Committed to PEOPLE'S RIGHT TO KNOW
Vol. 5 Num 1030 Wed. April 25, 2007  
   
Front Page


Hasina moves to challenge homecoming bar in court
Lawyers ask govt to remove restriction on her


A representative of Sheikh Hasina yesterday moved to file a writ petition with the High Court (HC) to challenge legality of the government press note imposing restrictions on her returning home.

Meanwhile, 600 lawyers of the Supreme Court (SC) and 31 leading intellectuals in separate statements yesterday called for an immediate withdrawal of the restrictions.

The same day Sammilito Nari Samaj urged the government to ensure that the top leaders of the two major political parties are free to stay in the country.

WRIT PETITION
Awami League (AL) President Sheikh Hasina's Protocol Officer Manzila Faruque and her lawyers went to an HC bench for permission to file the petition around noon. But the bench asked them to come tomorrow as that [Thursday] is the day for the court to receive fresh petitions.

"We went to file a petition but the court has advised us to come on Thursday," said Mahbubey Alam, one of the counsels.

The lawyers said they expect a hearing to take place on Sunday, given that the HC would receive the affidavit on the intended petition tomorrow.

Barrister Shafique Ahmed yesterday told The Daily Star that Manzila has been given the power of attorney to act on behalf of Hasina regarding legal matters.

Earlier, the government on April 18 issued the press note. It said if allowed to enter, she might attempt to preach hatred among the public and disrupt the law and order.

Besides challenging the legality of the press note, Manzila plans to seek a court directive asking the government to 'remove all barriers to the former prime minister's entry'.

She argues that it is a constitutional right of a citizen to return home and the government simply cannot slap a ban on it. Like any other person, Hasina has all the right to face the charges brought against her, she added.

The AL chief left the country on March 15 on a personal visit to the US.

She was scheduled to return on April 23 by a British Airways (BA) flight. According to her plan, she reached London on April 19. But a day before her departure from Washington, the Bangladesh government issued a press note imposing restrictions on her return. It also asked different airlines not to fly her home.

Besides, the military-backed government had an arrest warrant issued against her. Despite the developments, Hasina went to the Heathrow on April 22 to take the scheduled BA flight. But the carrier declined to issue her a boarding pass.

The interim administration had reportedly warned that any airliner carrying her would not be allowed to land at the Zia International Airport.

A day after she had failed to leave London for Dhaka, a court suspended operation of the warrant for her arrest.

CALLS FOR BAN WITHDRAWAL
The SC lawyers expressed grave concern over the restrictions on Hasina's return, UNB reports.

In their statement, they said, "No one can curb the constitutionally guaranteed rights of Sheikh Hasina by issuing the press note."

The lawyers observed that the restrictions not only undermined the image of the former premier, but also harmed that of independent and democratic Bangladesh across the world. Those should be lifted immediately to uphold the rule of law and democratic dispensation.

The signatories to the statement include Barrister Shafique Ahmed, Mahbubey Alam, former law minister Abdul Matin Khasru, Abdul Baset Majumder, Khandaker Mahbub Hossain, Rahmat Ali, Sahara Khatun, Abdul Mannan Khan, Subrata Chowdhury and Enayetur Rahim.

Our staff correspondent adds: The 31 intellectuals in their statement said, "It is illogical to curtail the fundamental rights of a citizen to live in their motherland through this sort of ban."

"Justice, rule of law and the protection of people's fundamental rights are among the core commitments of Bangladesh's constitution," read the statement signed by prominent academics, writers, rights activists and a former adviser to caretaker government.

"But, we have observed with deep concern that the current caretaker government has imposed a ban on the return of former prime minister and Bangabandhu's daughter Sheikh Hasina," it continued.

It is the state's duty to give her the right to defend herself if allegations against her are to be resolved through legal means, noted the intelligentsia.

They urged the caretaker government to "remove all obstacles to Hasina's return and end the people's concern".

The signatories are Prof Serajul Islam Choudhury, Syed Shamsul Haq, Shamsul Huda Harun, Belal Chowdhury, Rafiqunnabi, Hashem Khan, Shamsuzzaman Khan, Ramendu Majumder, Iqbal Sobhan Chowdhury, Ataur Rahman, Mamunur Rashid, Mahadeb Saha, Nirmalendu Gun, Atiur Rahman, Nasiruddin Yusuf, Anwara Syed Haq, Khushi Kabir, Sultana Kamal, Ferdousi Priyabhashini, AAMS Arefin Siddique, Abul Barakat, Harun-ur-Rashid, Muntasir Mamun, Shahriar Kabir, AHKS Arefin, Asad Chowdhury, Rabiul Hussain, Golam Quddus, Aslam Sani, Dr Kamrul Hasan Khan and Muhammad Samad.

Sammilito Nari Samaj, a women's civil rights group, in a press release said it feels sending the top two leaders into exile will not be positive for politics.

It observed, "The people will judge the past and the future roles of both the leaders."

"Sammilito Nari Samaj thinks that the present government's effort to bring reforms in the politics by sending Awami League President Sheikh Hasina and BNP Chairperson Khaleda Zia into exile will not be positive for Bangladeshi politics," read the news release.

"The two leaders want to stay. One has expressed her desire to return home from abroad while another has taken a stance not to be forced out of the country," it stated.

"Therefore, we urge the caretaker government to take necessary steps to keep the two leaders in the country," it said adding that they should be handed over to the legal authorities if allegations against them were found to be true.

AL TO FACE BAN LEGALLY
The AL will not take the initiative to negotiate with the government about Hasina's homecoming. It, however, might consider participating in talks on the issue if the government comes forward, AL General Secretary Abdul Jalil told The Daily Star last night.

Asked about the news on Jubo League's procession that was aired by the BBC Bangla Service radio last night, Jalil, who will fly for Singapore on April 27 for a medical check-up, said he was not aware of it.

AL Presidium Member Motia Chowdhury said, "They [the government] earlier said that she [Hasina] could come back, but later imposed a ban. So, why should we go for negotiations with them?"

Talking to The Daily Star over phone, she said they would take the matter to the highest court and fight for the party president's return. "Under the present circumstances, we will try our best to fight the issue legally," said a confident Motia.

BA CLARIFICATION
UNB reports: The British Airways yesterday issued a clarification, saying that it could not carry AL President Sheikh Hasina from London to Dhaka on April 22 as it was necessary following a written notification from the Civil Aviation Authority of Bangladesh.

The airline came up with the clarification as Hasina wanted to know why she was denied a boarding pass on flight BA145.

James C Forster, manager facilitation, said the civil aviation notification stated that "Sheikh Hasina had been barred from entering Bangladesh."

He said the airline's right to refuse carriage is contained within General Conditions of Carriage (GCC) for passengers and baggage.

Quoting section 7, paragraph 16 of GCC rules, he said an airline may refuse to carry even a passenger with valid travel documents if the immigration authorities for the country he/she is travelling to told them (either verbally or in writing) that they have decided not to allow him/her entry to that country.