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Former Attorney Gen's passport impounding declared illegal

By Staff Correspondent
The Supreme Court on Monday declared illegal the impounding of the passport of former Attorney General Rafiquc-ul Huq.
On the application of Rafique-ul Huq. a Senior Advocate of the Supreme Court of Bangladesh. Justice Md. Abdul Jalil and Justice Naim-uddin Ahmed of the High Court Dtvjskm of the Supreme Court of Bangladesh, have declared the order of the government impounding his pass-C>rt as Illegal and 'without wfol jurisdiction.
The government by order dated October 9. 1991 directed the petitioner to surrender his passport but he refused to hand over tlx- same on the ground that It violated his fundamental right as guaranteed In Article 36 and other Articles of the Constitution.
He thereafter challenged the order before the High Court Division. It was submitted by the petitioner tliat the Constitution guarantees a national of Bangladesh to move freely throughout Bangladesh Including to leave and to reenter Bangladesh.
It was also submitted by him that while he was In treatment in London, he canfe to know about the impugned order and immediately returned to Bangladesh.
He was thereafter sep-ed with the order but he refused to hand over the same on the ground that it violated Article 36 of the Constitution. He requested for ground of reason but that was not supplied till he filed that writ petition.
It was submitted that the Impugned order Infringed his fundamental rights a* guaranteed in Articles 31. 32 and 40 of the Constitution.
Il was submitted before the High Court that he was a for mer Attorney General of Bangladesh, has a good reputa tion as a senior lawyer’ of the Supreme Court of Bangladesh. Is well-known both In the country and abroad and he commands respect In the so riety
But the government lot some ulterior motive and at the instance of some Inter-
ested persons issued Ihe impugned order Io humiliate, disgrace and defame him.
It was done for collateral purposes with malafkle motive. The order was ex-facie illegal not only because It was violative of the fundamental rights but also it was against the principle of natural Justice.
He was not ghen any opportunity of hearing before the order was passed. It was also not passed tn accordance with the provisions of the Bangladesh Passport Order. 1973. It was also submitted in the Court that this was an illegal and malafkle order and issued for collateral purposes at the Instance of some Interested persons only to defame and humiliate him
The government submitted that the passport was impounded because his presence in Bangladesh was necessary In connection with an investigation relating to a banking matter involving BCCI and a client of the petitioner.
In reply, the petitioner's lawyer submitted that till today his client was never questioned and/or Investigated or Interrogated relating to any such Investigation. This was a false pretext to justify the illegal and ma la fide order, which wits passed to defame and disgrace the petitioner.
Government's objection as to alternative remedy was also not accepted by the High Court firstly. because the pe tltioner came before the Court lo enforce his fundamental right* and secondly, since the order was admittedly passed at the dictate of the Ministry of Home Affairs, there was no provision for appeal against that order.
After hearing both the parties. the Hon'ble Court was pleased lo make the Rule absolute and directed that the order Impounding the passport of ihe petitioner was illegal and nassed without taw ill au tlxH V
Syed IshUaq Ahmed. Senior Advocate, appeared for ihe petitioner. He was assisted by M.ihmudul Islam. Md Faztul Haque. SI Khan and MA Samad Aitvocaljs.