Law
Week
Illegal VoIP denies country Tk 6,000 crore a year
The government is likely to impose financial penalties and regulatory punishment on mobile phone companies for their involvement in illegal VoIP operation which has deprived the nation of huge tax and revenue for several years, telecoms ministry sources said. Beginning from January, the Rapid Action Battalion (Rab) has busted several dozen illegal VoIP operations and some of these surprisingly lead directly or indirectly to GrameenPhone (GP), Aktel and Banglalink. Further investigations are going on against other phone companies. The government has already filed cases against the GP, Aktel and Banglalink for illegal VoIP operation. These operations have deprived the national exchequer of an estimated annual overseas call revenue and tax amounting to over Tk 6,000 crore. Sources in mobile phone companies however said not that payment of all this money was evaded as they paid taxes for all the calls. Sources in the companies also blame Bangladesh Telecom Regulatory Commission (BTRC) for its deliberate delay in issuing VoIP licences and Bangladesh Telegraph and Telephone Board (BTTB) for not installing adequate International Trunk Exchange (ITX) to handle growing foreign calls over the years. The Daily Star, April 8
Allegation of patronising militants
Complaint against Rajshahi mayor
A complaint was lodged against four people including Rajshahi City Corporation Mayor Mizanur Rahman Minu and former post and telecommunications minister barrister Aminul Huq accusing them of aiding and abetting militants of the banned Islamist outfit Jama'atul Mujahideen Bangladesh (JMB). The other two accused in the complaint are former deputy commissioner (DC) of Rajshahi Aziz Hasan and then Rajshahi superintendent of police (SP) Masud Miah (dismissed in 2006). Advocate Moazzem Hossain from Mollahpara of Rajshahi city lodged the complaint with Rajpara Police Station in Rajshahi. Police officially received the complaint and sent it for home ministry's recommendation as to whether the complaint can be filed as a regular case. The compliant has many components for it to be filed as a sedition case, said a senior police official. This is the first complaint filed against mayor Minu implicating him with JMB.
In his complaint, advocate Moazzem said on May 23, 2004, assisted by the accused four -- mayor Minu, barrister Aminul, DC Hasan and SP Masud -- JMB leaders Prof Lutfar Rahman, Mahtab Khamaru, Abdus Sattar, Jalil Amin, Natib Lutfar and others gathered around 2,000 militant activists from Rajshahi and its adjacent areas and marched toward Rajshahi city. The Daily Star, April 9.
Hasina sued for extortion
Former prime minister and Awami League (AL) chief Sheikh Hasina was sued in connection with an extortion of Tk 3 crore. Tajul Islam Farook, chairman of Westmont Power Company, filed the case with Tejgaon police station under the non-bailable sections of the penal code. In the case Tajul brought allegations against Hasina of extortion and abuse of power in 1998, when she was the prime minister. Hasina, who is now on a visit to the US, recently made some comments there criticising the non-party caretaker government and the Election Commission for 'delaying' the next general election on 'different pretexts'. She is supposed to return home on April 26 or 27. The case was filed at 4:15pm yesterday, but Tejgaon police officials refused to comment on it. If the prima facie case is proven to be well-founded through investigation, an arrest warrant will be issued against the former prime minister, according to the law. The case was filed under sections 385, 386, 387 and 109 of the penal code. In accordance with the sections, a person can be sentenced to five years to life in jail if the court finds him or her guilty. According to the constitution a person is not eligible for contesting in elections, if s/he is convicted of a crime and sentenced to at least two years in prison on charges of moral turpitude, unless five years have passed since his or her release from jail. The Daily Star, April10.
Govt further changes emergency rules
The caretaker government has brought further amendment to the Emergency Powers Rules 2007 to provide for bail in some cases under the penal code. A gazette notification was issued to that effect. According to the revisions, persons facing trial for offences specified in the rules however will not be entitled to seek bail at any stage--from the first information report to the judgment. This is the third time changes have been made to the rules framed under the Emergency Powers Ordinance 2007. Earlier on March 21, the government promulgated an amendment, suspending the rights to petition for bail and seek redress from any higher court until a case is resolved in a trial court. It caused uproar among the lawyers, litigants and rights activists. In the section pertaining to bail, the amended ordinance says, "Regardless of whatever is stated in sections 497 and 498 of the Criminal Procedure Code or any other law, an accused under the Emergency Powers Ordinance will not be released on bail during the enquiry, investigation and trial of the case against that person." The offences under the emergency rules include corruption, smuggling, hoarding, black-marketing, money laundering, illegal possession of firearms, explosive substances, foreign currency, and narcotics, tax evasion and other crimes considered a threat to security of the state, people and the economy. The second amendment [March 21] had suspended the right to bail also for those accused of offences under the penal code. Following that, no hearing on bail petitions in cases filed under the Arms Act, Explosives Substances Act, Foreign Exchange Regulation Act and Penal Code has taken place in any court of the country. The Daily Star, April 10.
EC to talk reforms with civil society
The Election Commission (EC) cannot proceed with its plan for holding dialogues with political parties to seek their opinion on several crucial electoral issues as the government has yet to decide about withdrawal of the embargo on indoor politics. The EC has however planned to start dialogues with the civil society groups at the end of this month for their opinion on the proposed electoral reforms and time limit for simultaneously preparing the voter list with photographs and national identity cards. "We will sit with the civil society groups in the third or fourth week of this month. We will sit with the political parties as soon as the embargo on indoor politics is withdrawn," Election Commissioner Sahul Hossain told reporters at his office. "But the government has not said anything about withdrawal of the embargo on indoor politics. We would wait for the government decision," he added. Chief Election Commissioner (CEC) ATM Shamsul Huda at a meeting with the law adviser on last Wednesday asked the caretaker government to withdraw the embargo on indoor politics so that the EC can hold dialogues with the political parties. On March 7, the government imposed the embargo in addition to the restriction on political activities following the proclamation of emergency on January 11. At the planned dialogue this month, the EC will seek opinion from the civil society groups on the time limit for the implementation of the voter list project. The Daily Star, April 10.
Corresponding with the Law Desk
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