GOVERNMENT OF BANGLADESH Vs. ALLAMA DELAWAR HOSSAIN SAYEDEE
LAWS(BANG)-2009-8-5
SUPREME COURT OF BANGLADESH
Decided on August 24,2009

Government Of Bangladesh Appellant
VERSUS
Allama Delawar Hossain Sayedee Respondents

JUDGEMENT

MD.MUZAMMEL HOSSAIN, J. - (1.) This petition for leave to appeal at the instance of the petitioner is directed against the judgment and order dated 12.08.2009 passed by a Division Bench of the High Court Division in Writ Petition No. 5127 of 2009 making the Rule absolute, which was filed challenging the action of the respondents of the writ petition on 24.07.2009, preventing the writ petitioner in leaving Bangladesh.
(2.) The respondent No.1 as petitioner filed Writ petition No. 5127 of 2009 before the High Court Division stating, inter alia, that the writ petitioner has impugned the action of the respondent in preventing him from leaving Bangladesh for the Kingdom of Saudi Arabia and the United Kingdom. The respondent No.1 has been prevented from leaving Bangladesh without any justification or explanation. No reason was offered by the petitioner or any Immigration Official either at the time of refusal or any time thereafter. Although the respondent No.1 possessed all relevant and valid travel documents (including a valid Bangladesh Passport, valid visas and a ticket), he was refused permission to leave Bangladesh. In preventing the respondent No.1 from leaving Bangladesh the petitioner acted in violation of the Bangladesh Passport Order, 1973 (hereinafter referred to as the said Order). Moreover, there is no criminal proceeding pending against the respondent No.1 Further, the actions of the petitioner are violative of the fundamental rights guaranteed under Articles 31,36and 41 of the Constitution. Hence, the respondent No.1 has filed the writ petition.
(3.) On 04.07.2009 the writ petitioner-respondent No.1 received an invitation (by facsimile message) from the "Cooperative Office for Call and Guidance" of the Ministry of Islamic Affairs of the Kingdom of Saudi Arabia to attend a Seminar to be held in Jeddah from 28th to 29th July 2009. The respondent No.1 was invited as the Chief Guest of the Seminar. Upon receipt of the invitation the respondent No.1 accepted the same or 05.07.2009 by telephone.;


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