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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: 243
June 24, 2006

This week's issue:
Human Rigths Analysis
Star Law analysis
Law Opinon
For Your Information
Law Week



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Law Week

Govt aims to execute militants before tenure's end
Banking on people's expectation of punishment to the militants, the government aims to carry out the execution of top militant leaders before its tenure ends by quickly disposing the cases filed against them in order to achieve political gain. The government has said it will try to execute the verdict as early as possible "to root out the militants from the land". Many think executing the verdict before the end of the tenure will "brighten" the image of the alliance government and may have a positive impact on the next parliamentary election. "It will be a very effective weapon for the ruling four-party alliance during its election campaign," said a ruling party policymaker, noting that the coalition's campaign will bank on its successful fight against the militants. Besides, execution of the verdicts before handing over power will also enable the government to counter the local and foreign criticisms that some ruling leaders directly patronised and had links with the militants, he said. If the death reference bench maintains the serial, the hearing of the Jhalakathi judges killing case is not likely to be held before 2009 as preparation of paper-book and hearing of death reference of different cases of 2003 are going on at present. --The Daily Star, June 19.

Law needed to prevent syndicated trading
The government should build a strong institutional capacity within the framework of free market economy to control prices, a post-budget discussion was told. It also stressed the need for enacting a law to prevent syndicated trading, making it illegal. The recommendations came from the discussion between the country's leading economists and Economic Reporters' Forum (ERF) at the Jatiya Press Club amid concerns that the inflation rate will go beyond the 6 percent level, as projected in the budget proposal. It was observed at the meeting that tariff-cuts on import of essentials do not work out as the trade syndicates determine the prices. Participants in the discussion pointed out that the finance minister also recognised in his budget speech that the tariff-cuts would not help reduce prices. Prof Abu Ahmed, Dr Atiur Rahman, Dr Hossain Zillur Rahman, Dr Abul Barakat and Dr Debapriya Bhattacharya took part in the discussion with The Financial Express Editor Moazzem Hossain as moderator. ERF Acting President Masumur Rahman Khalili gave address of welcome while General Secretary Nazmul Ahsan gave vote of thanks. --Unb, Dhaka, June 20.

EC decision on voter listing ignores SC verdict again
The Election Commission's decision to revise the existing voter list without visiting from door to door has ignored the significant part of the Supreme Court (SC) verdict and electoral laws, legal experts said. The SC in its May 23 judgment referred to the provisions of the electoral laws for revising the voter list by visiting door to door, but the Election Commission (EC) has repeatedly claimed that the court did not give any directive in this regard. According to the SC observation, the electoral rolls must be revised following the prescribed procedure in the Electoral Rolls Ordinance, 1982 and the Electoral Rolls Rules, 1982 that the enumerators will visit door to door to collect information about prospective voters. The supervisors will verify the information thus collected and then the registration officers will check at least 10 per cent information before publishing a draft voter list inviting claims and objections. The final voter list will be published at the end of this procedure, said legal experts. The Daily Star, June 21.

HC rule on govt
Why appointment of 2 advisers not illegal
The High Court (HC) issued two separate rules on the government to explain in three weeks why the appointments of two advisers in the government should not be declared illegal and unconstitutional. The advisers are Mahmudur Rahman, adviser to the Energy and Mineral Resources Division of the energy ministry, and Barkatullah Bulu, adviser to the Ministry of Women and Children Affairs. The HC also asked the government to explain under what authority Rahman and Bulu hold the office as adviser with the ranks and status of a deputy minister and state minister. An HC division bench issued the rules following two separate writ petitions filed by three Supreme Court lawyers -- Ruhul Quddus, Nahid Sultana and Abdul Mannan Khan. Respondents of the rule on the energy ministry are Bangladesh, represented by cabinet secretary, and the cabinet secretary. The respondents of the rule on Ministry for Women and Children Affairs are Bangladesh, represented by the cabinet secretary, and the joint secretary of cabinet division. The petitioners argued the prime minister and the cabinet is governed by the articles 55, 56, 57 and 58 of the constitution and the members of the cabinet are required to take oath before taking responsibility of the office. They said excluding the two advisers, the government appointed a number of advisers in several ministries, who assumed the so-called office and have been performing their official functions illegally without any constitutional sanctions. They have been exercising executive powers like a minister and have access to important and secret files of the government in the concerned ministries, involving national and international interests, illegally without taking any oath as ministers are mandated by the constitution, they added. --The Daily Star, June 21.

RMG violence
EC asks govt to find quick solution
European Commission (EC) urged the government to find out quick solution to the problems in the country's garment sector by arranging a national dialogue. During their meeting with Commerce Minister Hafizuddin Ahmed at his office, a two-member EC delegation headed by Stefan Frowein, ambassador of European Commission in Dhaka, and Charles Whiteley, first secretary of the commission, expressed their grave concern about the recent unrest in the garment sector. The commission representatives warned that if the government fails to manage the issues, there will be difficulties for Bangladeshi apparel products to enter the European market. They also demanded 100 per cent compliance of garment products from Bangladesh. The EC ambassador suggested that the minister arrange a national dialogue among factory owners, buyers, workers association, and government body to overcome the situation. "The buyers as well as consumers of European Union countries are very sensitive about the compliance issue and it which would be dangerous for Bangladeshi apparel exporters if they fail to ensure international standard environment in the garment factories," he said. Describing the worker's wages under the present structure as 'low', the ambassador said workers wages have to be adjusted with the rising price of essentials.--Prothom Alo, June 21.

Uttara Ahmadiyya families in panic as bigots vow to attack mosque
Twenty-two Ahmadiyya families in Uttara are passing days in panic as Khatme Nabuwat Andolon Bangladesh is set to attack their mosque to force the government to declare the Ahmadiyyas non-Muslim in the current parliament session. "We will mount pressure on the government in such a way that it will find no alternative to passing a law during the ongoing budget session to brand the Qadianis [Ahmadiyyas] non-Muslim," Noor Hossain Nurani, president of the anti-Ahmadiyya outfit, told The Daily Star. Different civil society and rights organisations have asked the government to take steps to stop the zealots from attacking the Ahmadiyyas and take action against them for spreading fundamental spite. The Ekatturer Ghatak Dalal Nirmul Committee (EGDNC) and civil society members have announced that they will stand beside the Ahmadiyyas to resist any attack by the zealots. The Khatme Nabuwat has been carrying out hate campaigns against the Ahmadiyyas across the country since November 2003 and recently announced that it will do whatever necessary to realise their demand. --The Daily Star, June 21.


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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