Act/Law wise: Judgment of Supreme Court of Bangladesh (AD & HCD)
Enactment of Enemy Property (Continuance of Emergency Provisions) (Repeal) Act, 1974 | |||
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Section/Order/ Article/Rule/ Regulation | Head Note | Parties Name | Reference/Citation |
Enactment of Enemy Property |
1962 Constitution of Pakistan was not a Constitution in the eye of law at
all, because the same was not given to the nation by the people's
representatives of Pakistan, rather the same was given by an usurper
dictator abrogating the 1956 Constitution which was duly framed and adopted
by the Constituent Assembly of Pakistan. Thus the Enemy Property Act [EPA]
which was promulgated under a void Constitution of 1962 given by an
usurper, the Pakistan Defence Rule 1965 and the Ordinance I of 1969 and its
continuance under the grab of Act XLV of 1974 was a misnomer. Enactment of
Enemy Property (Continuance of Emergency Provisions) (Repeal) Act, 1974 was
a historical mistake. In view of our observations regarding 1974 Act and
1976 Ordinance we hold that measures are likely to be needed to give proper
effect of the objective of the Act, 2001 (amended in 2013) and these are
the matter to be dealt with by the legislature and executive.
|
Md. Abdul Hye Vs. Bangladesh & ors. | 10 SCOB [2018] HCD 163 |