BD Law Reports(BLR) Online Legal Sources of Higher Court Decisions

Judicial Review from a Judgment is not available to decide

Judicial Review from a Judgment is not available to decide a question when there is no error apparent on the face of the record or there is no lack of jurisdiction or where the tribunal is not properly constituted or its action is not lawful. Judicial review is available where a tribunal was not properly constituted with a chairman and two members,or there is to al absence of the members which rendered the tribunal improperly constituted or the decision is without lawful authority or where the tribunal has no jurisdiction decide the list- Secretary ,Miistry of Housing and Public Works vs Atika Khanam ( Civil),67 DLR (AD) (2015) 142, Article 102

The Process was a Policy decision

The Process was a policy decision involving complex economic factors. The court would be slow from interfering with the economic decisions as it has been recognized that the economic expediencies lack adjudicative decision and unless the economic decision,based on economic expediencies,is demonstrated to be so violative of constitutional or legal limits.It is the administrators and legislators who are entitled to frame policies and take such administrative decisions as they thibk necessary in the public interest. The court should not ordinarily interfere with policy decisions,unless clearly illegal- Bangladesh Agricultural Development Corporation vs Nurul Islam ( Civil),67 DLR ( AD) (2015) 257, (Article 102() )

Compensation or Relief

Compensation or relief must be specifically prayed for the writ petition but not in the name of general or other relief- Government of Bangladesh vs Nurul Amin (Civil),67 DLR(AD)(2015) 352,Article 102(2)

It is unfortunate to note

It is unfortunate to note with utter disgust that the learned Judges of High Court Division have taken upon themselves the responsibility in purportedly making out a case of inhuman physical and mental torture without any basis. This kinds of misadventure of the concerned Judges of the High Court Division while passing and making such orders with total non- application of mind is fully disapproved. Goverment of Bangladesh vs Nurul Amin (Civil),67 DLR(AD)(2015) 352,Article 102(2)

The power of High Court Division

The power of High Court Division under Article 102 is very wide and is not fettered by any legal constants in the enforcement of the fundamental rights in as much as the High Court Division powers to issue such directions and orders as may be appropriate for the enforcement of fundamental rights conferred by part 3 of the corstlutior- Government of Bangladesh vs Nurul Amin (Civil),67 DLR(AD)(2015) 352,Article 102(2)

It is only the exceptional case

It is only the exceptional case that the compensation or compensatory cost may be awarded to a victim in a petition properly drawn under Article 102 of the Constitution. The violation must be gross and its magnitude must be such as ” to shock the conscience of t he Court” and it would be gravely unjust to the person whose fundamental right was violated to require him to go to the civil court for claiming compensation. Goverment of Bangladesh vs Nurul Amin (Civil),67 DLR(AD)(2015) 352,Article 102(2)