Home Today's Paper Most Popular Video Gallery Photo Gallery
Subscription Blog Signin Register
Logo
Monday, September 24, 2018 06:49:54 AM
Follow Us On: Facebook Twitter Twitter Twitter Twitter

Competent court's order needed to prevent one from leaving country

By
27th-Jan-2018       
Comments
Share your thought
Post a comment »
Read all () »

High Court Division :
(Special Original Jurisdiction)
Syed Md Dastagir Husain J
Md Ataur Rahman Khan J
Tajul Islam (Md)...........Petitioner
vs
Bangladesh, represented by the Secretary, Ministry of Home Affairs and others. Respondents
Judgment
April 3rd 2017
Constitution of Bangladesh, 1972 Article 36
In absence of any custodial order passed by a competent Court of law, no request can be lawfully made to the immigration authorities to prevent a citizen from leaving the country, if any such request is made or entertained by the· immigration authorities, the same would have the effect of undermining the Rule of law and violating citizen's constitutionally guaranteed fundamental rights. . ..... (5)
Md Tajul Islam Advocate in person.
Amit Talukder,  DAG-For the Respondents.
Judgment
Syed Md Dastagir Husain J : Rule was issued calling upon the respondents to show cause as to why the respondents should not be directed to allow the petitioner to leave and reenter Bangladesh as when necessary. Pending hearing of the Rule the respondents were directed to allow the petitioner to go abroad for medical treatment at Bumrungrad International Hospital, Bangkok, Thailand without any hindrance or disturbance provided there is no restriction from any Court of law against the petitioner to leave Bangladesh. Meanwhile the petitioner has also by filing application for a supplementary Rule wherein Rule was issued calling upon the respondents to show cause as to why the respondents shall not be directed to remove all restrictions/obstructions as contained in the data base maintained by the respondents, the petitioner from freely leaving re-entering Bangladesh.
2. The short fact relevant for disposal of this, case, is that the petitioner is a peace-loving citizen of Bangladesh and a lawyer by profession, practicing Advocate of the Supreme Court of Bangladesh since 1999. The petitioner is also founder, Secretary General of National Forum for Protection of Human Rights (NFPHR), a non-registered Human Rights Organization working for protection of Human Rights of the People in Bangladesh. He is also a member of the International Jurist Union (IJU) a worldwide organization of the lawyers and jurists of Bangladesh and he worked as a leading defense counsel in the International Crimes Tribunal, Bangladesh. The petitioner are being prevented by the respondents from leaving Bangladesh without any justification or explanation. No reasons have been offered by the respondents or any Immigration Official either at the time of refusal or any time thereafter. The petitioner has in all material times been in possession of all relevant and valid travel documents (including a valid Bangladesh Passport, a valid visa and a ticket), the respondents have unlawfully prevented him from leaving the country. In preventing the petitioner from leaving Bangladesh the respondents acted in violation of the Bangladesh Passport Order, 1973. Moreover, the petitioner have no criminal proceeding pending before any other Court against him where he is wanted nor are there any allegations of commission of criminal offences. Thereby it is violative of the fundamental rights guaranteed under Articles 27, 31 and 36 of the Constitution.' The petitioner regularly travels abroad for the purpose of discharge of professional responsibilities, tourism as well as for medical treatment. On 18-5-2016, the petitioner was denied permission to leave Bangladesh for the very first time by the respondents though he was in possession of all the travels documents. The petitioner while arrived at the Hazrat Shahjalal International Airport, Kurmitola, Dhaka at 11-00 pm on 17-5-2016 and went to Qatar Airways counter for check in, at this stage, one of the staff member of the Qatar Airways informed him that they are unable to issue a Boarding Pass in favour of the petitioner as they have been asked by immigration authorities not to issue the same in favour of the petitioner. Thereafter in June 2016, the respondents allowed the petitioner to leave Bangladesh to go to Saudi Arabia for the purpose of Umrah. The petitioner left Bangladesh on 23-6-2016 and returned to Bangladesh after completion of Umrah on 5-7-2016. The petitioner now has been advised by his doctors to go abroad for better medical consultation, diagnosis and treatment and then the petitioner made appointments with consultants at Bumrungrad International Hospital, Bangkok, Thailand on 26-8-2016. The petitioner purchased a Biman Bangladesh' ticket to leave Bangladesh on 25-8-2016 along with a return ticket for his scheduled return on 30-8-2016. All the petitioner's travel documents (including Bangladesh Passport) were valid, lawful and in order as per schedule of the flight to leave Dhaka for Bangkok at 12-05 pm on 25-8-2016. The petitioner arrived at Hazrat Shahjalal International Airport, Kurmitola, Dhaka in time and he completed the formalities at the Biman Bangladesh counter. While a Boarding Pass was issued by the staff of Biman Bangladesh Airlines and he proceeded to the Immigration Desk of the Hazrat Shahjalal International Airport, the petitioner handed over his Bangladesh Passport No.BH0053606 and a duly completed Immigration Card to the Immigration officer. While the Immigration Officer was scrutinizing the Bangladesh Passport and visa of the petitioner, the respondent No.5 (Officer-in-Charge Immigration Police, Special Branch, Hazrat Shahjalal International Airport, Kurmitola, Dhaka) arrived at the Immigration Desk. The respondent No.5 took the Bangladesh Passport of the petitioner and informed him that he had instructions from higher authorities to prevent him from leaving Bangladesh and accordingly, he took away the petitioner's boarding pass from him. No explanation or reason whatsoever was given for preventing the petitioner from leaving Bangladesh. Later. the petitioner found out that the immigration authorities had affixed a departure seal in his passport although he was not allowed to cross the Immigration Desk. The respondents had allowed the petitioner to leave Bangladesh but on most occasions, they have kept the petitioner waiting for hours at the Airport.
