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BD SC - C.A.6of17
BD SC - C.A.6of17
APPELLATE DIVISION
PRESENT:
Mr. Justice Surendra Kumar Sinha, Chief Justice
=Versus=
Advocate Asaduzzaman Siddiqui and
others: Respondents.
Date of hearing: 8th, 9th , 21st, 22nd, 23rd, 24th, 25th, 28th, 29th, 30th May, 2017
and 1st June, 2017.
J U D G M E N T
its inspiration.
one of the Justices, who for the first time took oath
document.
constitutional law.
Court.
judgment.
this verdict.
Nariman).
how far British rule had strayed from that ideal. The
policy, did not begin with the Civil War, or, for
not do that.
the Constitution:
18
separate countries.
Session, 179-180).
and closed the Supreme Court for two years. The new
decision.
1804, 12:162).
22
under:
but we cannot.
Attorney General)
was not touched by it, and thus very soon he saw his
1971.
Constitution (1888)).
Reconstruction).
Constitution, ibid)
127-34).)
(Ibid)
forum.(Ibid)
Legislative Assembly.
47
secure justice.
of fundamental rights.
145).
struggle.
freedom.
50
documents.
Bangladesh.
7, which runs:
inconsistency, be void.
martyrs in 1971.
Bangladesh, 34 DLR(AD)1).
above.
itself.
review.
nonetheless a despotism.
Judges.
1461).
agitated:
water;
basic structure
property.
property.
of the Constitution.
interpretation. He wrote: -
construction.
81
observed that:
constitution.
Court Division.
constitutional objective.
enterprise.
arguments.
If any person
abets or instigates
any act mentioned in
102
Preamble 1972 4th Amendment 5th Amendment 7th Amendment 8th Amendment 13th Amendment 14th Amendment 15th Amendment 16th
/Articles Amendment
7A clauses (1); or
(contd.) approves, condones,
supports or ratifies
such act,
his such act shall
also be the same
offence.
95 (1) The Chief Justice (1) The Chief Justice (1) The Chief
shall be appointed by and other judges shall Justice and other ...
the President, and the be appointed by the judges shall be (b) has, for not less
other Judges shall be President. appointed by the than ten years, held
appointed by the President. judicial office in the
President after (2) A person shall territory of
consultation with the not be qualified for (2) A person shall Bangladesh; or
Chief Justice. appointment as a not be qualified for
Judge unless he is a appointment as a (c) has such
(2) A person shall citizen of Bangladesh Judge unless he is a qualifications as may
not be qualified for and citizen of be prescribed by law
appointment as a (a) has, for not less Bangladesh and for appointment as a
Judge unless he is a than ten years, been (a) has, for not less judge of the Supreme
citizen of Bangladesh an advocate of the than ten years, been Court.
and Supreme Court; an advocate of the
105
Preamble 1972 4th Amendment 5th Amendment 7th Amendment 8th Amendment 13th Amendment 14th Amendment 15th Amendment 16th
/Articles Amendment
(a) has, for not less or Supreme Court; (3) In this article,
95 than ten years, been (b) has, for not less or Supreme Court
(contd.) an advocate of the than ten years, held (b) has, for not less includes a court
Supreme Court; judicial office or than ten years, held which at any time
or been an advocate, in judicial office in before the
(b) has, for not less the territory of the territory of commencement of
than ten years, held Bangladesh and has, Bangladesh; or this Constitution,
judicial office or been for not less than three exercised jurisdiction
an advocate, in the years, exercised the (c) has such other as a High Court in the
territory of powers of a district qualifications as territory of
Bangladesh and has, Judge. may be prescribed Bangladesh.
for not less than three by law for
years, exercised the (3) In this article appointment as a
powers of a district Supreme Court Judge of the
Judge. includes a court Supreme Court.
which at any time
(3) In this article before the (3) In this article,
Supreme Court commencement of Supreme Court
includes a court this Constitution includes a court
which at any time exercised jurisdiction which at any time
before the as a High Court in before the
commencement of the territory of commencement of
this Constitution Bangladesh. the Second
exercised jurisdiction Proclamation
as a High Court in the (Tenth
territory of Amendment)
Bangladesh. Order, 1977,
exercised
jurisdiction as a
High Court or
Supreme Court in
the territory now
106
Preamble 1972 4th Amendment 5th Amendment 7th Amendment 8th Amendment 13th Amendment 14th Amendment 15th Amendment 16th
/Articles Amendment
forming part of
Bangladesh.
96 (1) Subject to the (1) Subject to the (1) Subject to the (1) Subject to (1) Subject to the (1) Subject to the (1) Subject to
provisions of this provisions of this other provisions of the other other provisions other provisions of the other
article a Judge shall article a Judge shall this article, a Judge provisions of of this article, a this article, a Judge provisions of
hold office until he hold office until he shall hold office this article, a Judge shall hold shall hold office until this article,
attains the age of attains the age of until he attains the Judge shall office until he he attains the age of A Judge shall
sixty-two years. sixty-two years. age of sixty-two hold office attains the age of sixty-seven years. hold office
years. until he attains sixty-seven years. until he
(2) A Judge shall not (2) A Judge may be the age of (2) A Judge shall not attains the
be removed from his removed from his (2) A Judge shall sixty-five (2) ... be removed from his age of sixty-
office except by an office by order of the not be removed years. office except in seven years.
order of the President President on the from office except accordance with the
passed pursuant to a ground of in accordance with (2) ... following provisions (2) A Judge
resolution of misbehaviour or the following of this article. shall not be
Parliament supported incapacity: Provided provisions of this removed
by a majority of not that no judge shall be article. (3) There shall be a from his
less than two-thirds removed until he has Supreme Judicial office except
of the total number of been given a (3) There shall be a Council, in this by an order
members of reasonable Supreme Judicial article referred to as of the
Parliament, on the opportunity of Council, in his the council, which President
ground of proved showing cause article referred to as shall consist of the passed
misbehaviour or against the action the council, which Chief Justice of pursuant to a
incapacity. proposed to be taken shall consist of the Bangladesh, and the resolution of
in regard to him. Chief Justice of two next senior Parliament
(3) Parliament may Bangladesh, and Judges: supported by
by law regulate the (3) Omitted the two next senior Provided that if, at a majority of
procedure in relation Judges: Provided any time, the Council not less than
to a resolution under (4) A Judge may that if, at any time, is inquiring into the two-thirds of
clause (2) and for resign his office by the Council is capacity or conduct the total
investigation and writing under his inquiring into the of a Judge who is a number of
107
Preamble 1972 4th Amendment 5th Amendment 7th Amendment 8th Amendment 13th Amendment 14th Amendment 15th Amendment 16th
/Articles Amendment
proof of the hand addressed to the capacity or conduct member of the members of
96 misbehaviour or President. of a judge who is a Council, or a member Parliament,
(contd.) incapacity of a Judge. member of the of the Council is on the ground
(4) A Judge may Council, or a absent or is unable to of proved
resign his office by member of the act due to illness or misbehaviour
writing under his Council is absent or other cause, the Judge or incapacity.
