Inherent power:- Despite the absence of any provision empowering the Tribunal to pass any interim order- Despite the absence of any provision empowering the Tribunal to pass any interim order, the Tribunal is not powerless since it has all the powers of a civil court and in proper cases, it may invoke its inherent power and pass interim order with a view to preventing abuse of the process of court or the mischief being caused to the applicant affecting his right to promotion or other benefit. But the Tribunal shall not pass any such interim order without affording the opposite party affected by the order an opportunity of being heard. However, in cases of emergency, which requires an interim order in order to prevent the abuse of the process and in the event of not passing such order preventing such loss, which cannot be compensated by money, the Tribunal can pass interim order as an exceptional measure for a limited period not exceeding fifteen days from the date of the order unless the said requirements have been complied with before the expiry of the period, and the Tribunal shall pass any further order upon hearing the parties. .....Government of Bangladesh =VS= Sontosh Kumar Shaha, [4 LM (AD) 143]
The inherent power of the High Court Division under section 561A of the Code can only be invoked if the proceedings are under the provisions of the Code. It does not provide any relief if the trials are not conducted under the provisions of the Code. Since the convictions were made by the various Martial Law Courts, illegally constituted under the Martial Law Proclamations and Regu- lations and not under the Code, the inherent power of the High Court Division under the provisions of section 561A cannot be invoked. Siddique Ahmed vs Government of Bangladesh, 65 DLR (AD) 8
Inherent power under section 561A of the Code can be invoked at any stage even after conclusion of trial if it is necessary to prevent the abuse of the Court or otherwise to secure ends of justice. Yunus (Md) vs State, 67 DLR 97
