Committed to PEOPLE'S RIGHT TO KNOW
Vol. 5 Num 11 Mon. June 07, 2004  
   
Metropolitan


Govt plans to amend contempt of court laws
Provision of Penal Code under sections 501 and 502 not under consideration


Law Minister Moudud Ahmed at a press conference yesterday said that the government was considering updating the contempt of court laws and the amendments would be placed before the cabinet for approval shortly.

But he didn't elaborate on the nature of the amendments.

But amendment to provision of the Penal Code under sections 501 and 502 is not under consideration now as Moudud said there were "split opinions" in this regard. These two sections, related to punishment for defamation, hang like sword of Damocles over the heads of journalists.

Narrating successes and achievements of his ministry in brining reforms and enacting new laws to make the judicial system more dynamic and timely and to ensure access to justice, Moudud said many a step had been taken in last two and a half years of the alliance government.

He termed Speedy Trial tribunals, Alternative Dispute Resolution (ADR) system, Legal Aid, Artho Rin Adalat and other reforms and enactment of new laws "historic achievements" of the ministry.

During 193 sitting days in 11 sessions of the 8th parliament, the House has passed 93 laws--25 of those related to financial reforms that were "very important".

At a press conference he said that legal framework for the much-talked-about separation of judiciary would be completed within two or three months, but appointing judicial cadres would take about six years.

About the installation of an independent Anti-Corruption Commission, another much-sought-after measure in the direction of good governance, Moudud said the formation of the commission is under process, and the select committee for choosing commission members had already been formed.

And other preparations are afoot. A criminal law amendment act will be placed before the cabinet today and it will be passed in the next session of parliament, he said.

Giving statistics, he said at the Speedy Trial Tribunals 366 cases had so far been disposed of and 166 people handed down capital punishment. And 23 of the disposed cases were sensational.

About the ADR, he said the law that came into effect on July 1 last year helped settle 2,654 cases amicably till May 31 this year. This not only saved time but also money, he added.

He said with the Artho Rin Adalat law having taken effect on May 1 last year, 21,818 cases were disposed of and financial institutions so far could realise approximately Tk 800 crore.

He said the government provided legal aid to 10,101 people for which 1,807 lawyers were listed in the panel of lawyers.

To a question about the Official Secrets Actwhich journalists say holds back information--Moudud said the law would be further examined and obstacles to free flow of information would be removed.

About the power to arrest any person on suspicion under section 54 of the CrPC, Moudud said such law exists in almost all the countries of the world. "Problem with this law in this region is about misuse and misapplication, and a suggestion has been sent to the home ministry to rationalise the law, not to repeal it," he added.

About death-reference cases, he said the backlog of such cases would be over as five Division Benches, with all logistics, like preparation of paper books by computer, had been set up.

He said in last five months 66 death reference cases had been disposed of by the High Court, as two paper books are being prepared a week in a speedy process, which he said was impossible in the past.

To a question about the Bangabandhu Murder Case, Moudud denied any failure of the government. He said the case is with the Appellate Division and questioned why those who are concerned about the case are not approaching the court.

He said independent interrogation cells had been set up on an experimental basis in 30 police stations to make the police report on cases more effective as, for weak collection of evidences and witnesses, only 15 per cent cases could come to the higher judiciary.

Moudud said proper judicial system is a precondition for establishing the rule of law and good governance and the present government is determined to ensure it.

State Minister for Law Shahjahan Omar and high officials were present at the press conference.