hand addressed to the is unable to act due who is next in
President. to illness or other seniority to those (3)
cause, the Judge who are members of Parliament
who is next in the Council shall act may by law
seniority to those as such member. regulate the
who are members procedure in
of the Council shall (4) The Function of relation to a
act as such the Council shall be resolution
member. (a) to prescribe a under clause
(4) The functions of Code of Conduct to (2) and for
the Council shall be be observed by the investigation
Judges; and and proof of
(a) to prescribe a (b) to inquire into the the
Code of Conduct to capacity or conduct misbehaviour
be observed by the of a Judge or of any or incapacity
Judges; and other functionary of a Judge.
(b) to inquire into who is not removable
the capacity or from office except in (4) A Judge
conduct of a Judge like manner as a may resign
or of any other Judge. his office by
functionary who is writing under
not removable (5) Where, upon any his hand
from office except information received addressed to
in like manner as a from the Council or the President.
Judge. from any other
source, the President
108
Preamble 1972 4th Amendment 5th Amendment 7th Amendment 8th Amendment 13th Amendment 14th Amendment 15th Amendment 16th
/Articles Amendment
(5) Where, upon has reason to
96 any information apprehend that a
(contd.) received from the Judge
Council or from (a) may have ceased
any other source, to be capable of
the President has properly performing
reason to apprehend the functions of his
that a Judge office by reason of
(a) may have physical or mental
ceased to be incapacity, or
capable of properly (b) may have been
performing the guilty of gross
functions of his misconduct, the
office by reason of President may direct
physical or mental the Council to inquire
incapacity, or into the matter and
(b) may have been report its finding.
guilty of gross (6) If, after making
misconduct, the the inquiry, the
President may Council reports to the
direct the Council President that in its
to inquire into the opinion the judge has
matter and report ceased to be capable
its finding. of properly
performing the
(6) If, after making functions of his office
the inquiry, the or has been guilty of
Council reports to gross misconduct, the
the President that in President shall, by
its opinion the order, remove the
Judge has ceased to Judge from office.
be capable of
109
Preamble 1972 4th Amendment 5th Amendment 7th Amendment 8th Amendment 13th Amendment 14th Amendment 15th Amendment 16th
/Articles Amendment
properly (7) For the purpose of
96 performing the an inquiry under this
(contd.) functions of his article, the Council
office or has been shall regulate its
guilty of gross procedure and shall
misconduct, the have, in respect of
President shall, by issue and execution
order, remove the of processes, the
Judge from office. same power as the
Supreme Court.
(7) For the
purposes of an (8) A Judge may
inquiry under this resign his office by
article, the Council writing under his
shall regulate its hand addressed to the
procedure and shall President.
have, in respect of
issue and execution
of processes, the
same power as the
Supreme Court.
99 A person who has (1) Except as (1) Except as (1) A person who has
held office as a Judge provided in clause provided in held office as a Judge
(otherwise than as an (2), a person who clause (2), a (otherwise than as an
Additional Judge has held office as a person who has Additional Judge
pursuant to the Judge otherwise held office as a pursuant to the
provisions of article than as an Judge otherwise provisions of article
98) shall not after his Additional Judge than as an 98), shall not, after
retirement or removal shall not, after his Additional Judge his retirement or
therefrom plead or retirement or shall not, after his removal therefrom,
act before any court removal therefrom, retirement or plead or act before
or authority, or be plead or act before removal any court or authority
eligible for any any court or therefrom, plead or hold any office of
appointment in the authority or hold or act before any profit in the service
service of the any office of profit court or authority of the Republic not
Republic. in the service of the or hold any office being a judicial or
Republic not being of profit in the quasi-judicial office.
a judicial or quasi- service of the
112
Preamble 1972 4th Amendment 5th Amendment 7th Amendment 8th Amendment 13th Amendment 14th Amendment 15th Amendment 16th
/Articles Amendment
judicial office. Republic not (2) Notwithstanding
99 being a judicial anything contained in
(contd.) (2) A persons who or quasi-judicial clause (1), a person
has held office as a office or of the who has held office
Judge of the High Office of Chief as a Judge of the
Court Division Adviser or High Court Division
may, after his Adviser. may, after his
retirement or retirement or removal
removal therefrom, (2) A persons therefrom, plead or
plead or act before who has held act before the
the Appellate office as a Judge Appellate Division.
Division. of the High Court
Division may,
after his
retirement or
removal
therefrom, plead
or act before the
Appellate
Division.
100 The permanent seat (1) Subject to this The permanent seat
of the Supreme Court article, the of the Supreme Court
shall be in the capital, permanent seat of shall be in the capital,
but sessions of the the Supreme but sessions of the
High Court Division Court shall be in High Court Division
may be held at such the capital. may be held at such
other place or places other place or places
as the Chief Justice (2) The High as the Chief Justice
may, with the Court Division may, with the
approval of the and the Judges approval of the
President, from time thereof shall sit at President from time
113
Preamble 1972 4th Amendment 5th Amendment 7th Amendment 8th Amendment 13th Amendment 14th Amendment 15th Amendment 16th
/Articles Amendment
to time appoint. the permanent to time appoint.
100 seat of the
(contd.) Supreme
Court and at the
seats of its
permanent
Benches.
101 The High Court The High Court The High Court
Division shall have Division shall have Division shall have
such original, such original, such original,
appellate and other appellate and other appellate and other
jurisdictions and jurisdictions, jurisdictions and
powers as are powers and powers as are
conferred on it by this functions as are or conferred on it by this
Constitution or any may be conferred Constitution or any
other law. on it by this other law.
Constitution or any
other law.
