The High Court in a full text of a verdict observed that the right to leave one’s country have never been considered as absolute right. Despite the long standing ideal of free movement, it has in practice always been subject to State restrictions, it also observed.
The High Court bench of Justice Md Nazrul Islam Talukder and Justice Md Mostafizur Rahman delivered the verdict after hearing on a writ petition filed by Tafsir Mohammad Awal, one of the Directors of Multimode Group Limited, challenging the legality of a travel ban on him by the Anti-Corruption Commission (ACC).
The HC bench announced its short verdict on February 24 in 2022, while the full text has been released on the SC website recently.
In the verdict the High Court bench also observed that “It is now well settled that freedom of movement as envisaged in our Constitution is not absolute, meaning thereby that the same is subject to certain limitation… The restriction can be imposed by law only, not by executive order.”
Referring to an Appellate Division verdict the HC bench said, “Under Article 36 of the Constitution freedom of movement is one of the fundamental rights guaranteed to every citizen of the country which cannot be abridged or denied arbitrarily on mere liking or disliking without any specific law authorizing lawful justification for this purpose. The reasonableness is to be determined by an objective standard and not by subjective one.”
The High Court said, “It is axiomatic that there is no provision in the ACC Act, 2004 and the Rule in the ACC Rules, 2007, by which the ACC is authorized or empowered to pass any order putting any embargo upon the petitioner to leave and re-enter in Bangladesh.”
“In this regard, the decision of the Appellate Division is that restriction may be imposed on travel in order to prevent exit from the country by persons who leave quickly to avoid due process of law. However, this would be subject to confirmation by the appropriate court within a period of 3 working days from the date of issuing the order putting any embargo upon the petitioner to leave and re-enter in Bangladesh.”
“In view of the above, the impugned order putting embargo upon the petitioner to leave Bangladesh has no legal efficacy and effectiveness unless the impugned order is approved or appropriate order is passed by the concerned court of jurisdiction putting any embargo upon the petitioner to leave and re-enter in Bangladesh.”
Barrister Saqeb Mahbub, one of the counsels of Tafsir, earlier said, “Tafsir Awal is a regular traveler and wanted to visit UK as part of his regular journey to this destination in January 2021. He went to the airport on January 24 in 2021 board the Biman Bangladesh flight scheduled for London where the immigration authority off boarded him without any prior notice citing that they have instruction from their higher officials not to allow him to leave the country.”
The lawyer also said, “Later it was recovered that the ACC on October 4 in 2020 without filing any case against him had imposed a travel ban on him. Then Tafsir Awal moved a writ petition before the High Court. Upon hearing the High Court bench of Justice M Enayetur Rahim and Justice Sardar Md Rashed Jahangir on May 5 in 2021 pleased to issue a rule and directing ACC to allow Awal to leave and re-enter the country.”
Thereafter the ACC moved a petition before the Appellate Division challenging the interim order passed by the High Court and the full court of the Appellate Division passed a judgment in favor of Awal stating that the ACC cannot impose any such ban on Awal without an order from the court.
Later the High Court bench of Justice Md Nazrul Islam Talukder and Justice Md Mostafizur Rahman disposed of the petition in light of the Appellate Division’s earlier judgment.
