS
Sk. Mujib’s detention case Hearing continue
(By Our Court Correspondent)
A Special Bench of the Dacca High Court continued the hearing of the habeas corpus application which challenged the validity of the detention of Provincial Awami League Chief Sheikh Mujibur Rahman.
Mr. Justice Baquer, Mr. Justice Abdulla and Mr. Justice Abdul Hakim comprised the Special Bench.
Mr. A. Salam Khan resuming his argument said that detaining a person for political victimisation by only quoting a section of the Defence of Pakistan Rules which catalogued the prejudicial activities would not do. Those catalogued activities must have some reference to the detenu’s activities, he said.
Mr. Salam Khan discussed before the Bench the case of Golam Jilani in which the activities of the detenue related to the criticism of Tashkent Declaration. In consideration, of the fact that criticism of Tashkent Declaration after its conclusion was to bring the Government established by law into hatred, the Court held that the detenu’s activities came under the mischief of Defence of Pakistan Rules, he said.
In the present case the duty of the Court shall be to see if the activities of the Sheikh had any bearing on any such urgent and important issue such as the Tashkent Declaration etc., Mr. Khan argued Mr. Khan told the court that already specific cases were started against the detenu on allegations.
“What more was left now in the matter so as to warrant the Sheikh’s arrest under a stringent law such as the DPR”, he added.
Mr. Salam Khan was still arguing when the court rose for the day. Hearing resumes today (Thursday).
This was the re-hearing of the habeas corpus application filed by one Rezaul Mallik, a friend of the Sheikh on remand by the Supreme Court of Pakistan.
The petitioner challenged the detention in the High Court. According to him the detenu never indulged in prejudicial activities. The detenu was a constitutional agitator for the ventilation of people’s rights, he said.
The petitioner submitted that the Deputy Commissioner of Dacca had no material whatsoever before him to pass the detention order of the Sheikh.
“However a full bench of the High Court, by a majority of 4 to 1 judges earlier rejected Rezaul Mallik’s contention in the ground that the subjective satisfaction of the detaining authority as to the activities of a citizen could not be substituted by the satisfaction of a court which was not in possession of facts.
On appeal by Rezaul Mallik, the Supreme Court remanded the case to the High Court for its disposal in the light of Golam Jilani’s case which was recently disposed of by the Supreme Court.
In that case the Supreme Court held that the High Court should consider the materials placed before it by the detaining authority about a detenu and must satisfy itself that valid grounds of detention existed.
সূত্র: সংবাদপত্রে বঙ্গবন্ধু তৃতীয় খণ্ড: ষাটের দশক॥ দ্বিতীয় পর্ব