Article 102 of the Constitution is not meant to circumvent or bypass statutory procedures:
The legislature made specific provisions in Section 17 of the Customs Act, 1969, Order 4 of the বাংলাদেশ আমদানি নীতি আদেশ, 2021-2024, and Section 96 of the Trademarks Act for alternative, effective and equally efficacious remedy to the petitioner for violation of any condition laid down in Section 15 of the Customs Act, 1969 regarding importation of parallel goods. Article 102 of the Constitution is not meant to circumvent or bypass statutory procedures as stated above. When a right is created by a statute, which prescribes a remedy or procedure for enforcing the right, resort must be had to that particular statutory remedy before seeking extraordinary and discretionary remedy under Article 102(2) of the Constitution. Judicial prudence demands that this Court should refrain from exercising its jurisdiction under the said constitutional provision. This is a self-restrained restriction of the High Court Division. ...Unilever Bd Ltd. Vs. Chairman, National Board of Revenue & ors, (Civil), 17 SCOB [2023] HCD 137 ....View Full Judgment