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Bar on movement of a person unconstitutional: HC

Writ by Sweden Ataur

Published : Monday, 5 April, 2021 at 12:00 AM  Count : 464

The High Court (HC), in a full text of verdict, has observed that imposing restriction by any person or the authorities on the movement of the citizens is unconstitutional.
The article 36 of our constitution reflects the Article 13 of the Universal Declaration of Human Rights. It has a relation with rights to life and personal liberty.
So, a fundamental right granted under Article 36 of the constitution cannot be curtailed by the any person or authority, the HC said.
The HC bench of Justice M Enayetur Rahim and Justice Md Mostafizur Rahman made the observation in a 12-page full text of verdict regarding the
    writ petition filed by Md Ataur Rahman alias Sweden Ataur, an executive member of Narsingdi district Awami League, challenging the ACC's action to restrain him from going abroad as an inquiry was being continued.
In order to impose restrictions on the freedom of movement or personal liberty of a citizen, the government or the authorities concerned must inform the person concerned of the specific reasons so that the person can explain to the authorities concerned about the action taken against him.
If the authority wants to impose any restriction, it must be in public interest or in the form of specific law. Otherwise, the restriction will not be lawful, said the HC.
On March 16, the same HC bench delivered the short verdict in this regard saying that a specific law or rule was needed soon for imposition of ban on corruption suspects or accused leaving the country.
The graft body will have to take permission from special judge court for imposing ban on suspects or accused leaving the country, said the HC.
In the verdict the HC also ordered for framing a law or rule about travel ban on suspects or accused.
The HC declared the ACC's action illegal and allowed Ataur to go to Sweden where he lives with his family.
The Criminal Investigation Department (CID) of police arrested Sweden Ataur from Malibagh area in the capital on November 1 in 2019.
Ataur is accused in several cases for land grabbing, extortion and cheating.
Later, the ACC issued a notice on August 24 in 2020, asking Sweden Ataur, to submit his wealth statement.
After he submitted the statement, the ACC started an inquiry into his wealth and on December 20 that year, the commission issued a letter to the immigration police to refrain Ataur from going to Sweden.








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