Md. Rizwanul Islam

Improving Access to and Increasing Engagement with Judgments

In general, the research conducted by the legal academe in Bangladesh has not engaged with judgments as much as is the case in some other jurisdictions.

The hazards of (extensive) trial by bureaucrats

The recent apparently appalling arrest of Dhaka Tribune journalist, Mr Ariful Islam has been the talk of the town.

Protection of the identity of victims in judgements

Provisions designed for the protection of the identity of victims of crimes and witnesses in one form or another can be gleaned in many legal systems of today.

The myth of tough punishments and crime prevention

It has been somewhat fashionable in our country to demand tough punishments as a prevention tool for crimes that society abhors. In view of the apparently increasing rate of rape, some observers have demanded capital punishment for perpetrators of rape. Even

Some traffic laws & scant regard for the mass

In the current era of indirect democracy, it is accepted that the laws and policies would be made, not by the people themselves but by their representatives.

A preposterous directive on the apprentice lawyers

The delay in the advocate enrolment examination has already fermented deep frustration among many aspiring lawyers rightfully

Restraining Coaching business or teachers?

On 7 February 2019, the High Court Division (HCD) delivered a judgment on the legality of a policy promulgated by the Ministry of Education (MOE) in 2012 on limiting the involvement of teachers in the coaching business.

The over-use of NIDs in Bangladesh

Recently, the policymakers have circulated the idea of the compulsory use of national identity card (NIDs) for purchasing something as

STRINGENT RECOVERY SYSTEM

Media reports sometimes claim that the law for recovery of non-performing loans (NPL) as crafted in the principal law in force in this regard, the Money Loan Court Act, 2003 (MLCA) is too soft towards the borrowers.

The delisting, suspension of trading in shares and the regulators

On 18 July 2018, the Dhaka Stock Exchange Limited (DSE), delisted the shares of Rahima Food Corporation and Modern Dyeing Limited.

Legal remedies for professional negligence of lawyers

Seeking remedies for professional negligence is a relatively less explored area in Bangladesh.

Why a dispassionate & thorough investigation is required

Many may say that the way the out-going Chief Justice Sinha has resigned from his office may have saved our highest court from a

THE LACK OF DISSENT IN JUDGMENTS

Despite our biological similarities, all of us are somehow unique; the same goes even for twins who would have

Diminishing quality of law reports in Bangladesh

Studying law reports is an inseparable part of the engagement with the law. Everyone dealing with the law in any professional capacity

Jurisdiction in company matters

It is commonly perceived that the High Court Division (HCD) has original statutory jurisdiction in company matters and the perception

Shoddy information on packets of tobacco products

Anyone comparing the packets of tobacco products in Bangladesh and some other countries may notice that the packets in

LIABILITY FOR CORPORATE CRIMES

In recent years, the liability for crimes committed by companies has been a matter of intense scrutiny in many

No photograph policy of retailers

Shoppers of retail stores would have noticed that many of these stores insist on a policy of not taking photographs within the store.

An assault on state immunity

On 28 September 2016, ignoring the veto of the then US President Barack Obama , both houses of the US Congress enacted the Justice Against Sponsors of Terrorism Act (JASTA).

For greater protection of consumers

The victimisation of consumers by some form of negligent or shoddy dealings is a common problem not just in

Refining the recruitment process for public universities?

Apart from politics and other extra-academic issues, a problem with the recruitment process in public universities is that it heavily relies on academic results of the candidate. But almost all of the world's best universities would rather put much more emphasis on the research potential and record of the applicant.

Futility of cosmetic road safety measures

Only around a year or so ago, three-wheelers were banned from plying on highways.

DARUL IHSAN CASE AND LLB: Directives or Obiter Dicta?

The 13 writ petitions relating to the management of internal and external affairs of Darul Ihsan University (DIHU) which has led

Restoring the credibility of grades in SSC and HSC examinations

News media all over the country have reported that the results of Higher Secondary Certificate (HSC) and Secondary School Certificate (SSC) examinations would, from now on, be published not just with the letter grades but with the marks obtained.