Although the respondents have allowed the petitioner to leave Bangladesh on a number occasions, this invariably depends on the whims and caprice of the respondents. Therefore, the instant writ petition directing the respondents to allow him to go abroad. The petitioner has every apprehension that he will face restriction at the Airport when he tries to go abroad and as such the instant application as the respondents have prevented the petitioner from leaving Bangladesh. It is violation of the order and also Rules guaranteed under Article 36 of the Constitution. The petitioner finding no other alternative remedy preferred this application and obtained the present Rule.
3. Mr Muhammad Tajul Islam, the petitioner himself has appeared and submits that the action of the respondents in refusing to allow the petitioner to leave the country is arbitrary and without jurisdiction. No reasons has ever been assigned for the restriction from going abroad despite his passport has neither been impounded nor seized. Moreover the petitioner submits that he has fundamental rights to leave and re-enter the country subject to reasonable restriction as imposed by law. However the petitioner has been prevented from leaving Bangladesh in violation of the provision of the taw and also a restriction on the fundamental rights as guaranteed under Article 36 of the Constitution must be strictly construed. The petitioner being in lawful possession of a Bangladesh Passport (bearing No. BH0053606) which has been issued in accordance with the Passport Order, 1973 and the said passport being valid, the petitioner is entitled to leave and re-enter Bangladesh and moreover no criminal case is pending against him nor there is any allegation of any offence. Therefore the respondents deliberately violated the fundamental rights in restricting a persons from going abroad is an abuse of the process of law. Thus being the guardian of the Constitution this Court can condone all such restriction or preventing him to go abroad and re-entering. Therefore it requires interference by this Court. The supplementary Rule as has been issued that restriction as was created by the respondent No. 5 recorded a General dairy being ALT GD No.969 dated 19-2-2017 be withdrawn because the petitioner has the every right  to leave and re-entering to Bangladesh without any hindrance or disturbance.
4. On the other hand the learned Assistant Attorney General by filing affidavit in opposition on behalf of the respondent No.1 submits that although upon the request one of authorities of Bangladesh, the immigration authority prevented the petitioner from going abroad, but subsequently he was allowed to travel abroad. Further he submits that this practice is maintained out of co-ordination among different organization and agencies of the Government. But the petitioner was not prevented to leave the country and thus the petitioner traveled abroad later on. He further submits that if the petitioner is not reported to be an accused in any pending case and if there is no requisition from any competent authority there is no reasonable ground for imposing embargo but in this particular case there was no restriction upon the petitioner from going abroad and re-entering into Bangladesh. The learned Assistant Attorney General further submits that already there are some restriction/ obstructions as contained in data base preventing the petitioner from going abroad and re-entering on which supple-mentary Rule has been issued. In this context the learned Assistant Attorney General on behalf of the respondent No.1 submitted that there is no restriction or any hindrance in respect of the. petitioner in leaving and re-entering. Therefore the Rule is to be discharged.
5. Heard the learned Advocates, as it appears the petitioner though have valid Passport, ticket, visa but he was prevented from leaving Bangladesh by the immigration authority. Thereby, it has impounded the fundamental rights guaranteed under Article 36 of the Constitution. Further in absence of any custodial order passed by a competent Court of law, no request can be lawfully made to the immigration authorities to prevent citizen from leaving the country, if any such request is made or entertained by the immigration authorities, the same would have the effect of undermining the Rule of law and violating a citizen's constitutionally guaranteed Fundamental Rights. He has no criminal case nor any offence has been shown nor there is any record of offence committed by the petitioner, simply he. was traveling abroad. Therefore such restriction or embargo is illegal and unconstitutional if any request is made from any other authorities preventing a citizen going abroad without assigning any reason that would be violation of fundamental rights guaranteed by the constitution. For restricting a person from going abroad there must be specific allegation for which an order from acompetent Court is required but without any such restriction embargo upon the traveling the petitioner will be an abuse of the process of law. The petitioner is the citizen of this country, is entitled to leave, re-enter Bangladesh without any hindrance or disturbance and without any valid reason imposition of such restrictions is a violation of fundamental tights guaranteed under the constitution. Under such circumstances the respondents are directed to remove all restrictions/ obstructions as contained in the data base maintained by the respondents and allow the petitioner from freely leaving and reentering Bangladesh without any hindrance and obstruction.

