Act/Law wise: Judgment of Supreme Court of Bangladesh

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Indemnity Ordinance, 1975 (L of 1975)
Section/Order/Article/Rule/Regulation Head Note

The Indemnity Ordinance was expressly made by the President in exercise of the powers conferred by clause (1) of Article 93 of the Constitution. So, there was no extra magic in the Indemnity Ordinance which in normal times was required to be laid before the Parliament for its survival.
To give approval to a law is a qualitatively different act from enacting the law itself. An Ordinance when approved in the Constitution remains an Ordinance and it does not become a part of the Constitution. [Per A.T.M. Afzal, C.J] Shahriar Rashid Khan Vs Bangladesh and others, 18 BLD (AD) 155. ....View Full Judgment

Para 3A and 18 of the Fourth Schedule
The Indemnity Ordinance was promulgated to restrict the taking of any legal or other proceedings in respect of certain “acts and things done” prior to the promulgation of the Ordinance. The protection which was been given under paragraphs 3A and 18 to the “acts and things done” relate to those that were done in exercise of the powers derived or purported to have been derived from the Martial Law Proclamation. They have been ratified and confirmed and are declared to have been validly made, done or taken and shall not be called in question before any Court, Tribunal or authority on any ground whatsoever. Evidently, the acts and things which were done on the 15th August, ‘1975 to which indemnity was sought to be given by the Indemnity Ordinance were not done in exercise of the powers derived from the said Ordinance. Therefore, they have no nexus with the “acts and things done” referred to in paragraphs 3A and 18. [Per A.T.M. Afzal, C.J.] Shahriar Rashid Khan Vs Bangladesh and others, 18 BLD (AD) 155. ....View Full Judgment