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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: 38
September 29 , 2007

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Law week

Bangabandhu murder case
SC lets death row prisoners appeal
The Supreme Court granted the applications by the condemned prisoners in the Bangabandhu murder case seeking leave-to-appeal against their death sentences. A thee-member Appellate Division bench, headed by Justice M Tafazzal Islam, passed the order and asked the petitioners to file regular appeal by October 30. Besides, the court extended its stay on the execution of the death sentences until October 30 next. The condemned petitioners are Lt Col (sacked) Syed Farooq Rahman, Lt Col (retd) Sultan Shahriar Rashid Khan, Lt Col (retd) Muhiuddin Ahmed, Lt Col (retd) AKM Mahiuddin Ahmed and Major (retd) Bazlul Huda. Bangabandhu Sheikh Mujibur Rahman was assassinated along with most of his family members on August 15, 1975. A case was filed after two decades on October 2, 1996. On November 8, 1998, a trial court awarded death sentences to 15 retired and dismissed army personnel for the carnage. The High Court also upheld the capital punishment of 12 army men. Of them, five are now in jail, one died and the rest are still at large.-- Unb, Dhaka, September 24.

Constitution council to be set up to ensure fair selection
The caretaker government is looking to form a national constitutional council to ensure appointments to constitutional posts are made in a transparent manner. A draft ordinance titled National Constitutional Council Ordinance, 2007 is now at the law ministry for further scrutiny after the council of advisers sent it back there. The move comes in response to recent instances of controversy over appointment of judges, chief election commissioner (CEC), election commissioners, chairmen and members of the Public Service Commission (PSC) and Anti-Corruption Commission (ACC). Law and Information Adviser Mainul Hosein said the convention of the president's consulting the chief justice about the High Court judge appointments had been barely followed. Giving appointments to the constitutional posts has rather become secretive. “We need to ensure transparency in the process. We all have seen what the situation was at the Election Commission,” he told reporters. Observers blame the last year's political turmoil on choosing partisans lacking qualifications for the constitutional posts especially those of the CEC and election commissioners. --The Daily Star, September 24.

ACC seeks setting up 5 more special graft courts
The Anti-corruption Commission (ACC) has filed separate cases against former minister Shajahan Siraj and his wife Rabeya Siraj, three former lawmakers, some of their family members and a former member of the Public Service Commission (PSC). The other accused are former Awami League (AL) lawmaker Sheikh Helal and his wife Rupa Chowdhury, former AL lawmaker Haji Mohammad Selim and his wife Gulshan Ara Begum, former AL lawmaker Kamal Ahmed Majumder and former PSC member Prof Mahfuzur Rahman. The cases were filed under different sections of the ACC Act, 2004 and the Emergency Power Rules (EPR), 2007, accusing them of accumulating wealth illegally and concealing information and giving false information in their wealth statements submitted to the anti-graft commission. Meanwhile, as the number of important and sensational cases increased, the ACC sent a letter to the law ministry recently with recommendations for setting up five more special courts for quick disposal of the cases. "The number of special courts will be increased, as we want to complete our ongoing works within the stipulated time," said ACC Secretary Mukhles Ur Rahman during a press briefing at the ACC head office. He gave a brief account of the new cases earlier. The ACC filed the case against former forest and environment minister Shajahan Siraj and his wife Rabeya Siraj in connection with concealing information about their wealth and properties worth about Tk 4 lakh. Assistant Director of the ACC Khairul Huda filed the case with Ramna Police Station.-- The daily Star, September 25.
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Polls before Dec 2008 possible on EC action
US congressman Joseph Crowley on Sunday calls on Chief Adviser Fakhruddin Ahmed at a New York hotel. Fakhruddin is in the US to attend the 62nd session of the United Nations Chief Adviser (CA) Fakhruddin Ahmed has said the next general election in Bangladesh could be held before the set deadline of December 2008 if the Election Commission (EC) completes all process in line with its road map. The CA made the remarks when US Congressman Joseph Crowley made a courtesy call on him at his hotel suite in New York. Crowley, co-chair of Bangladesh Caucus in the US Congress, appreciated the government's flexibility to hold the election earlier than the announced timeframe. Fakhruddin said the government has undertaken a gigantic task of preparing electoral roll with photograph of 90 million voters of Bangladesh within the short time, as he knows that this had not taken place in any country of South Asia. About the Election Commission's preparation to hold elections to the city corporations, he told Crowley that election activities would start from next January. CA's Press Secretary Syed Fahim Munaim, who briefed reporters, said Crowley appreciated the move and also appreciated the lifting of ban on indoor politics. The US congressman elected from a New York constituency praised the caretaker government's action for curbing corruption and said negative image of Bangladesh due to corruption is now disappearing. --Unb, Dhaka, September 25.

Prisoner flees from cop custody
A prisoner fled from police custody in Chittagong while being produced before the court.

Mohammad Khokan, the prisoner, was an accused in a case filed under Speedy Trial Act with Doublemooring Police Station. Iqbal Hossain, jailor of Chittagong jail, quoting police said the accused somehow managed to unlock the handcuff and fled while entering the courtroom and mingled into the huge crowd on the court premises. Assistant Commissioner (Prosecution) Mohammad Farid could not be contacted for comment.-- The Daily Star, September 25..


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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