Abstract

On 25^th and 26^th February, 2009, BDR tragedy took place. 57 military officers were brutally killed. About 40 G.R. cases were lodged throughout the country. The Hon’ble President of Bangladesh placed a Reference on two questions before the Supreme Court under Article 106 of the Constitution. The precise issues were whether the provisions of the Army Act can be applied against the BDR personnel and if not applicable, whether the provisions of the Army Act can be applied retrospectively by issuing notification under section 5(2) of the Army Act. Our Apex Court answered both the questions negatively and concluded that the BDR personnel should not be dealt with under the Army Act, 1952. Further, retrospective effect under section 5(2) of the Army Act is also not possible because such effect will go against the Army Act itself.