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“All Citizens are Equal before Law and are Entitled to Equal Protection of Law”-Article 27 of the Constitution of the People’s Republic of Bangladesh



Issue No: 222
January 7, 2006

This week's issue:
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Law Week

SC Bar accuses CEC of violating constitution
The Supreme Court Bar Association (SCBA) accused Chief Election Commissioner (CEC) Justice MA Aziz of violating the constitution by not taking into confidence the two other election commissioners in the matter of preparing the voter list. "The CEC's initiative to make a fresh voter list ignoring the opinions of the two other election commissioners is a suicidal step for democracy and future elections in this country," SCBA Secretary M Enayetur Rahim told a press briefing at the South Hall of the SCBA.
The two other election commissioners are being excluded as per the ruling alliance blueprint for the next elections, Rahim said in a written statement, adding, "The controversial process by the controversial individuals is being done under the suggestions and influence of a sinister force within the commission secretariat." The CEC's attempt to expedite the fresh voter listing process, before the disposal of the two writ petitions, expresses lack of confidence in and disrespect for the court, the SCBA secretary said. -- The Daily Star, January 1.

Enumeration starts amid agitation
Work for the controversial fresh voter list by the manpower appointed mostly on political consideration began amid demonstrations by the main opposition Awami League (AL). Over two lakh enumerators started collecting information about the prospective voters across the country while in the capital at least 25 people were injured in a clash between police and the activists of AL's youth front trying to lay siege to the Election Commission (EC) secretariat. According to our correspondents from across the country, the first day's business was marked by confusion and lack of co-ordination among the enumerators as well as the public. People showed little interest to be on the list of would-be voters while there were hardly any campaign by the commission to generate public awareness to this end. In some places, up to 40 percent of voters were reported to be enlisted while in many other areas no enumeration staff was found to be in the field. Especially the uncertainty stemming from two writ petitions pending over the preparation of a new list seems to have dampened the enthusiasm of the enumerators. Allegations of excluding individuals belonging to minority communities were also rife, report the correspondents. -- The Daily Star, January 1.

HC Rule on Govt. why EC Secretariat under PMO won't be illegal
The High Court issued a rule on the government and the Election Commission (EC) asking them to explain why the functioning of EC Secretariat under the jurisdiction of Prime Minister's Office (PMO) will not be declared illegal. The court also asked them explain in three weeks why government's formulation of rules for the EC will not be declared illegal and unconstitutional as the Constitution and the Representation of the People Order 1972 empower the EC to formulate its rules. The HC rule came after hearing of a writ petition filed by Awami League General Secretary Abdul Jalil challenging Election Commission (Officers and Staff) Rules 1979, its amendments and the provision that put the EC Secretariat under the PMO. Barrister Amir-Ul Islam moved the petition in the court. The respondents in the rule are the Election Commission, chief election commissioner, election commissioners AK Mohammad Ali and M Munsef Ali, secretaries of the EC Secretariat and the Ministry of Establishment. -- Prothom Alo, January 3.

No plan yet to make EC independent
The government has no plans to make the Election Commission (EC) secretariat independent and separate from the prime minister's office (PMO) while the chief election commissioner (CEC) has yet to put forth the reform proposals that he had announced to do. The six-point reform proposal submitted by the former CEC to the president remains shelved for the last seven months. The proposals include the all-important one -- an independent secretariat for the commission. The EC, which on numerous occasions had faced difficulties in conducting polls freely due to interference from the executive, drew up the reform proposals in last May. But recently, the government has dismissed the possibility of bringing about any reforms in the electoral system. Law Minister Moudud Ahmed last month made it clear again that the government has no plans for reforms. -- The Daily Star, January 3.

Progress in Bomb Blast Probes Govt gives flimsy report to HC
Government is playing hide-and-seek, as it makes public almost nothing of the probe findings into the bomb attacks and keeps the High Court (HC) in the dark about the key features of the progress in investigations violating an HC order. On a writ petition an HC bench on November 30 ordered the government to submit progress reports on the investigations into the bomb attacks since August 17 to it every two weeks. Accordingly, the government did submit two reports on December 13 and 27. But, the almost identical reports contain some statistics only. In no way they describe or facilitate getting a picture of the progress made in the probes. The petitioner, Bangladesh Bar Council Human Rights Committee Chairman ZI Khan Panna, said they are considering taking legal steps against what he termed the incomplete reports. "We'll ask the court to judge whether the reports are acceptable at all," he told The Daily Star. -- The Daily Star, January 4.

Brac engineer gunned down in Afghanistan
Gunmen shot dead a Bangladeshi aid worker after his prayers at a mosque in volatile southern Afghanistan, a provincial official said. Mir Wais was gunned down Monday in Lashkargah, the capital of insurgency-hit Helmand province, deputy governor Moheedin Khan said. The victim was an engineer with the Brac (Bangladesh Rural Advancement Committee), which builds schools, roads and clinics in rural areas of the poverty-stricken country. Details about the dead could not be known. The Afghan interior ministry said the area had been sealed off by intelligence agents and the police. No one claimed responsibility for the attack but similar killings in the past have been blamed on remnants of the hardline Islamic Taliban regime. -- Agencies, Kandahar, Afghanistan, January 4.

Huge arms haul in Bandarban forest
Security forces captured three Arakan rebels and seized a big cache of arms and ammunition, including light machine gun (LMG), AK47 and M16 automatic rifles, from a den in the remote forests of Naikkhongchhari in the district. The cache includes one British-made LMG, one AK47 and five M16 rifles, two .303 rifles, seven Pakistan-made guns, 32 magazines and 7,000 bullets, said an official handout. All the three members of the Arakan Liberation Party-- Ka Aong, 40, Aong Theong, 25, and Tcha Thoang Ching, 25 --hailing from Ghayagong village of Mongdu thana under Akiyab district of Myanmar, the handout said. This is the first time the law enforcers have disclosed the identity of any rebel although they have so far arrested around 30 foreign nationals from the Bangladesh-Myanmar border areas. Acting on a tip-off, a joint team of army and Bangladesh Rifles (BDR) raided the terrorist den on a hill of Bakkhali area, some 12km away from Bandarban sadar, and made the recovery. -- The Daily Star, January 4.


Corresponding with the Law Desk
Please send your mails, queries, and opinions to: Law Desk, The Daily Star 19 Karwan Bazar, Dhaka-1215; telephone 8124944,8124955,fax 8125155;email <[email protected],[email protected]

 
 
 


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