116
Preamble 1972 4th Amendment 5th Amendment 7th Amendment 8th Amendment 13th Amendment 14th Amendment 15th Amendment 16th
/Articles Amendment
102 (1) The High Court (1) The High Court (1) The High Court (1) The High Court
Division, on the Division may, if Division on the Division, on the
application of any satisfied that no other application of any application of any
person aggrieved, equally efficacious person aggrieved, person aggrieved,
may give such remedy is provided may give such may give such
directions or orders to by law - directions or orders directions or orders to
any person or (a) on the application to any person or any person or
authority, including of any person authority, including authority, including
any person aggrieved, make an any person any person
performing any order performing any performing any
function in (i) directing a person function in function in
connection with the performing any connection with the connection with the
affairs of the functions in affairs of the affairs of the
Republic, as may be connection Republic, as may Republic, as may be
appropriate for the with the affairs of the be appropriate for appropriate for the
enforcement of any Republic or of a local the enforcement of enforcement of any
of the fundamental authority, to refrain any of the ofthe fundamental
rights conferred by from doing that fundamental rights rights conferred by
Part III of this which he is not conferred by Part Part III of this
Constitution. permitted by law to III of this Constitution.
do or to do that Constitution. (2) The High Court
(2) The High Court which he is required (2) The High Court Division may, if
Division may, if by law to do; or Division may, if satisfied that no other
satisfied that no other (ii) declaring that any satisfied that no equally efficacious
equally efficacious act done or other equally remedy is provided
remedy is provided proceeding taken by efficacious remedy by law
by law a person performing is provided by law (a) on the application
(a) on the application functions in of any person
of any person connection with the (a) on the aggrieved, make an
aggrieved, make an affairs of the application of any order
order Republic or of a local person aggrieved, (i) directing a person
(i) directing a person authority has been make an order performing any
117
Preamble 1972 4th Amendment 5th Amendment 7th Amendment 8th Amendment 13th Amendment 14th Amendment 15th Amendment 16th
/Articles Amendment
performing any done or taken without (i) directing a functions in
102 functions in lawful authority, and person performing connection with the
(contd.) connection with the is of no legal effect; any functions in affairs of the
affairs of the or connection with the Republic or of a local
Republic or of a local (b) on the affairs of the authority, to refrain
authority, to refrain application of any Republic or of a from doing that
from doing that person, make an local authority to which he is not
which he is not order refrain from doing permitted by law to
permitted by law to (i) directing that a that which he is not do or to do that which
do or to do that which person in custody be permitted by law to he is required by law
he is required by law brought before it so do or to do that to do; or
to do; or that it may satisfy which he is (ii) declaring that any
(ii) declaring that any itself that he is not required by law to act done or
act done or being held in custody do; or proceeding taken by a
proceeding taken by a without lawful (ii) declaring that person performing
person performing authority or in an any act done or functions in
functions in unlawful manner; or proceeding taken connection with the
connection with the (ii) requiring a person by a person affairs of the
affairs of the holding or purporting performing Republic or of a local
Republic or of a local to hold a public functions in authority, has been
authority has been office to show under connection with the done or taken without
done or taken without what authority he affairs of the lawful authority and
lawful authority, and claims to hold that Republic or of a is of no legal effect;
is of no legal effect; office. local authority has or
or (2) Notwithstanding been done or taken (b) on the application
(b) on the application anything contained in without lawful of any person, make
of any person, make clause (1), the High authority and is of an order
an order Court Division shall no legal effect; or (i) directing that a
(i) directing that a have no power under (b) on the person in custody be
person in custody be this article to make application of any brought before it so
brought before it so an interim order or to person, make an that it may satisfy
that it may satisfy pass any order in order itself that he is not
118
Preamble 1972 4th Amendment 5th Amendment 7th Amendment 8th Amendment 13th Amendment 14th Amendment 15th Amendment 16th
/Articles Amendment
itself that he is not relation to any law to (i) directing that a being held in custody
102 being held in custody which article 47 person in custody without lawful
(contd.) without lawful applies. be brought before it authority or in a
authority or in an so that it may unlawful manner; or
unlawful manner; or (3) In this article, satisfy itself that he (ii) requiring a person
(ii) requiring a person unless the context is not being held in holding or purporting
holding or purporting otherwise requires, custody without to hold a public office
to hold a public office person includes a lawful authority or to show under what
to show under what statutory public in an unlawful authority he claims to
authority he claims to authority and any manner; or hold that office.
hold that office. court or tribunal, (3) Notwithstanding
other than a court or (ii) requiring a anything contained in
(3) Notwithstanding tribunal established person holding or the forgoing clauses,
anything contained in under a law relating purporting to hold a the High Court
the forgoing clauses to the defence public office to Division shall have
the High Court services of show under what no power under this
Division shall have Bangladesh or any authority he claims article to pass any
no power under this disciplined force or a to hold that office. interim or other order
article to pass any tribunal to which in relation to any law
order in relation to article 117 applies. (3) to which article 47
any law to which Notwithstanding applies.
article 47 applies. anything contained (4) Whereon an
in the forgoing application made
(4) Whereon an clauses, the High under clause (1) or
application made Court Division sub-clause (a) of
under clause (1) or shall have no power clause (2), an interim
sub-clause (a) of under this article to order is prayed for
clause (2), an interim pass any interim or and such interim
order is prayed for other order in order is likely to have
and such interim relation to any law the effect of
order is likely to have to which article 47 (a) prejudicing or
the effect of applies. interfering with any
119
Preamble 1972 4th Amendment 5th Amendment 7th Amendment 8th Amendment 13th Amendment 14th Amendment 15th Amendment 16th
/Articles Amendment
(a) prejudicing or measure designed to
102 interfering with any (4) Whereon an implement any
(contd.) measure designed to application socialist programme,
implement any made under clause or any development
socialist programme, (1) or sub-clause work; or
or any development (a) of clause (2), an (b) being otherwise
work; or interim order is harmful to the public
(b) being otherwise prayed for and such interest, the High
harmful to the public interim order is Court Division shall
interest, the High likely to have the not make an interim
Court Division shall effect of order unless the
not make an interim (a) prejudicing or Attorney-General has
order unless the interfering with any been given
Attorney-General has measure designed reasonable notice of
been given to implement any the application and he
reasonable notice of development (or an advocate
the application and he programme, or any authorised by him in
(or an advocate development work; that behalf) has been
authorised by him in or given an opportunity
that behalf) has been (b) being otherwise of being heard, and
given an opportunity harmful to the the High Court
of being heard, and public interest, the Division is satisfied
the High Court High Court that the interim order
Division is satisfied Division shall not would not have the
that the interim order make an interim effect referred to in
would not have the order unless the sub-clause (a) or sub-
effect referred to in Attorney General clause (b).
sub-clause (a) or sub- has been given (5) In this article,
clause (b). reasonable notice of unless the context
the otherwise requires,
(5) In this article, application and he person includes a
unless the context (or an advocate statutory public
120
Preamble 1972 4th Amendment 5th Amendment 7th Amendment 8th Amendment 13th Amendment 14th Amendment 15th Amendment 16th
/Articles Amendment
otherwise requires, authorised by him authority and any
102 Person includes a in that behalf) has court or tribunal,
(contd.) statutory public been given an other than a court or
authority and any opportunity of tribunal established
court or tribunal, being heard, and under a law relating
other than a court or the High Court to the defence
tribunal established Division is satisfied services of
under a law relating that the interim Bangladesh or any
to the defence order would not disciplined force or a
services of have the effect tribunal to which
Bangladesh or a referred to in sub- article 117 applies.
tribunal to which clause(a) or sub-
article 117 applies. clause (b).
