Monday, November 23, 2015

Where should this case be tried?

From Bangladesh we read here of an interesting interim decision of the Supreme Court's Appellate Division:
The Appellate Division of the Supreme Court on Monday upheld a High Court order that had stayed transfer of a case from a special tribunal to the military court.
The case was filed against army major Nazir Uddin over torturing his wife Nusrat Jahan Tushti “for dowry.” Tushti is an MBA first-semester student at Dhaka University. 
A four-member bench led by the chief justice, Surendra Kumar Sinha, passed the order that stayed the order by the army headquarters to send all papers of the case for holding the army officer's trial under court martial. 
Talking to Prothom Alo, Tushti’s father Nurul Islam Bhuiyan said the Appellate Division’s decision has suspended the process of transferring the case to the military court. 
Tushti’s father Nurul Islam, a retired banker, filed the case with the special court in Tangail on 2 April. 
He alleged that Tushti’s army officer husband Nazir Uddin and father-in-law retired army officer Idris Ali, had tortured his daughter for dowry on 30 March.
This could prove to be a real "pushing-and-shoving contest" between the civilian courts and Army Headquarters. Whatever Bangladeshi jurisprudence provides, where should such a case be tried?

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