Law Book Review
Law of Writs: A book writ large!
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Law of Writs: Constitutional Remedies
Author: Mr. Md. Zakir Hossain
Publisher: Universal Book House
1st Edition : January, 2012
Price shown: BDT 1200/- Tk. |
The illuminating, eloquent, evocative and forthright speeches delivered in 53rd Annual General Conference of Judicial Service in 2003 by then Honorable Chief Justice of Bangladesh is landmark in the history of Bangladesh as it insists a young researcher to work on Writ in Bangladesh. The concept of law of writs has assumed much importance in the last few decades and many important judgments of far reaching consequences were delivered by the High Court Division while exercising power under the writ jurisdiction. Dr. Ambedkar, the architect of the great Indian Constitution argued that “If I was asked to name any particular Article in this Constitution as the most important an Article without which this Constitution would be a nullity I could not refer to any other Article except the Articles which dealt with writ remedies. It is the very soul of the Constitution and the very heart of it.” In the same way Mr. Md. Zakir Hossain who is a Judge by profession and a recipient of distinction at Masters Studies (LL.M) from IMO IMLI, Malta and LL.B (Hon's), LL.M. (Dhaka University) think that a right is a dominating relation of a man with the things or object of his necessity and the man creates a world to live in and attempts to shape it to his inner ideal. He too believes that it is only possible by seeking resort to Writ jurisdictions of High Court Division.
Law is a discipline that keeps growing simultaneously with the development in the society has to be learnt continuously and consistently with the times. In Bangladesh, literature on the Law of Writs is quite scant. Hence, the author motivated to study on the same and divulges the four corner of writ in Bangladesh in the form of a book namely “Law of writs Constitutional remedies”
The present book under review written by Mr. Md. Zakir Hossain, Director (Judge), Judicial Administration Training Institute (JATI), is an insightful Study, where he worked hard for about seven years on the subject and which shows that the writs are valuable weapons for enforcement of Human Rights i.e. fundamental right & other legal rights. It is basically based on Bangladeshi case-law, attempts a historical and up-to-date account of the extraordinary legal remedies as developed by our Courts in controlling administrative & judicial actions. The historical evolution of certiorari, habeas corpus, mandamus, prohibition, and quo warranto are given in separate chapters to present the materials in their respective perspective. Wherever appropriate, comparable American, Pakistan, Indian & UK law is also mentioned in the book.
The book 'Law of Writs constitutional remedies' tersely presents the trajectory of the life and development of fundamental rights which are sine qua non for a civilized man and has been dealt with under different chapters and their enforcement by way of writ jurisdiction has also been discussed from practical perspectives and definitely gives the reader a taste of fresh view on the subjects.
The book can boast of being the first of this sort in Bangladesh. The book claims to be unique as it demonstrate the Chronological Account of the Present Trends and Future Issues of the Writ Remedies in Bangladesh, which appears timely and in accordance with the needs. The Fundamental Rights are made legally enforceable. It is their justifiability that makes them instantly efficacious through the judicial mechanism of writs. It is the efficacy of this aspect, namely, the justifiability under the writ jurisdiction of the High Court Division that constitutes the core-basis of the present work.
The author worked hard for about seven years on the subject. The layout of the book is divided into 26 chapters including appendix. Almost all the matters relating to writ jurisdiction have been included in the book. Almost all the matters relating to writ jurisdiction have been included in the book. Chapter 1 laid bare the general condition how Fundamental Rights could be enforced through Writs Jurisdiction. Outstandingly, chapter 20,21,22,24 carries much importance as it introduced, most probably for the 1st time in Bangladesh, the provision concerning legal aid in writ proceedings, essential doctrine applies in writ proceedings, pleading and procedure therein and Contempt Proceedings Arising out of the decisions and orders on Writ petitions.
The author firmly believe that it may shed light upon the lawyers, Judges, law teachers, law students and all concerned on this subject as each and every elements including latest development of writ jurisdiction has been addressed therein. Nonetheless, no work is beyond slip-up. I have no major criticism over the present cherishing publication.
In spite of some minor clerical and/or loquacious shortcomings Mr. Md. Zakir Hossain showed excellent expertise in writing the book for the mass. Probably that is why Former Judge Appellate Division of the Supreme Court of Bangladesh Justice Mohammad Hamidul Haque in his forward to the book expressed his optimism that the author deserves proper appreciation for his hard work from all relevant quarters. In addition the book will be of use not only to the judges and members of the Bar; even the students of law will also be able to have clear idea about the law of writs.
-Reviewed by Law Desk.
