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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: 96
December 6 , 2008

This week's issue:
Law campaign
Law opinion
Human Rights advocacy
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Law Week

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Law week

76 identified as loan defaulters on EC list
Bangladesh Bank has identified 76 loan defaulters on the Election Commission's (EC) list of candidates of different political parties for the upcoming parliamentary elections. The central bank is cross checking records of another 31 candidates.

Some 20 candidates have, meanwhile, filed writ petitions with the High Court (HC) for stay orders on the process of declaring them loan defaulters. Relevant departments of Bangladesh Bank and other banks have been directed to work for vacating the HC stay orders as early as possible.

Of the 76 loan defaulters, eight are candidates of the Awami League, 12 of BNP, four of Jatiya Party, two of Gono Forum, five of Bikalpadhara Bangladesh and three of Liberal Democratic Party. The rest are contesting the polls as candidates of Progressive Democratic Party and a few Islamist parties and as independent candidates.The EC had sent the list of 2,139 parliamentary poll candidates to Bangladesh Bank on Monday. The central bank completed scrutiny of 80 percent of the list as of late last night. -The Daily Star, December 3, 2008

Warrant issued to arrest 8 Huji men
A Dhaka court issued arrest warrants against eight Harkatul Jihad (Huji) men, including the younger brother of detained former deputy minister Abdus Salam Pintu, in connection with the Ramna Batamul bomb blast case. The accused are Pintu's brother Maulana Mohammad Tajuddin, Maulana Abdul Hannan Sabbir, Maulana Shawkat Osman alias Sheikh Farid, Hafez Jahangir Alam Badar, Maulana Abu Bakar alias Selim Hawlader, Mufti Shafiqur Rahman, Maulana Yahiya and Mufti Abdul Hye. Accepting the charge sheet submitted by Criminal Investigation Department (CID), Chief Metropolitan Magistrate AKM Enamul Haque issued the arrest warrants against them and orders to attach their properties. The court directed the officers-in-charge (OCs) concerned to submit their reports within December 29 on the arrest warrants issued against the Huji men. -The Daily Star, December 2, 2008

HC stays EC rule barring Khulna mayor from JS polls
The High Court (HC) bench stayed until December 3 the operation of the Election Commission's (EC) decision banning Khulna City Corporation (KCC) Mayor Talukder Abdul Khaleque from contesting the parliamentary polls.

It also issued a rule on the EC to explain why the provisions of the Representation of People Order (RPO) 2008, debarring the city mayors from contesting the general election in three years after expiry of their tenures should not be declared illegal. The bench comprised of Justice Tariq ul Hakim and Justice Farah Mahbub passed the stay order in response to a writ petition filed by Talukder Abdul Khaleque. -The Daily Star, December 2, 2008

EPR convicts' poll hopes over
The High Court (HC) upheld the constitutional provision for disqualifying a person from contesting parliamentary elections if they are sentenced to not less than a two-year term under the Emergency Power Rules (EPR). This would imply that some 75 well-known politicians of different parties cannot qualify for the ninth parliamentary election slated for December 29.

But while legal experts are saying this, lawyers of one of these convicted politicians commented that the HC rule does not disqualify his client's candidature. The HC bench comprised of Justice Nazmun Ara Sultana and Justice Md Rezaul Haque delivered the verdict, disposing of a writ petition filed by detained former communications minister Nazmul Huda, who is convicted in two criminal cases under the EPR. The court observed that rule 11(5) of the EPR 2007 "is effective subject to the provisions embodied in Article 66(2)(D) of the Constitution". -The Daily Star, December 1, 2008

6 sent to jail for damaging sculpture in Motijheel
Six activists of Ulama Anjuman-e Al-Bayinat who partially vandalised the sculpture 'Balaka' in front of the Hotel Purbani International in Motijheel on Saturday night were sent to jail. Earlier, Motijheel police filed two cases against 10 identified and three to four unidentified activists of Al-Bayinat. The police filed one case for vandalising the sculpture and the other for assaulting law-enforcers.

Different socio-political organisations have meanwhile condemned the attempt to remove Balaka. Students of Dhaka University (DU) took out processions, held rallies and blocked roads on the campus in protest against the move. They have demanded exemplary punishment of the culprits who vandalised Balaka, ban on all communal groups and declaration of the roundabout in front of Zia International Airport as 'Lalan Chhattor'. -The Daily Star, December 1, 2008

Can Speaker's vehicle be used in campaign?
Speaker Muhammad Jamiruddin Sircar in a letter asked Law, Justice and Parliamentary Affairs Adviser AF Hassan Ariff if he could use his parliament vehicle during electioneering. The Speaker is contesting the parliamentary election from Panchagarh-1 constituency and arrived in his area on November 25 to start campaigning. He has been seen moving with police protection in his national-flagged vehicle and addressing rallies in different areas.

As questions were raised about his use of official vehicle, Sircar sent the letter through Returning Officer and DC of Panchagarh Md Munir Hossain. Contacted, the DC said he would send the letter to the law adviser. -The Daily Star, November 30, 2008

Donors' policies come under lens
A people's tribunal is set to hear eight petitions against three lending agencies in connection with prescribing policies and frameworks detrimental to the economic development of the country. The allegations are against the World Bank, ADB and IMF's policies that have implications in sectors like agriculture, banking, industry, energy, education, health and environment.

A seven-member bench headed by former Justice Ghulam Rabbani will hear the petitions at the Jatiya Press Club, said MM Akash on behalf of national preparatory committee on the people's tribunal during a press conference at the Communist Party office. -The Daily Star, November 30, 2008

High hopes to stop sexual exploitation of children
The World Congress III against Sexual Exploitation of Children and Adolescents ended in Rio de Janeiro amid high hopes and firm promises to work with renewed effectiveness to stop sexual exploitation of children and adolescents.

The draft of the Rio declaration emphasised its deep concern over the continuous increase in certain forms of sexual exploitation of children through the Internet, other new technologies and also the increased mobility of exploiters in travel and tourism. The declaration stated that this issue should be undertaken as a matter of priority and responded to effectively as set out in the plan of action. The root of these gross violations of the child rights should be removed. The governments should recommit to achieve the Millennium Development Goals set for 2015 and particularly halve the proportion of people living in extreme poverty to ensure that all children complete a full course of quality primary education, halt and reverse the spread of HIV/AIDS and form a global partnership for development. -The Daily Star, November 29, 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]

 
 
 


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