(5) In this article,
unless the context
otherwise requires,
Person includes a
statutory public
authority and any
court or tribunal,
other than a court
or tribunal
established under a
law relating to the
defence services of
Bangladesh or any
disciplined force or
a tribunal to which
article 117 applies.
121
Preamble 1972 4th Amendment 5th Amendment 7th Amendment 8th Amendment 13th Amendment 14th Amendment 15th Amendment 16th
/Articles Amendment
107 (1) Subject to any law (1) Subject to any ... (1) Subject to any law
made by Parliament law made by made by Parliament
the Supreme Court Parliament the (3) Subject to any the Supreme Court
may, with the Supreme Court rules made under may, with the
approval of the may, with the this article the approval of the
President, make rules approval of the Chief Justice President, make rules
for regulating the President, make shall determine for regulating the
practice and rules for regulating which judges are practice and
procedure of each the practice and to constitute any procedure of each
division of the procedure of each Bench of a division of the
Supreme Court and division of the division of the Supreme Court and
of any court Supreme Court and Supreme Court or of any court
subordinate to it. of any court any Bench of a subordinate to it.
subordinate to it. permanent Bench
(2) The Supreme of the High Court (2) The Supreme
Court may delegate (2) The Supreme Division referred Court may delegate
any of its functions Court may delegate to in clause (3) of any of its functions
under clause (1) and any of its functions article 100 and under clause (1) and
article 113, 115 and under clause (1) which judges are article 113 and 116 to
116 to a division of and article 113 to a to sit for any a division of that
that Court or to one division of that purpose. Court or to one or
or more judges. Court or to one or more judges.
more judges. (3) Subject to any
(3) Subject to any rules made under this
rules made under this (3) Subject to any article the Chief
article the Chief rules made under Justice shall
Justice shall this article the determine which
determine which Chief Justice shall judges are to
judges are to determine which constitute any Bench
constitute any Bench judges are to of a division of the
of a division of the constitute any Supreme Court and
Supreme Court and Bench of a division which judges are to
122
Preamble 1972 4th Amendment 5th Amendment 7th Amendment 8th Amendment 13th Amendment 14th Amendment 15th Amendment 16th
/Articles Amendment
which judges are to of the Supreme sit for any purpose.
107 sit for any purpose. Court and which
(contd.) judges are to sit for (4) The Chief Justice
(4) The Chief Justice any purpose. may authorise the
may authorise the next most senior
next most senior (4) The Chief judge of either
judge of either Justice may division of the
division of the authorise the next Supreme Court to
Supreme Court to most senior Judge exercise in that
exercise in that of either division of division any of the
division any of the the Supreme Court powers conferred by
powers conferred by to exercise in that clause (3) or by rules
clause (3) or by rules division any of the made under this
made under this powers conferred article.
article. by clause (3) or by
rules made under
this article.
115 (1) Appointments of Appointments of
persons to offices in persons to offices in
the judicial service or the judicial service or
as magistrates as magistrates
exercising judicial exercising judicial
functions shall be functions shall be
made by the made by the
President President in
(a) in the case of accordance with rules
district judges, on the made by him in that
recommendation of behalf.
the Supreme Court;
and (This article is still
(b) in the case of any in force)
other person, in
123
Preamble 1972 4th Amendment 5th Amendment 7th Amendment 8th Amendment 13th Amendment 14th Amendment 15th Amendment 16th
/Articles Amendment
accordance with rules
115 made by the
(contd.) President in that
behalf after
consulting the
appropriate public
service commission
and the Supreme
Court.
(2) A person shall not
be eligible for
appointment as a
district judge unless
he
(a) is at the time of
his appointment in
the service of the
Republic and has, for
not less than seven
years, held judicial
office in that service;
or
(b) has for not less
than ten years been
an advocate.
Note: No changes were made to Articles 94, 97, 103-106, 108 and 110-112. Changes made to Articles 109 and 113-114 are not relevant for this discussion.
Mr. Mahbubey Alam, and Mr. Murad Reza submitted
these issues.
retained.
hiN HMe pfZ dez de hQl hiNl Efl Le dlel qrf Ll kh ez kcJ 27n
Hfm hno LjVl p ~hWL no Icb hLm NZihe ae k pwhc pjme Lle, pMe
authentic one.
65, 66, 72, 80, 82, 88, 93, 118, 122, 123, 125, 139,
Amendment.
of removal.
that this court saved clauses (2), (3), (4), (5), (6)
mentioned
thus:
Bangalees.
following terms:
-
143
nationalisation or requisition
adequate.
substituted, namely: -
original constitution.
above.
Court condoned:
Resolution of 1954.
Amendment.
well as in Bangladesh.
in the constitution.
tribunal.
judicial history.
macaroni.
either house.
(Ibid)
trial.
255).
163
council).
and Vanuatu.
opinion as under:
respective jurisdictions.
law, for tho a man can tell the law, yet if he knows
manner:
Constitution P.58-59).
of Parliament.(Ibid P.201-202)
required.
subsequently lapsed.
(CJAR).
regard to impeachment.
and point to much more than the acts of just one man.
grounds of corruption.
imprisonment.
Judge in 2008.
185
provides as under:
January 2015.
bodies.
country as under:
1998: 52).
195
1999: 5).
196
following guideline:
is a categorical imperative.
candidate.
this nature.
prescribed.
200
The country again fell into the hands of the guns and
58D, 58E were inserted and articles 61, 99, 123, 147,
participate.
impartially.
sensational.
behalf is required.
following members:
209
matters:
(SBP);
Director General.
210
void.
void.
declared to be operative.
