Advocate Rafique's statement on Rangs Bhaban
Staff Correspondent
Senior Advocate of Rangs Group Rafique-ul Huq in a statement has said, "It is reliably learnt from the advocate of the Rangs Group that the Appellate Division as a special case shall hear the appeals filed by Rajuk (Rajdhani Unnayan Kartripakkha) and Government of Bangladesh during long vacation of the court and fixed hearing on June 13, 2007. In spite of the objection taken by the respondents (Rangs Bhaban) that in view of the Order No-2 dated 11.01.2007 issued by the president under Article 141C(1) of the Constitution, the hearing of any case involving enforcement of fundamental rights should be postponed till the Emergency is lifted."He said, "It may be mentioned here that the writ petitioners in the present case filed the writ petition under Article 102 read with Article 44 of the Constitution i.e. for enforcement of fundamental rights. The High Court Division while deciding the case has also relied on fundamental rights, specially Articles 31 and 42 of the Constitution. In spite of the objection taken by the Rangs Group regarding hearing of the appeals during the continuation of the emergency in the country, the Appellate Division on the prayer of the learned attorney general has specially fixed the appeals to be heard on June 13, 2007 during vacation. It is further learnt that the advocate of Rangs Group has decided to file another application drawing attention to the honourable Appellate Division that if the appeals are heard during the Emergency, then that will be illegal and violation of the Constitution. It was pointed out in the said application by the advocate of Rangs Group that in the past the honourable Appellate Division has refused to hear any such appeal involving fundamental rights. But this case has been taken as an exception for the reasons best known to the Appellate Division. If the Appellate Division is of opinion that the Emergency has been ceased due to expiration of 120 days, then there is no bar to hear the Appeals."
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