Druto Bichar Tribunal Ain (XXVIII of 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 submitted that section 5 and 6 of the Act 28 /naving been challenged in writ petition and the said two sections A been found to be the valid law and /ie decision to that effect has been reported in 55 DLR 636, as such, High Court Division ought not to have granted stay of proceedings while issuing the rule challenging the vires of certain provisions of the law. Abdul Kader Mirza vs. Bangladesh represented by the Secretary Ministry of Law (Mohammad Fazlul Karim J) (Civil) 5ADC 901
Section 6-The concerned officials of the Ministry of Home Affairs must be careful and expressive in sending any case other than the cases of five categories specifically mentioned in section 6 of the Ain. This is true that all criminal cases involve public interest as it relates to law and order situation of the country as well as the safety and security of the people in general and also their peace and discipline. But the degree of public interest involved in each criminal case and its importance cannot be the same. Selim Mollah (Md) vs Bangladesh, 68 DLR 213
Section 9(2)
We have gone through the order passed by the Magistrate which has simply and plainly asked the investigation officer to add relevant section of the Druta Bichar Ain provided the allegations do attract any of the section of the aforesaid Ain and so doing we do not think the Magistrate has in nay way exceeded his jurisdiction having the effect of interference with the course of investigation, rather, he has left the matter to the discretion and judgment of the investigating officer. Monajjel Hossain Khan Vs. The State 13 BLT (AD) 25.
Section 10(4)(5)- Since no conse- quence has been provided for in section 10(4)(5) the trial by the same tribunal even after the expiry of 135 days will not be illegal or without jurisdiction. SM Mozammel Hoque Talukder @ Shahjahan Talukder @ Shahjahan vs State, 68 DLR (AD) 370