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mvji 15 AvM nBZ 1979 mvji 9 Gwcj ZvwiL ch mgqi ga RvixKZ Aav`k mg~n
216
hnZy wmwfj wcwUkb di jxf Uz Avcxj bs 1044-1045/2009 G mycxgKvUi Avcxj wefvM KZK
c` ivq msweavb (cg mskvab) AvBb, 1979 (1979 mbi 1bs AvBb) evwZj NvwlZ nIqvq
D mgqi ga RvixKZ D D Aav`kmg~n KvhKvwiZv nvivBqvQ; Ges
-----------------------------------------------------------------------------------------------
1| msw wkivbvg I ceZb - (1) GB AvBb 1975 mvji 15 AvM nBZ 1979 mvji 9
Gwcj ZvwiL ch mgqi ga RvixKZ KwZcq Aav`k KvhKiKiY (wekl weavb) AvBb, 2013
bvg AwfwnZ nBe|
-----------------------------------------------------------------------------------------------
4| KwZcq Aav`ki KvhKvwiZv c`vb| - 1975 mvji 15 AvM nBZ 1979 mvji 9 Gwcj
ZvwiL ch (Dfq w`bmn) mgqi ga RvixKZ -
(K) Zdwmjfy Aav`kmg~n, Ges
(L) Abvb Aav`kmg~n viv cPwjZ Kvb AvBb, Av`k ev Aav`k mskvab Kiv nBqv
_vwKj D mskvabx Aav`kmg~n (amending Ordinances),
Ggbfve KvhKi _vwKe hb Dnv GB AvBbi Dk c~iYK, RvZxq msm` KZK cYxZ Kvb
AvBb t
Ze kZ _vK h, GB avivi Aaxb 1975 mvji 15 AvM nBZ 1979 mvji 9 Gwcj
ZvwiL ch mgqi ga RvixKZ KwZcq Aav`k KvhKiY Kiv nBjI hZUzKz Dnv`i welqei
(contents) mwnZ mswk aygv ZZUzKz MnY Kiv nBqvQ gg MY nBe Ges D mgqKvj
Aea I AmvsweavwbKfve ivgZvq Avmxb mvgwiK kvmb Avgji KZ Kgi Abygv`b I mg_b
(confirmation and ratification) Kiv nBqvQ ewjqv KvbgB weewPZ nBe bv|
---------------------------------------------------------------------------------------------
under:
1982 mvji 24 gvP nBZ 1986 mvji 11 bf^i ZvwiL ch mgqi ga RvixKZ KwZcq
Aav`k KvhKi Kwievi j cYxZ AvBb
hnZz msweavb (c`k mskvab) AvBb, 2011 (2011 mbi 14 bs AvBb) viv 1982
mvji 24 gvP nBZ 1986 mvji 11 bf^i ZvwiL ch mgqi ga RvixKZ Aav`kmg~n
Abygv`b I mg_b (ratification and confirmation) msv MYcRvZx evsjv`ki
msweavbi PZz_ Zdwmji 19 AbyQ` wejy nIqvq D Aav`kmg~n KvhKvwiZv nvivBqvQ; Ges
hnZz wmwfj Avcxj bs 48/2011 G mycxgKvUi Avcxj wefvM KZK c` ivq msweavb
(mg mskvab) AvBb, 1986 (1986 mbi 1bs AvBb) Gi aviv 3 Ges evsjv`ki msweavbi
PZz_ Zdwmj 19 AbyQ` evwZj NvwlZ nIqvq D mgqi ga RvixKZ D Aav`kmg~n
KvhKvwiZv nvivBqvQ; Ges
hnZz msweavbi 93(2) AbyQ`i wb`kbv c~iYK, beg RvZxq msm`i 16Zg
Awaekbi 27 Rvbyqvwi 2013 ZvwiL AbywZ c_g eVK 2013 mvji 2bs Aav`k DcvwcZ
nBqvQ Ges Dnvi cieZx 30 w`b AwZevwnZ nBj Aav`kwUi KvhKiZv jvc cvBe; Ges
hnZz `xNmgq c~e RvixKZ Aav`kmg~n hvPvB-evQvBc~eK evsjvq b~Zbfve AvBb cYqb
Kiv mgq mvc; Ges
-----------------------------------------------------------------------------------------------
4| KwZcq Aav`ki KvhKvwiZv c`vb| - 1982 mvji 24 gvP nBZ 1986 mvji 11 bf^i
ZvwiL ch (Dfq w`bmn) mgqi ga RvixKZ
(K) Zdwmjfy Aav`kmg~n, Ges
(L) Abvb Aav`kmg~n viv cPwjZ Kvb AvBb, Av`k ev Aav`k mskvab Kiv nBqv
_vwKj D mskvabx Aav`kmg~n (amending Ordinances),
Ggbfve KvhKi _vwKe hb Dnv GB AvBbi Dk c~iYK, RvZxq msm` KZK cYxZ Kvb
AvBb t
Ze kZ _vK h, GB avivi Aaxb 1982 mvji 24 gvP nBZ 1986 mvji 11 bf^i
ZvwiL ch mgqi ga RvixKZ KwZcq Aav`k KvhKiKiY Kiv nBjI hZUzKz Dnv`i
welqei (contents) mwnZ mswk aygv ZZUzKz MnY Kiv nBqvQ gg MY nBe Ges D
mgqKvj Aea I AmvsweavwbKfve ivgZvq Avmxb mvgwiK kvmb Avgji KZKgi Abygv`b
I mg_b (confirmation and ratification) Kiv nBqvQ ewjqv KvbgB weewPZ nBe bv|
----------------------------------------------------------------------------------------------
Vol-XI)
efficiency.
(emphasis supplied)
the people.
conscience.
hold that power in trust for the people and for the
tasks.
law.
elected governments.
responsibility.
judges.
to appeal. It is stated:
constitutional importance.
decisions.
of judges,
and accountable.
judiciary. (Ibid)
kind whatsoever.
Address:
260
circumstances.
Gerangelos)
powers.
persons. (Ibid)
legislature.
governments business.
constitution.
Parliament.
of removal of Judges.
Parliament,
reads thus:
Parliament.
279
separation of powers.
of the Judiciary.
Ginsburg-p.218-219)
Judges.
constitution.
being.
sacrifice.
constitutionalcourt.org.za/uhtbin/hyperion-image/S-
CCT98-08)
sub-continent.
of the government.
judiciary.
functions.
