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Monday, December 8, 2008
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Bail Rights

Govt appeals for stay on HC order

The government yesterday filed an appeal with the Supreme Court (SC) to stay the High Court (HC) judgment which declared illegal the provision of the Emergency Power Rules (EPR), 2007, that deny right to bail to people accused under the rules.

Attorney General Salahuddin Ahmed yesterday told The Daily Star that hearing of the appeal will be held before the chamber bench of the Appellate Division when the court resumes after Eid-ul-Azha and Christmas holidays.

"I will present arguments on behalf of the government against the HC verdict during the hearing of the appeal," Salahuddin said.

However, he refused to make any comment on the HC verdict since he has not received any copy of the judgment.

Upon a writ petition, the HC on December 4 declared its decision on Emergency Power Ordinance (EPO) and EPR. These deny a number of rights to the accused including obtaining bail.

The HC verdict declared illegal the provisions suspending HC jurisdiction to stay the convictions handed down by trial courts against the accused during proceedings of appeals. It also declared illegal the denial of people's right to move to the courts against the government actions under the ordinance and rules.

The same court also cancelled the provisions empowering the Anti-Corruption Commission (ACC) to transfer the cases filed under EPR to other courts.

Sources, however, said the hearing of the government appeal may be held on December 11.

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