Law
Week
Vandalism at SC
A Dhaka court accepted the charge sheet of the case filed against eminent lawyers Dr Kamal, barristers Amir Ul Islam, Rokanuddin Mahmud and 10 others for vandalising on the Supreme Court (SC) premises on November 30 last year. The court also granted the petition filed for exempting Dr Kamal and 11 others from appearing in person before the court on different dates of the case. Dr Kamal and 11 others were present in the court during the passing of the order regarding exemption from appearing in person. After scrutinising the case docket (CD) and other relevant documents, Metropolitan Magistrate Towfiqul Islam accepted the charge sheet and issued an arrest warrant against another accused Habibur Rahman, an outsider, as he has been absconding since the incident. Earlier on December 22 last year, Detective Branch (DB) Inspector Naimur Rahman, who is also the investigation officer (IO), pressed charges against 13 including Dr Kamal, Amir and Rokan, showing 28 people as prosecution witnesses. The Daily Star, January 15.
BNP clique trying to change president
A section of BNP leaders are making moves to change the president, who holds the defence portfolio during the tenure of the caretaker government with the authority of transferring and promoting the armed forces personnel. Losing confidence in President Iajuddin Ahmed, BNP is lobbying for a new face in the presidency believing that a change might help it in the upcoming election. Iajuddin's last speech frustrated the BNP leaders and now they want someone 'more loyal' to them in the presidency, sources said. The leaders who want to change the president believe that the speaker of the last parliament might act more favourably to BNP if made the acting president following resignation of Iajuddin. The BNP leaders already sent a massage to the president expressing their desire. A senior official of Bangabhaban met Speaker Jamiruddin Sircar, who is supposed to act as the president in absence of Iajuddin, sources said. A BNP delegation led by Salahuddin Quader Chowdhury, parliamentary affairs adviser to the immediate past prime minister, held a three-hour long meeting with the Speaker in his office in the parliament complex. The Daily Star, January 16.
Oriental Bank
ACC leaves out key man
The Anti-corruption Commission (ACC) filed 29 cases against 14 'culprits', who had swindled Oriental Bank, but mysteriously left Obaedul Karim's name out of the list, who had been categorically named as the key swindler in the Bangladesh Bank (BB) investigation report. The ACC however claimed to The Daily Star that more cases will be filed and the 'main culprit' will be charged based on the BB investigation. The BB investigation implicated Oriental Bank's majority shareholder and chief of Orion Group, Obaedul Karim, in misappropriation of Tk 596.60 crore in collusion with his bank's high officials and some managers. An ACC official noted that the commission filed the cases against the 14 in connection with siphoning of Tk 33.30 crore from Oriental based on its own findings. When it filed the cases on December 28 and 29, it did not have the BB investigation report in hand. "We repeatedly asked the central bank to give us the investigation report that had been filed in September. But the central bank delayed its response and gave us a copy on December 30, coinciding with the Eid holidays. That's why Obaedul Karim's name was not incorporated in the first 29 cases," said an ACC official. The Daily Star, January 16.
Judicial probe of defamation case against Hasina stalled
A Dhaka court adjourned the judicial inquiry of a defamation case filed against Awami League (AL) Chief Sheikh Hasina until March 15 as BNP Senior Joint Secretary General Tarique Rahman could not appear before it. Metropolitan Magistrate ABM Abdul Fattah passed the order following a time petition by the defence lawyers on behalf of the complainant. On December 19 last year, Tarique filed the case with the Chief Metropolitan Magistrate's Court against Hasina accusing her of conducting 'malicious campaign' against him. After hearing the petitioner, the court ordered judicial inquiry into the case without taking the matter into direct cognisance. In the complaint, Tarique said Hasina on November 3 told a public meeting at Paltan Maidan that he (Tarique) drove a Tk 2 crore car, wore suit worth lakh taka and squandered thousands of crore taka in gambling abroad. The petitioner said the news, which contained Hasina's remark and got wide coverage in the media, was false and baseless and aimed to dent his political image. The Daily Star, January 16.
Separation of judiciary in sight, at last
The newly appointed caretaker government in a landmark move published the gazette notifications of four rules relevant to separating the judiciary from the executive. The much-expected separation of the judiciary now requires only an amendment to the Code of Criminal Procedure (CrPC) as per the 12-point directive of the Supreme Court (SC) given in 1999. Earlier, President Iajuddin Ahmed, and the newly appointed chief adviser signed the documents of the four rules. The whole process was done in a hasty move as the Supreme Court (SC) deadline for publishing the gazette notifications of the four rules. The rules are, Judicial Service Commission Rule 2002, Bangladesh Judicial Service Pay Commission Rule 2002, Bangladesh Judicial Service (Service Constitution, Composition, Recruitment, Suspension, Dismissal and Removal) Rules 2002, and Bangladesh Judicial Service (Posting, Promotion, Leave, Control, Discipline and other Service Condition) Rules 2001. If the rules are implemented, the magistrates who work under the executive branch of the government now will come under the authority of the Supreme Court, and the lower court will also be free of government control. "We are preparing to amend the CrPC also as per the Supreme Court's direction," he said, adding that the task for preparing its draft has already been started. It now depends on the government when it will pass the amendment in parliament, he said. January 17, The Daily Star.
Corresponding with the Law Desk
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