Commonwealth country.
discrimination;
independence sought;
independence.
office.
rarely, if ever, used; and its use other than for the
following:
guarantees:
charges.
guarantees.
accountability.
itself.
320
independence of judiciary.
dependent judiciary.
Court.
acts.
be done.
policy.
interpreted.
Pvt. Ltd.)
to system. (Ibid)
pledged.
decide otherwise.
Masder Hossain.
constitution.
Amendment articles 95, 96, 98, 102, 109, 115 and 116
curtailed.
Executive.
constitution.
Legislature.
SC 962).
malice in law.
ordinary legislation.
for clauses (2), (3), (4), (5), (6), (7) and (8), the
observed:
or validity.
been passed.
country as well.
their functions.
Code of Conduct
adversarial system.
a material witness.
substantially.
office.
388
person.
abroad.
Justice.
avoided.
389
work.
determination.
reasonable observer.
of the judiciary.
Judges activities.
and willingly.
case.
office.
392
judicial duties.
the Judge.
conduct.
misconduct.
vast learning.
C.J.
Court Division.
Chief Justice.
Sixteenth Amendment?
the Constitution.
ultra vires.
rejected outright.
Assembly.
2014, did not also seek any mandate from the people
following terms:
as under:
jurisprudence.
following statement:
the effect:
reads as under:
was formed on 21st July, 2010 and upto 5th June, the
Constitution.
4z | | |
5z | | |
6z | | |
7z | | |
8z | | |
9z | | |
10z | | |
11z | | |
12z | | |
13z | | |
14z | | |
15z | | |
16z | | |
17z | | |
18z | | |
19z | | |
20z | | |
21z | | |
22z | | |
23z jeeu fLl,
LjV 27-06-2011 J 28-06-2011 Mx alM ~hWL jma qu hmV
flr Llz ~~hWL Efqa bL LjVl k pLm jeeu pcpNZ hmV flru
puih AwnNqZ Ll Ahce lMRe ayl qme phSeh jx Ljlm Cpmj,
175 YL-2, jx gSm l ju, 33 NCh-5, BSqS HXiLV jx
lqja Bm, 196 NSfl-3, Bm jae Mpl, 253 Lj-5, Me Vf pmae,
89 knl-5, HXx jx SuEm qL jd, 244 hrZhsu-2, elm Cpmj pSe,
2 fNs-2, nM gSm el afp, 185 YL-12z aRs LjVl hno BjZ
BCe, hQl J pwpc houL jZmul jeeu j hlVl ngL Bqjc ~hWL
Efqa Rmez
25z jeeu fLl,
~hWL Efqa bL LjVl lfV fZue pqua Lll Se BCe, hQl
J pwpc houL jZmul jeeu j Hhw BCe, hQl J pwpc houL jZmu
pfLa qu LjVl jeeu pcphcL Bj BlL dehc fe LlRz
456
aRs BCe, hQl J pwpc houL jZmu Hhw Sau pwpc pQhmul k pLm
LjLa/LjQl hmV flrl LS LjVL pqua fce LlRe, H LjVl
fr bL Bj ayclLJ SeC BlL dehcz
23z jeeu fLl,
LjV pwhde (fcn pwnde) hm, 2011/The
Constitution (Fifteenth Amendment) Bill, 2011
LjV LaL pwnda BLl pwpc fp Lll Se phpfaL pfln
LlRz
The Speech of Barrister Shafique Ahmed:
hlVl ngL Bqjc (BCe, hQl J pwpc houL j)x jeeu fLl,
jeeu pwpc-pcp k hh lM Nme, ae eQu im kee k, pjlL
glje l pwhdel Lam hde flhae Ll quRmz hno Ll kmL
Bjl hm pwhde Hhw lVl jmL ' Hm flhae LlRm Hhw 5j
pwndel jdj a valid Ll quRmz kVL Bjl hm
ratification| jeeu pwpc-pcp eQu im kee k, Bjcl phQ
Bcma pfj LV HC fj pwnde BCe ham Ll cuRz ham LlR HC
hm k, pjlL glje cu pwhde flhae Lll Le rja eC Hhw pjlL
glje cu k pwhde flhae Ll quR, pV pwpclJ pWL hm Le BCe
fp Lll rja eCz'
jeeu fLl, jnm-m p HLV Lb BRz mX JumwVeL HLhl
fmjV Sp Ll quRm, What is Martial Law? Ayl Shh
Rm, Martial-law is what the commander-in-
chief of the army does and think in respect
of an occupied land and it is nothing more
nothing less and it is no law at all. Abv kC
BCeV LMe BCe eu, p BCe cu pwhdel AeL AeRc flhae Ll
quR'z LSC, HLV fra qm, fj pwnde BCe ham qu kJu pC
pj hdehm Bhl pwhde Be kh ez pC mrC Bfe See, 21-07-
2010 Cw alM Bjcl pwpc-ea pwhdeL pwnde Lll Se pwpc HLV
hno LjV NWe Llez HC LjV Aa BlLal pb Hhw HC houVL
Aa la cu HNl jp LS Ll 27V jVw LlRez pC jVwul pju
LjVa faV lS~eaL cmL BjZ SeuRe Hhw AeLC Hp aycl
jaja cuRez Bjcl cnl kyl fbakn BCeSh, fe fde hQlfa,
457
hQlfa, kyl Cajd Ahpl NRe ayclL BjZ SeuRe Hhw ayl
aycl jaja cuRez hno Ll Bjcl kyl peul BCeSh Hhw HC
pwhde fZuel pb pwk Rme, ayclLJ XL aycl jaja euRz
HRs pwhcfl pfcL, (intellectuals) hShNZ kyl BRe, ayclLJ
XL phl pQa jaja eu Se jpl 8 alM HC hno LjV pwpc
lfV Efe Llez pC lfVl Efl i Ll hm BLl BCe; hQl J
pwpc houL jZmu pfLa qu LjVa flZ Ll quz qu LjV Bl
fMefMih flr Ll H hmV pfL lfV cuR, kV Bj BSL
hhQel Se Efe Llmjz
jeeu fLl, LSC jeeu pwpc-pcp HV kQC hRC Lll Se k
fh cuRe, pV iqe, AjmL Hhw HVl Le fuSe eCz HV NqZ Lll
Le kpwNa LlZJ eCz
the Constitution.
of the Supreme Court, are they too big, too great and
Minister?
Judge(s).
rightly said:
Attorney General.
minute.
by impeaching them.
destroyed.
commission.
Constitution.
