Act/Law wise: Judgment of Supreme Court of Bangladesh (AD & HCD)



Parliament Secretariat Act, 1994
Section/Order/ Article/Rule/ Regulation Head Note Parties Name Reference/Citation
Sections 5(1) and 14

জাতীয় সংসদ সচিবালয় আইন, ১৯৯৪
Sections 5(1) and 14
The Constitution of Bangladesh, 1972
Article 79
If Appellate Division consider the provisions of sections 5(1) and 14 of the জাতীয় সংসদ সচিবালয় আইন, ১৯৯৪ coupled with above proposition of law, then it would be abundantly clear that the Speaker of the Parliament has been entrusted with all the administrative power of the Parliament Secretariat but at the same time he or she is answerable to the House for his or her conduct and activities relating to "সংসদ সচিবালয়ের যাবতীয় কর্মকান্ড' and, as such, the House in taking the action on the illegal conduct/activities of the Ex-Speaker did not violet any Rules of Procedure of the Parliament or any provision of the Constitution. ––This Division finds merit in all the appeals. Accordingly, all the appeals are allowed. The impugned judgment and order passed by the High Court Division is set aside. .....Government of Bangladesh =VS= Md. Masud Rana, (Civil), 2023(2) [15 LM (AD) 616] ....View Full Judgment

Government of Bangladesh =VS= Md. Masud Rana 15 LM (AD) 616
Sections 9 and 18

The Parliament Secretariat Act, 1994
Sections 9 and 18 r/w
Special Medical Attendant Rules, 1950
Rule 12
The Parliament Secretariat Act, 1994 the Parliament is the proper authority to take decision, action or raise question on the approval of alleged bills and neither the ACC nor any authority does have power to raise question about the approval of said bills–– From the combined reading of Section 9 together with Section 18 of the Parliament Secretariat Act, 1994 it appears indubitably that the parliament secretariat will be responsible only to the Parliament through the Controller and Auditor General over the matter of expenditure of the financial allocation in the yearly budget and nobody else can raise any question as to the use of such budget. But in the cases in hand, those provisions of the Parliament Secretariat Act, 1994 will not give any protection to the appellant since the Anti-Corruption Commission brought allegation against the appellant and other accused persons as to the mode of approval of medical bills in doing which the Speaker was not authorized to approve without the sanction of the Prime Minister. However, Appellate Division has already viewed that neither the ACC nor any authority does have power to raise question about the authority of the Speaker in approving said bills. .....Barrister Muhammad Jamiruddin Sircar =VS= The State, (Criminal), 2022(2) [13 LM (AD) 572] ....View Full Judgment

Barrister Muhammad Jamiruddin Sircar =VS= The State 13 LM (AD) 572