June 3, 2020, 7:11 pm

Concept

Concept of due process is not available in our constitution

Concept of due process is not available in our constitution but if we closely look at articles 27,31 and 32 it will not be an exaggeration to come to the conclusion that the expressions “be treated in accordance with law ” and no person shall be subjected to torture or to cruel,inhuman or degrading punishment or treatment used in Articles 35(5) are cognate nature. In Articles 31 it is also stated that no action detrimental to the life,liberty,body of any person shall betaken except in accordance with the law. It is not the same that a person’s life has been taken away by a provision of legislation without conclusively determining as to his guilt in the commission of the crime. In Articles 32 it provides that a person shall be deprived of his life save in accordance with law. These concepts are more or less akin to the concept of the due process of law. BLAST vs State (Civil) ,67 DLR (AD) (2015) 185, Articles 27,31,32 and 35(5)

One is entitled to express his opinion or fatwa

One is entitled to express his opinion or fatwa but at the same time he must be careful not to violate any law or hurt the feelings of anybody,specially the women- (Per ABM Khairul Haque,CJ, agreeing with Syed Mahmud Hossain,J ( who delivered the majority judgment) Tayeeb vs Bangladesh (Civil),67 DLR (AD) (2015) 57, Articles 39

Probision of Articles 102 read with Articles 44(1)

Provision of Articles 102 read with Articles 44(1) are identical with those of the Article 32 of the Indian Constitution so far as those relate to the enforcement of fundamental rights. The interpretation of Article 102 should be guided by the paramount object and purpose for which the articles has been enacted and its interpretation is inextricably linked with the (i) emergence of Bangladesh and framing of its constitution ,(ii)the Preamble and Article 7,(iii) Fundamental Principles of State Policy,(iv) Fundamental rights and (v) the other provisions of the Constitution Government of Bangladesh vs Nurul Amin (Civil),67 DLR (AD) (2015) 352, Articles 44(1) and 102

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2 responses to “Concept of due process is not available in our constitution”

  1. […] : Article 102- The Language used in the Rule issuing Order Concept of due process is not available in our constitution Motive is a very important element to consider the circumstantial evidence Contempt of Court the […]

  2. […] a Judgment is not available to decide Article 102- The Language used in the Rule issuing Order Concept of due process is not available in our constitution Motive is a very important element to consider the circumstantial evidence Contempt of Court the […]

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