Apjbl AikN AfplZl rja Sau pwpcl flha pfj SXpum LEpm Hl eLV
e Ll qu; Hhw
kqa pjlL glje l pda pwhdel E pwnde AeRc 7 Hl Qael flf;
Hhw
kqa SeNZl ehQa faedcl l NWa pwpc lVl Aee Al eu EQ
Bcmal hQlLcl Shhcqal ea hnl AdLwn NZaL lV hcje lquR; Hhw
kqa pwhde pwndej pwpc Sefaedcl eLV pfj LVl Le hQlLL
ApcQlZ h Apjbl AikN AfplZl rja fehqm Ll pwhdel pjNL Qae J
LWjl pqa pjpfZ; Hhw
kqa 1972 pel pwhdel AeRc 96 fexfhael mr pwhde AdLa pwnde
pjQe J fuSeu;
pqa Hacl ejlf BCe Ll qCmx-
1z pwr nlejz- HC BCe pwhde (osn pwnde) BCe, 2014 ej Aiqa
qChz
2z pwhdel AeRc 96 Hl faqfez- NZfSa hwmcnl pwhdel AeRc 96
Hl faha ejlf AeRc 96 faqfa qCh, kbx-
""96z hQlLcl fcl jucz- (1) HC AeRcl hdehm-pfr Le hQlL
pao hvpl hup fZ qJu fk u fc hqm bLhez
(2) fjZa ApclZ h Apjbl LlZ pwpcl jV pcp-pwMl Aee cC-aauwn
NlWal l pjba pwpcl fhj fc lVfal Bcn haa Le hQlLL Afpla
Ll kCh ez
(3) HC AeRcl (2) cgl Ade fh pwfLa fa Hhw Le hQlLl ApcQlZ h
Apjb pfL ac J fjZl fa pwpc BCel l eue Llhez
(4) Le hQlL lVfaL En Llu rlk fkN u fc aN Lla
flhez''
A mere look at the bill of Sixteenth Amendment
effect:
to impeach him.
discussed earlier.
at page 123).
said:
the people.
Court held:
J.
523
J.
Bangladesh.
as amici curiae.
decision separately.
SEPARATION OF POWERS:
Constitution.
our Constitution.
following terms:
has held:
Westminister model.
530
under:
531
Montesquieu as under:
PARLIAMENTARY SOVEREIGNTY:
constitution) or by precedent.
observed that-
Court.
Inquiry Committee.
Security of Tenure:
quoted as follows:
Parliament.
disciplinary procedures.
544
restored.
Division).
foundation stones.
under:
Division.
pressure.
power of impeachment.
composed of judges.
IMPEACHMENT IN INDIA:
IMPEACHMENT IN SRI-LANKA:
next day.
IMPEACHMENT IN MALAYSIA:
judges.
impartiality.
J.
Parliamentary sovereignty
Context of Bangladesh
judicial review."
the Constitution.
Power of amendment
Provided that
of the Constitution;
means-
568
article;
or
sedition.
clause (1); or
offence.
existing laws.
other means.
Constitution.........
future.
Constitution.
follows:
ah na bL k,
NZ qChz''
"evsjv`k AvIqvgxjxM c_g _KB mvgwiK kvmK`i Aea msweavb mskvabxi weivwaZv
KiQ| 72Gi msweavb wdi hvIqvi evcvi AvIqvgxjxM wQj cwZkwZe| 2010 mvj
msweavbi c`k mskvabx wej msm` Dvcb Kiv nq| 21 RyjvB 2010 RvZxq msm`i
mKj `ji m`m mg^q 15 m`m wewk GKwU msweavb mskvabx msm`xq KwgwU MwVZ
nq| `xN cvq GK eQi msm`xq KwgwU `ki cwZwZ cvq mKj ivRbwZK `j, msweavb
wekl, AvBbRxex, eywRxex, mvsevw`K, ckvRxex, mykxj mgvRi wewfb msMVb Ges
ew wjwLZfveI Zv`i gZvgZ Rvbvq| msm`xq KwgwUi 27wU mfvq Gme wbq wevwiZ
AvjvPbv nq| 30 Ryb 2011 RvZxq msm` c`k msweavb mskvabx wej cvm nq| G
point in time.
more sacrosanct.
observations:
President.
article 142.
584
as follows:
586
Council.
possible.
live issue and articles 115 and 116 are not in issue,
588
same here.
deliberation.
589
itself.
590
"hnZz msweavbi AbyQ` 7 Abyhvqx cRvZi mKj gZvi gvwjK RbMY Ges
RbMYi c G gZvi cqvM Kej msweavbi Aaxb I KZZ KvhKi nBe; Ges
hnZz msm`i gvag RbMYi BQvi ewntcKvk wnmve ivi mevP c` AwawZ
Kib; Ges
595
cwicx; Ges hnZz RbMYi wbevwPZ cwZwbwa`i viv MwVZ msm` ivi Abvb Ai bvq
Ges
wePviKK Am`vPiY ev Amvg_i AwfhvM AcmviYi gZv cybenvj Kiv msweavbi mvgwMK
the Constitution
Parliament.
Constitution.
599
Sixteenth Amendment.
judicial function.
and effective.
the process.
Proclamation.
609
Constitution of 1972.
Independence of judiciary
follows:
[Islam 2.230]
of the Constitution.
General.
J.
waves, yet rises and falls with the time of tide and
Judge.
621
changes:
misbehaviour or incapacity:
as such member.
incapacity, or,
misconduct,
finding,
Supreme Court.
any reason.
observations:
627
providing:
of sixty-seven years.
this article.
629
such member.
Judge.
providing:
under:
PROCLAMATION
Radio Bangladesh;
other law;
declaration;
in force;
this Proclamation;
PROCLAMATION
November, 1975;
that-
further order;
omitted;
Administrations;
638
1976
THIRD PROCLAMATION
Law Administrators;
639
Army Staff.
Administrators,
Proclamation,
and
Martial Law.
order:-
1977.
Law.
641
substituted, namely:-
by law.
as Bangladeshis,
shall be added;
namely:-
inserted, namely:-
BISMILLAH-AR.-RAHMAN-AR RAHIM
Merciful),
2. In the Preamble-
substituted ; and
be substituted, namely:-
be substituted, namely:-
substituted, namely:-
be added, namely:-
be substituted namely:-
adequate
namely;-
such law.
shall be substituted,
Article.
Court.
Supreme Court.
shall be substituted.
shall be substituted.
whatsoever.
power.
this Constitution.
