Daffodil International University
Faculty of Humanities and Social Science => Law => Topic started by: sirazi on November 24, 2015, 05:46:14 PM
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The case of Saiful Islam Dildar vs. Government of Bangladesh and others, [50 DLR (1998) 318], can also be cited as an example which comes next to Mohiuddin Farooque Case, where the court considers the provisions of fundamental principles in order to justify the constitutionality of any action or decision of the Government. in this court, the Court made it clear that the fundamental principle of state policy is not judicially enforceable. But, on the other hand, when the learned advocate relying upon article 25 of the constitution contented that Anup Chetia, if extradited to India the government would violate the mandate of article 25, the court in response to this argument observed that the said extradition does not go against article 25, one of the fundamental principles of state policy. Thus, the court rejected the writ petition relying on inter alia, that the said extradition does not violate article 25, one of the fundamental principles of state policy. This approach of the Court clearly suggests that if Article 25 were violated, the decision of the case would otherwise be different.
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FPSP is the basis of many things. We cannot ignore it.