Druta Bichar Tribunal Ain, 2002
Sections 5 and 6
An under trial prisoner is also
entitled to get speedy trial without being languishing in jail without trial
for an indefinite period and it is a fundamental right of an under-trial
prisoner, to get speedy trial and thus the High Court Division erred. in law in
granting stay against the spirit of law and intention of the legislature in
enacting the Act No.28 of 2002. The learned Attorney General further sub-
mitted that section 5 and 6 of the Act 28 of 2002 having been challenged in
writ jurisdiction and the said two sections. have been found to be the valid
law and the decision to that effect has been reported in 55 DLR 636, as such,
High Court Division ought not to have grant- ed stay of proceedings while
issuing the rule challenging the vires of certain pro- visions of the law.
Abdul Kader Mirza vs. Bangladesh represented by the Secretary Ministry of Law
(Mohammad Fazlul Karim J (Civil) 5 ADC 901
