Law
week
Contempt of court, Anti-Money-Laundering Ordinance, 2008 ordinance okayed
The cabinet approved in principle the much-talked about Contempt of Court Ordinance to clarify the definition of contempt, enhance accountability of judges and reduce chances of future arbitrary rulings. The council of advisers also approved in principle the long-awaited Anti-Money-Laundering Ordinance, 2008, an ordinance to make the Bangladesh Telegraph and Telephone Board (BTTB) a private company, and an ordinance to establish a public university in Rangpur.
"The contempt of court ordinance has been designed to ensure people's rights as it will enable the press to hold the courts and judges accountable and it is for everyone's benefit," said the Chief Adviser's Press Secretary in a press briefing after the weekly cabinet meeting. The ordinance, once promulgated after vetting by the law ministry, would replace the Contempt of Court Act 1926. "Any wilful act, statement or expression through words or signs which is interpreted to violate or undermine a verdict, decree, order, writ or warrant issued by a court will be considered a contempt of court," Fahim said. It will also consider any obstruction of justice, slander or libel of a court and personal criticism of a judge while performing judicial functions as contempt of court.
A contempt of court would be punishable by six months' imprisonment or a Tk 20,000 fine. The ordinance allows the press to comment and publish "normal" court proceedings and functions or seek disciplinary proceedings against any judge as long as it is done in "good faith" and through "restrained language". A judge's alleged corruption or incompetence and their extra-judicial activities outside their judicial functions can also be reported, according to the ordinance.
A judgement can also be criticised as long as it is "constructive". The Anti-Money Laundering Ordinance would enable the government to simplify the process to confiscate and recover assets funnelled out of the country.
Under the rule, the state or the central bank could seek help from countries or agencies to investigate and recover assets through memorandums of understanding (MoU), contracts and conventions with governments or organisations.
This would ensure Bangladeshi court orders to attach or freeze assets would be carried out by the corresponding countries and vice versa. "As a result, recovering smuggled money will become much easier," the ordinance read.
According to intelligence agency sources, massive amounts of money have been siphoned off overseas which the caretaker government has been trying to recover since it took over last year. In the absence of an anti-money laundering act, the government could not sign deals to start recovering assets from other countries.
The ordinance allows the Bangladesh Bank to fine courier services, microcredit institutions, NGOs, and share and security brokers, if they violate 17 "predicate offences" comprising the ordinance rules. "The company in violation, its owners, directors, manager, secretary or other officials and employees will be considered violators of the ordinance," the draft ordinance reads. The list of predicate offences in the ordinance includes corruption and bribery, forgery of currencies and documents, extortion, cheating, dealing in illegal arms and drugs, smuggling, abduction for ransom, murder, sexual harassment, smuggling of local and foreign currencies and human trafficking . -The Daily Star, March, 02, 2008.
Jail authorities asked to explain failure to produce 3 accused
A Dhaka court issued a show cause notice asking the jail authorities to explain why they failed to produce three accused before it yesterday in connection with the case for making an attempt on former premier Sheikh Hasina's life in August, 1989. Speedy Trial Tribunal-4 Judge Mohammad Israil Hossain passed the order after the jail authorities failed to produce detained Lt Col (dismissed) Syed Faruk Rahman, Lt Maj (retd) Bazlul Huda and Mohammad Shahjahan before the court. The court fixed March 6 for the next hearing and directed the jail authorities to produce six detainees including Faruk, Huda and Shahjahan on the scheduled date. Three other arrestees-- Jeorge Miah, Golam Sarwar and Freedom Sohel -- were produced before the court during yesterday's hearing. Of the other accused, Mizanur Rahman, Humayun Kabir, Khondaker Amirul Islam and Gazi Imam Hossain were present. The court had issued arrest warrant against Lt Col (retd) Abdur Rashid, Zafar Ahmed, Nazmul Maksud, Humayun Kabir (2) and Rezaul Islam who are on the run. -The Daily Star, March, 02, 2008.
Info on public interest ensured in RTI
All organisations registered under the law of the land will be bound to provide citizens with information on matters of public interest once the right to information act, now in its draft form, comes into force. The individuals aggrieved for not getting information or for being supplied with incorrect information can first appeal with heads of the organisations and, if not satisfied, can go to the proposed information commission that will be based in the capital. Draft of the act, to be titled Right to Information Ordinance, 2008, has already been sent to the chief adviser for his opinion, said sources.
The government will soon hold a roundtable discussion to have stakeholders' opinions and incorporate those in the final draft before sending it for the cabinet's approval.
Following Chief Adviser Fakhruddin Ahmed's commitment to enacting the law, an eight-member committee headed by the Information ministry's Joint Secretary (development) Kamal Uddin Ahmed was commissioned to draft the law. Besides the right to information laws of India, Pakistan and Sri Lanka, the committee analysed the drafts made by the Law Commission and Manusher Jonno Foundation, an NGO working to promote human rights and good governance. The committee comprising experts from different fields has included in the draft a number of provisions similar to those in the Indian act since socio-economic circumstances of these two countries match closely.
Under the proposed act, every organisation will have an officer designated to provide information sought by the people. “Not only the government offices, those including NGOs, trusts and corporate houses like Asia Energy who are registered under any law of the country will have to provide people the information they need,” a member of the committee told The Daily Star in return for anonymity. Asked if the political parties too would be brought within the ambit of the law, he said, “We cannot do that at this moment since they are not registered under any law.” But once the political organisations are registered they will have to do the same, he added.
If an information officer refuses to provide information, or if they dillydally or supply incorrect information, the aggrieved person can lodge a complaint with head of the organisation concerned. Veering from the law commission's proposal for setting up district tribunals to deal with the complaints by those who would be deprived of remedies at the organisation level, the committee has proposed instituting an information commission headquartered in Dhaka to settle such cases.
Anyone found guilty of refusing to provide information or of giving misinformation can be awarded imprisonment up to three months and fined Tk 25,000. The information commission, which will be one of its kind, will have three members including its chief to be an expert in law, administration and information. -The Daily Star, March, 04, 2008.
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]
