Law
week
Separating EC Secretariat From PMO
The Public Service Commission (PSC) thinks the government did not follow the constitutional provisions in freeing the Election Commission (EC) Secretariat from control of the Prime Minister's Office (PMO). Despite constitutional obligations, the military-backed caretaker administration did not consult the PSC before promulgating the ordinance making the EC Secretariat independent of the PMO last month, sources in the EC and PSC said. Aware of the move towards an independent secretariat for the polls commission, the PSC in December last year had asked the government to have its [PSC's] opinion before promulgating an ordinance to that effect. In a letter to the cabinet division on December 6 last year, it sought to remind the government of constitutional provisions that say the PSC will be consulted in making laws that might affect the terms and conditions of a service. -The Daily Star, April 25, 2008.
HC has no jurisdiction to grant bail in EPR cases
The High Court (HC) has no jurisdiction to grant bail in criminal cases under the Emergency Power Rules (EPR) 2007. The Supreme Court (SC) made it clear in its judgment yesterday allowing government appeal against an HC verdict which said it has jurisdiction to dispose of bail petitions in such cases. The seven-member full bench of Appellate Division of the SC headed by Chief Justice Mohammad Ruhul Amin delivered the judgment. The chief justice pronounced the verdict only saying 'appeal allowed.'
Meanwhile, people eagerly awaited the SC judgment for long to know the fate of detainees including high-profile persons in different criminal cases under the EPR. The HC gave its verdict on April 22 last year following a petition by an oil trader of Khulna, Maijuddin Sikder, seeking bail in a case filed under the EPR. An HC bench comprising Justice Nozrul Islam Chowdhury and Justice SM Emdadul Huq gave the verdict, saying the HC has jurisdiction to dispose of petitions by any persons seeking bail in criminal cases filed under the EPR. The government filed an appeal with the SC challenging the HC verdict. Hearing on the appeal ended on April 15. -The Daily Star, April 24, 2008.
Shajahan Siraj gets 13 years for illegal wealth
A special court yesterday sentenced BNP leader and former minister Shajahan Siraj to 13 years' imprisonment for amassing assets illegally and concealing wealth information from Anti-Corruption Commission (ACC). It also fined him Tk 10 lakh. In the event of a default in payment, he will have to serve another year in jail. His wife Rabeya Siraj was sentenced to three years' imprisonment and fined Tk 5 lakh for aiding and abetting him in the offence. For failing to pay the sum she will have to be in jail for six more months. -The Daily Star, April 23, 2008.
Women, HR bodies demand scrapping of review body
Samajik Protirodh Committee, a platform of 40 women and women rights organisations, yesterday submitted a five-point memorandum to the chief adviser demanding immediate dissolution of the review committee of the Women Development Policy and scrapping of the committee's recommendations. Asking the government to take steps to stop political activities at religious establishments, the Samajik Protirodh Committee asked the government to announce programmes to implement the policy, a realistic step towards constitutional provisions for equal rights to men and women. Demanding the government make a pledge before the nation to establish equal rights as mentioned in the constitution, the committee urged the caretaker government to clarify its position regarding the Women Development Policy by issuing a press note.
"How could the group run criminal activities from a place of worship," the memo said, adding, "This is not only the issue of women movement, it is deeply linked to the future of Bangladesh's democracy and stability." -The Daily Star, April 22, 2008.
8-yr-old sued, sent to jail for drug trade
An eight-year-old girl was sent to the Khulna District Jail yesterday after being sued for carrying twenty bottles of phensidyl. The arrestee was identified as Arifa, daughter of Rajabuddin of Lobatkati village in Satkhira, and a student of class three.
Police held Arifa and drug peddler Ripon on Sunday while they were on their way to the Jailkhana ferryghat by rickshaw with twenty bottles of Phensidyle brought from Bhomra border of Satkhira. The law enforcers seized the bottles from Arifa who strapped those to her legs and waist. During questioning at Khulna Police Station, she told the police that she had earlier carried phensidyl to Khulna from Satkhira by bus thrice in the last two months. -The Daily Star, April 22, 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]