Tariff
Add Rate

News Archive

Inside The New Nation

Editorial »

Attack on Iran`s elite guards


IRANIAN Supreme Leader Ayatollah Ali Khamenei accused US-backed Gulf Arab states of carrying out a shooting attack on a military parade that killed 25 people, almost half of them members of the country's elite Revolutionary Guards. Khamenei ordered security forces to bring to justice those responsible for one of the ...

Sports »

Bertens defeats Tomljanovic to secure Korea Open win


AFP, Seoul :Kiki Bertens defeated Australia's Ajla Tomljanovic in the Korea Open final on Sunday, securing her third WTA Tour singles title of the season to continue her career-best year.The second-seeded Bertens came back from break down in the deciding set to defeat the Australian in two hours and 22 ...

International »

World leaders gather at UN under threat from unilateralism


AP, United Nations :With rising unilateralism challenging its very existence, the United Nations convenes its annual meeting of world leaders Monday and will try once more to tackle problems together as a community of nations, addressing threats ranging from Mideast conflicts to the effects of global warming - and also ...

City »

National Professor Anisuzzaman seen among others at the cover unveiling ceremony of a book marking the 80th birthday of eminent writer Hasan Azizul Haq organised by Bangladesh Culture at Jatiya Press Club yesterday.


Entertainment »

Nazira Mou to debut in film with Indraneil


Sheikh Arif Bulbon :Viewers’ choice popular actress Nazira Mou has been acting in small screen for many days. She got many offers for acting in big screen. But she did not agree to act due to disliking stories and her roles in those works. When Mou got the proposal from ...

Editorial »

CPJ reveals weakness of journalists by appealing to President


THE Committee to Protect Journalists (CPJ) in a letter to the Bangladesh President has expressed deep concern about the Digital Security Act 2018, which was passed by the Parliament on September 18, and urged him to return it to Parliament for a review afresh.   If this legislation was allowed to ...

International »

Modi faces calls for resignation over French jet deal


Reuters, New delhi :Indian Prime Minister Narendra Modi faced calls for his resignation over allegations of corruption in a military jet deal with France after former French president Francois Hollande was quoted as saying New Delhi had influenced the choice of a local partner.Indian political parties have been gunning for ...

International »

US official in Russia probe suggested taping Trump: Report


Reuters, Washington: The US official who oversees the federal investigation into Russia's role in the 2016 U.S. election suggested secretly recording President Donald Trump last year and recruiting Cabinet members to invoke a constitutional amendment to remove him from the White House, the New York Times reported on Friday.Deputy Attorney ...

Football »

Tabarez renews with Uruguay until Qatar World Cup


AFP, Montevideo :Despite failing health the veteran coach Oscar Tabarez has signed a four-year contract extension to remain at the Uruguay helm until the end of the 2022 World Cup in Qatar, the South American country's football federation said on Friday.Tabarez, who suffers from a nerve disorder that forces him ...

City »

People of the Shia community brought out a Tazia procession in the city on the occasion of Holy Ashura. The snap was taken from Azimpur area on Friday.


Entertainment »

Rishi Kapoor, Juhi Chawla to reunite for a comedy The film will reunite Kapoor and Chawla 22 years after their last film 'Daraar'


Frequent collaborators Rishi Kapoor and Juhi Chawla will reunite for a family comedy produced by Sony Pictures International and MacGuffin Pictures, reported Variety.The untitled film will be co-written by Hitesh Bhatia and Supratik Sen (Parched, Kai Po Che!), and directed by Bhatia. The film will reunite Kapoor and Chawla 22 ...

Editorial »

Rohingya crisis: UN is helpless without active cooperation of int'l community


THE United Nations was established with a mission to stop brutality and promotion of human rights across the globe but at present is apparently helpless to stop the Myanmar military atrocity on Rohingya ethnic community. Though the Universal Declaration of Human Rights, International Covenant on Civil and Political Rights, the ...

Cricket »

India rout Pakistan by eight wickets in Asia Cup


AFP, Dubai :India crushed Pakistan by eight wickets in their long-awaited Asia Cup match which failed to live up to its hype in Dubai on Wednesday.Pace spearhead Bhuvneshwar Kumar (3-15) and part time off-spinner Kedar Jadhav (3-23) sent Pakistan, who won the toss and batted, collapsing to just 162 all ...

Football »

We aim to play SAFF U-16 Women's final: Choton


Bangladesh U-18 national women's football team head coach Golam Rabanni Choton said they aim to play the final of the SAFF U-18 Women's Championship which is scheduled to be held from September 28 to October 7 in Thimpu, Bhutan.He was speaking at a pre-departure press conference on Thursday at the ...

International »

US-North Korea relations making 'tremendous progress': Trump


President Donald Trump on Wednesday said US relations with North Korea are making "tremendous progress" from the days before his presidency when the two countries appeared close to "going to war."Trump said a recent letter from North Korean leader Kim Jong Un confirmed the positive track, which he said has ...

 
Items that you save may be read at any time on your computer, iPad, iPhone or Android devices.
 
Are you new to our website? Do you have already an account at our website?
Create An Account Log in here
Email this news to a friend or like someone
Email:
Write a comment to this news