The High Court on Monday declared illegal the detention of former Awami League lawmaker Kamal Ahmed Majumdar and three others under the Special Powers Act.
A High Court bench comprising Justice MA Wahhab Mian and Justice M Emdadul Haque delivered the judgments after an intense legal battle over whether the High Court could exercise its jurisdiction on habeas corpus writs challenging detention orders issued under a law providing for preventive detention especially in a state of emergency.
In separate judgements, the court also asked the government to release Kamal Majumdar, ward commissioner of Kafrul, Quaiyum Khan, director of Proshika, Aminul Islam and deputy director of the same non-government organisation, Abul Quashem Palash, forthwith if they were not wanted in any other criminal cases.
Dismissing the Attorney General’s arguments, the court maintained that the powers of the High Court to examine whether the legal provisions had been followed accordingly in issuing a detention order even under laws on preventive detention and its authority to issue certain orders and directives could not be taken away under any circumstances.
