Appellate Division gives new interpretation of Article 36...

Dhaka, Thursday   20 January 2022

Appellate Division gives new interpretation of Article 36

 Staff Correspondent

 Published: 07:49 PM, 1 December 2021   Updated: 09:43 PM, 1 December 2021

Appellate Division gives new interpretation of Article 36

Appellate Division gives new interpretation of Article 36

Freedom of movement is not an exclusive right. If the executive branch prevents someone from traveling abroad, the court must be informed within 3 working days.

This was stated by the Appellate Division in the new explanation of Article 36 of the Constitution.

The Appellate Division, headed by the Chief Justice, made the observation on Wednesday in the full verdict of the ACC's decision to ban the accused or suspect in a corruption case from going abroad. The 18-page verdict was released on Wednesday.

The Appellate Division ruled that the main purpose of the liberties granted in Article 36 was to maintain social balance. Therefore, if there are specific allegations of criminal offenses, passports can be confiscated and travel abroad can be prevented. Even then, if someone tries to travel abroad violating the law, they must inform the court within three working days after the arrest. However, none can be barred from traveling abroad just because his name comes to criminal record.

Earlier, the Appellate Division, after reviewing the ACC's application, decided to ban the travel abroad of the accused or any suspect in the corruption case till the specific rules are formulated on September 26.

An appellate bench headed by Chief Justice Syed Mahmud Hossain handed down the order amending the previous rules of High Court.

The High Court issued three judgments and two orders in five separate writs against the ACC's ban on leaving the country. The Anti-Corruption Commission left to appeal against those orders.