The justifiability of BCB playing hardball

It is not very often that I can laud the Bangladesh Cricket Board (BCB) for its professionalism or foresightedness.

Is legal education in private universities truly substandard?

A broad-brush branding of the quality of legal education in private universities may please many and may perpetuate some myths, but probably would make little contribution to the improvement of the real quality of education. It would also fail to respond to the irregularities or lackings. Rather, any perception-based, dismissive attitude would accentuate a futile categorisation which would not be conducive for any meaningful, rigorous assessment.

Restraints on the judge-made law

The role of the judges in the course of interpretation of law has at times been controversial, not just in Bangladesh but also in many

The need for calm and reason

By delaying the formulation of a detailed law, the Parliament may have missed an opportunity to allay some of the concerns relating to the 16th Amendment. For instance, the Chairperson of the Law Commission commented that the proposed law on the detailed procedure for impeachment of the judges would have contained a provision that Article 70 of the Constitution would not apply in voting on the issue of impeachment.

Do government websites have enough public information?

Partial reporting would actually create only a mirage of transparency, missing the opportunity of achieving the full potential of the information which is made available to the public.

Panama Papers and some inconvenient truths

Politicians from developed and less-developed economies alike publicly talk tough on the use of offshore financial arrangements and tax-dodging, and vow to combat it. However, they have rarely walked the talk, which is perhaps hardly surprising.

The Ban on Bowlers

The banning of the bowling actions of two Bangladeshi players of the national team have not only incensed millions of Bangladeshi cricket fans but even the skipper of the Bangladesh national cricket team, Mashrafe Bin Mortaza.

The (not so) dignified exit of a dignified man

Without detracting from the undeniable fact that as the governor of the BB, the buck stopped with him, it may be fairly said that the 'graceful' exit of Professor Rahman has probably raised more questions than it has resolved.

Delegated Laws in Bangladesh

Delegated legislations are in some ways a familiar paradox in modern liberal democracies. On the one hand, in essence, they being laws

Bureaucratic red tape and investment: An SC decision

Investment (both foreign and local) for setting up industries is typically considered as an engine for creation of jobs and economic development. Government agencies in Bangladesh often claim that the government is very keen on promoting investment.

A culture of disdain for farmers

Most farmers in this country are cash-strapped but they are not by any means unsuccessful or less civilised than the rest of the community.

Epitomising mismanagement in public banks

Much has been written about the alleged banking scams in HallMark Group and also about the swindling of public money in BASIC Bank. These incidents appear to be outright scams and the magnitude of the money and people involved in them are very worrying and surely they entail outright squandering of

Policy for domestic workers - Welcome beginning to a long journey

Almost all employees in the formal sector would complain about the denial of their legal rights if their official holidays are curtailed; but it would be very difficult to find anyone among these employees who would even think that the persons working in their homes are entitled to paid leave and holidays as well.

Stretching the boundaries of HR

It is common knowledge that authoritarian regimes (both unelected regimes and elected regimes subsequently turning into tyrannies)...

A discouraging message to South Asian exporters

It is not improbable that the investigation on exports from Bangladesh and Nepal has been triggered not by unfair trade practices of exporters but by their ability to compete efficiently.

Perplexing choice about security

The postponement of the Australian national cricket team's tour to Bangladesh has dealt a blow to the Bangladesh Cricket Board (BCB)

Giving the noble profession its due

Possibly most people with some degree of familiarity with the state of education in primary schools in Bangladesh would acknowledge

Wither BIMSTEC FTA

Many laypersons may not be aware that what is typically touted as a 'FTA' has often much less to do with free trade and more to do with preferential trade.

A UNIQUE SOURCE OF LAW (!)

Clearly, astute politicians can feel the vibes of the people and what would win votes for them. They know that many of us are very keen on instant gratification of the desire for justice. As long as a 'wrong' is punished, many of us are too eager to be oblivious to the trivial nuances of the modes or forms of punishment or the identity or motive of the punisher.