Govt asked to explain why declaration of emergency not illegal

The High Court (HC) yesterday issued a rule asking the government to explain within four weeks why the proclamation of the state of emergency in the country on January 11 last year should not be declared illegal and unconstitutional.
In the ruling the HC bench comprised of Justice Khademul Islam Chowdhury and Justice Mashuque Hosain Ahmed asked the government to explain why two Emergency Power Orders (No 1 and 2), Emergency Power Ordinance (EPO) 2007 and Emergency Power Rules (EPR) 2007, issued through the proclamation of the state of emergency, should not be declared illegal and unconstitutional.
The court also directed the government to file an affidavit -- specifying the grounds on which the state of emergency was proclaimed and what fundamental rights were suspended under the emergency -- with the court within one month.
The order came upon a writ petition filed with the HC on July 14 by four Supreme Court (SC) lawyers, M Saleem Ullah, Muhammad Mohsen Rashid, Nahid Sultana Juthi and Md Abdul Mannan Khan, challenging the legality of the president's actions on Janurary 11, 2007.
It was stated in the petition that the president declared emergency in the country with a malafide intention and collateral purpose to extend his rule beyond 90 days while holding the office as de facto chief adviser purportedly under Article 141 A (1) of the constitution, expressing his "satisfaction" that a "grave emergency exists" in which the "security and economic life of Bangladesh is threatened by internal disturbance."
It also said the state of emergency was promulgated on January 11, 2007, without lawful authority, as the president had no constitutional authority to promulgate emergency.
The law secretary, establishment secretary and home secretary have been made respondents in the petition.
Advocate Ruhul Quddus, a counsel for the petitioners, told newsmen that after the hearing that the HC issued the rule upon the government to examine on what reasons the president issued the state of emergency.
Government's counsel, deputy attorney general (DAG) Dr Naima Haider, said that the HC wanted to know which fundamental rights were suspended through the state of emergency.
Advocate MI Farooqui moved for the petitioners.