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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: 260
November 4, 2006

This week's issue:
Law Opinion
Law Alter Views
Fact File
Star Law Analysis
Law Event
Law News
Rights Column
Law Week



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Law Week

Retaliate in similar way, if attacked Khaleda tells rally
Former prime minister and BNP Chairperson Khaleda Zia asked people to remain alert against any move to foil the next general election and create constitutional crisis. She also urged her party men to retaliate in similar way if attacked by their political opponents. Urging all other political parties to help caretaker government hold a free and fair election, she said, "President has taken up the charge of chief advisor constitutionally". She was addressing a huge rally in front of the BNP central office at Naya Paltan to declare a three-day programme against anarchy and vandalism of 'the 14-party combine'. Dhaka mayor Sadeque Hossain Khoka presided over the rally, attended by a host of 4-party alliance leaders and thousands of workers. The BNP chairperson asked them to take serious preparation for a vote revolution in the upcoming polls. "We must go ahead with our roadmap for development," she said amid applauses and slogans from the audience. She accused the Awami League for killing 24 people in the last few days. "The caretaker government must have to take action against persons involved with these killings." "We showed enough of our patience and won't tolerate anymore. We know how to tackle someone trying to create anarchy. "From now on, if anyone tries to attack on my workers, we will hit back." Khaleda was also critical of the intention of her rivals about participating in elections. --The Daily Star, October 31.

Legal notice served on president
A legal notice was served on President Iajuddin Ahmed to refrain from performing as chief adviser to the caretaker government, the post he assumed on Sunday night in addition to his presidential responsibilities. Challenging his action, Advocate Manzill Morshid said the president has violated the constitution by assuming himself as chief adviser without exhausting the options laid down in article 58 C (3, 4 and 5). He urged the president to appoint a chief adviser to the non-party caretaker government in accordance with the constitution within three days, failing which he will move the High Court to protect the integrity of the constitution and rule of law. He termed Iajuddin's taking over the office of chief adviser unlawful and in disregard to the constitution. Soon after president's oath as chief adviser on Sunday night, legal experts including Dr Kamal Hossain, Barrister Amir ul Islam and Barrister Rafique ul Huq accused him of violating the constitution. --UNB, Dhaka, October 31.

Election, not resignation, on Aziz's mind
Brushing aside the possibility of resignation to pave the way to reconstitute the Election Commission (EC), Chief Election Commissioner (CEC) MA Aziz said holding a free and fair parliamentary election is the only thing in his mind. "Don't ask me such questions since I am not a politician. It is better to ask the politicians," Aziz responded to a query whether he was going to resign in the wake of the volatile political situation. "I think I am doing the right thing. I would have left if I thought I was doing something wrong," Aziz said. In an oblique reference to Awami League-led 14-party alliance's demand for his resignation, Aziz said each political party speaks for their own interests. "I am holding a constitutional post to give the country a free and fair election," he stated, adding that he was hopeful that he would be able to conduct the next parliamentary election in January. Aziz said very little time is left ahead of the next parliamentary election. A lot of time has been wasted and everybody knows the reasons for that, he added. "I hope the next parliamentary election will be held way before January 25, the deadline for holding the election. I have talked to the chief adviser. He asked me to make all efforts to hold the election in time," the CEC said referring to his conversation with the chief adviser on Sunday night. --The Daily Star, November 1.

First Council Meeting
Advisers talk ways to make EC effective
The council of advisers to the interim government in its first meeting started searching for ways to make the Election Commission (EC) factually effective by any means necessary to hold the next parliamentary election in a free and fair manner. On the first working day of the council, the advisers to the caretaker government headed by President Iajuddin Ahmed, reached a consensus that the EC must be made effective as holding a fair election largely depends on its capabilities, sources said. In response to the opinions of his advisers, the president also chief adviser to the interim government asked them to keep on thinking about all matters regarding holding a free and fair election, the sources added. "In fact, we are now heartily trying to find the means to make the Election Commission effective," an adviser told The Daily Star on condition of anonymity. The adviser however declined to make any instant comment on whether they plan to reconstitute the EC that has been mired in controversy raising questions about its ability to hold a fair election. Contacted by The Daily Star last night, Adviser Dr Akbar Ali Khan however said the issue of reform in the EC and the electoral laws is being discussed among the public, but no official measure has been taken yet in this regard. "We will chalk out probable measures for reforms and then if necessary will seek legal opinions," the adviser said.-- The Daily Star, November 2.

Taher Thakur among 18 charged with Aug 15 killings
A Dhaka court framed charges against 18 accused, including Taher Uddin Thakur, in connection with the 14 Murder Case of August 15, 1975 in Mohammadpur. Judge Mohammad Monzurul Bachhid of the Fourth Additional Metropolitan Sessions Judge's Court rejected the discharge petitions filed by the defence lawyers of the five accused and framed charges against them. Accused Taher Uddin Thakur, Lt Col Syed Farook Rahman, Lt Col Sultan Shahriar Rashid Khan, Lt Col Muhiuddin Ahmed and Major Bazlul Huda pleaded not guilty and demanded justice before the court after the judge read out the charges against them. The judge fixed January 25, 2007 for trial of the case and issued summons upon the complainant to appear before the court on that date. Fourteen people were killed by artillery fire on August 15, 1975 night at Mohammadpur when Bangabandhu Sheikh Mujibur Rahman was assassinated along with most of his family members in a bloody military putsch. The military personnel's, who were taking part in the putsch, artillery fire hit two housed in Mohammadpur and left 14 people dead. On the fateful night over 30 years ago, the army personnel who took part in the Bangabandhu killing operation also killed Habibur Rahman, Anwara Begum-1, Anwara Begum-2, Moyful Bibi, Sabera Begum, Abdullah, Rafiqul, Safia Khatun, Shahabuddin, Kasheda, Aminuddin, Honufa Bibi, Rezia Begum and her daughter Nasima in Mohammadpur. On November 29, 1996, Mohammad Ali, a resident of Sher Shah Suri Road, Mohammadpur, who was injured in the attack, filed the case with Mohammadpur Police Station against Lt Col Syed Farook Rahman, Lt Col Sultan Shahriar Rashid Khan, Major Bazlul Huda, Lt Col Khondaker Abdur Rashid, Lt Col Shariful Haq Dalim, Lt Col SHMB Noor Chowdhury, Maj AKM Mohiuddin Ahmed, Lt Col Abdul Aziz Pasha, Capt Abdul Majed, Capt Mohammad Kismat Hashem and Lt Col MA Rashed Chowdhury. -- The Daily Star, November 2.


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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