651
continuous operation.
authority.
Parliament.
the Constitution.
Rahman, B.U.
est, because:
656
Bangladesh also,
offence.
Division observed:
the citizens;
658
done.
Constitution;
original Constitution.
provisions:
relevant time;
660
reopening them;
period; and
Constitution;
aforesaid period.
Constitution.
663
provision is as under:
96| wePviK`i c`i gqv`|- (1) GB AbyQ`i Abvb weavbvejx mvc Kvb
(2) GB AbyQ`i wbic weavbvejx Abyhvqx eZxZ Kvb wePviKK Zuvnvi c` nBZ
(3) GKwU mycxg RywWwmqvj KvDwj _vwKe hvnv GB AbyQ` KvDwj ewjqv DjwLZ
nBe Ges evsjv`ki cavb wePvicwZ Ges Abvb wePviKi ga cieZx h `yBRb Kg
AbycwnZ _vKb A_ev AmynZv wKsev Ab Kvb KviY Kvh KwiZ Amg_ nb Zvnv
nBj KvDwji hvnviv m`m AvQb Zuvnv`i cieZx h wePviK Kg cexY wZwbB
(L) Kvb wePviKi A_ev Kvb wePviK hic cwZZ AcmvwiZ nBZ cvib mBic
cwZ eZxZ Zvnvi c` nBZ AcmviYhvM bnb GBic Ab Kvb c` Avmxb ewi
(K) kvixwiK ev gvbwmK Amvg_i KviY Zvnvi c`i `vwqZ mwVKfve cvjb KwiZ
(6) KvDwj Z` Kwievi ci ivcwZi wbKU hw` GBic wicvU Kib h, Dnvi gZ
D wePviK Zvnvi c`i `vwqZ mwVKfve cvjb AhvM nBqv cwoqvQb A_ev iZi
Am`vPiYi Rb `vlx nBqvQb Zvnv nBj ivcwZ Av`ki viv D wePviKK Zvnvi c`
(7) GB AbyQ`i Aaxb Z`i Dk KvDwj exq Kvh-cwZ wbqY Kwieb Ges
ciIqvbv Rvix I wbevni evcvi mycxg KvUi bvq Dnvi GKB gZv _vwKe|
(8) Kvb wePviK ivcwZK Dk Kwiqv evihy chvM exq c` ZvM KwiZ
cvwieb|
Democracy
extensive.
individual.
SEPARATION OF POWERS
balances.
people.
as apportioned by law.
limits.
by the others.
January 2011.
JUDICIAL INDEPENDENCE
unfavourable.
support not only from the bench and bar but from
And, loud as the cheers for the pay raise were, the
absolutely deafening.
690
democracy.
decision.
judicial institutions.
natural justice.
democratic society.
State."
preserved.
the Court.
Supreme Court.
cases.
defendants.
judges are :
retirement plan;
4. Continuing education;
5. Ethics and conduct standards;
6. Accountability;
party belongs.
practice.
wePviK wbqvM fzji KviY gnvcjq NUQ| (Ref: Shamsul Huda and
706
Judicial Accountability
accountability.
accountable.
Basic Structure
not amendable;
Constitution unamendable:
the Constitution.
Those are:
1.Sovereignty of India;
translated. He said,
720
and;
Constitution.
individual;
law.
36 and 50.
Pakistan Constitution.
724
the Constitution.
Ges
From 1972 to 1975, that is, the period when the newly
law, provides, cxKvi, Kvb ewi wbKU nBZ Kvb wePviKi Am`vPviY ev
Amvg_ mwKZ Kvb AwfhvM cvwi ci Dnvi cv_wgK mZZv wbicbi Rb RvZxq msm`i
m`mMYi ga nBZ AbwaK 10(`k) m`m wewk 1wU KwgwU MVb KiZt D KwgwUi wbKU
provides, (5) Dcaviv 4 Gi Aaxb MwVZ KwgwU AvbxZ AwfhvM mK 7(mvZ) w`bi
(K) evsjv`ki 1Rb mveK cavb wePvicwZ A_ev Avcxj wefvMi 1Rb mveK wePvicwZ
legislature.
mycvwik KiwQj, AvRKi eVK mwUI evwZj Kiv nq| dj mycxg RywWwkqvj KvDwjK
msm`i KvR Revew`wnZv KiZ ne bv| AvMi gZvB Zviv ivcwZi KvQ cwZe`b Rgv `e|
eVK wePvicwZ`i Awfmskbi gZv RvZxq msm`i Ici bv Kivi cZve mivmwi bvKP
Ki w`q cavbgw ejb, wePviwefvM GLb m~Y ^vaxb| ^vaxb wePvi wefvMi Ici Kvb
Supreme Court.
by them.
Constitution.
735
itself.
Constitution.
of judges.
and
gainer today.
clause.
Council he stated,
742
disciplining judges.
called inappropriate.
743
so.
Constitution.
motion.
judge.
democracy.
any influence.
judiciary.
just.
759
dismissed.
J.
the matter.
specifically observed:
duties.
768
Constitution.
judicial process.
each other.
observed as follows:
95 | (1) cavb wePvicwZ ivcwZ KZK wbhy nBeb Ges cavb wePvicwZi mwnZ
civgk Kwiqv ivcwZ Abvb wePviKK wbqvM`vb Kwieb|
(2) Kvb ew evsjv`ki bvMwiK bv nBj Ges
(K) mycxg KvU Ab~b `k ermiKvj AvWfvKU bv _vwKqv _vwKj, A_ev
(L) evsjv`ki ivxq mxgvbvi ga Abvb `k ermi Kvb wePviwefvMxq c` Awavb bv
Kwiqv _vwKj wKsev Ab~b `k ermiKvj AvWfvKU bv _vwKqv _vwKj , Ges Ab~b
wZb ermi Rjv- wePviKi gZv wbevn bv Kwiqv _vwKj wZb ermi Rjv- wePviKi
gZv wbevn bv Kwiqv _vwKj wZwb wePviKc` wbqvMjvfi hvM nBe bv |
(3) GB AbyQ` mycxg KvU ewjZ GB msweavb- ceZbi c~e h Kvb mgq
evsjv`ki ivxq mxgvbvi ga h Av`vjZ nvBKvU wnmve GLwZqvi cqvM KwiqvQ,
mB Av`vjZ Abfz nBe|
dispensation of justice.
Bar is, more rich the judgments are and vice versa
above observations.
J.
Order
judgment.
C.J.
J.
J.
J.
J.
J.
J.