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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: 154
January 30, 2010

This week's issue:
Reviewing the views
Law interview
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Law amusements
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Law week

Report on scrap ships in 3 weeks
The High Court directed the government to submit a report within three weeks on the number of ships imported for scrapping after the HC delivered a verdict in this regard on March 17 last year. The court also asked the government to state in the report how pre-cleaning of these ships outside the territory of Bangladesh was ensured before bringing them to the country. The HC bench of Justice Md Imman Ali and Justice Md Abu Tariq directed the authorities to finalise the framing of rules for ship breaking and prepare a gazette notification within three months. - The Daily Star, January 27, 2010.

MPs go against cabinet decision
In an unprecedented move, a high profile meeting of lawmakers rejected all proposals approved by the cabinet for amending the Vested Property Return Act 2001, saying if translated into law, it will go against the country's minority community. Chaired by Deputy Leader of the House Syeda Sajeda Chowdhury, the meeting termed the proposals unnecessary and said if enacted, the law will also destroy the basic spirit of the original act passed by the Awami League-led government in 2001, meeting sources said. The law and land ministers, chiefs of parliamentary standing committees on law, land and education ministries and senior officials of the land ministry attended the meeting, an extraordinary one as such meeting was never held in the country's parliamentary history. - The Daily Star, January 27, 2010.

War crimes act needs reform
The law by which the government intends to prosecute people suspected of war crimes during the 1971 liberation war has been criticised by an expert group of international criminal lawyers. The legal opinion, obtained exclusively by The Daily Star, states that the International Crimes (Tribunals) Act 1973 contains 'out of date' definitions of criminal offences, provides inadequate rights to individuals subjected to investigation, and has 'significant omissions' with regard to protecting the rights of those on trial. However the opinion acknowledges that the legislation 'provides a system that is broadly compatible with current international standards'. - The Daily Star, January 26, 2010.

Amended law on pvt universities okayed
The government approved the amended Private University Act 2009 to maintain standards of higher education and bolster discipline in private universities. The cabinet approved the amendments at its meeting chaired by Prime Minister Sheikh Hasina. On October 19 last year, the cabinet in principle approved the Act. Briefing reporters, Press Secretary to the Prime Minister Abul Kalam Azad said approval of 48 private universities expired in 2009 while another five have "no eligibility to run academic activities." The Act was introduced in 1992 and last amended in 1998 to ensure quality, eligibility and discipline regarding the appointment of teachers. -The Daily Star, January 26, 2010.

Jamaat's goals still against constitution
The Election Commission (EC) asked Bangladesh Jamaat-e-Islami to amend its constitution again, as the party's aim and objectives and some other provisions stipulated in it do not conform to the country's constitution and RPO. In a letter to the Jamaat secretary general, the EC pointed out the provisions and asked the party to amend those, said EC sources. The commission also sent letters to eight other political parties including HM Ershad-led Jatiya Party for amending their charters again as well in compliance with the Representation of the People Order (RPO). - The Daily Star, January 25, 2010.

Start demolition within a month
The High Court (HC) directed the government to start within a month demolition of all illegal structures built within the boundaries of four rivers around the capital, so that removal of the debris can be completed by the time stipulated by a previous court order. The rivers are Buriganga, Balu, Shitalakhya and Turag. The court also directed officials concerned to submit to it, progress reports of the river reclamation drive through the Supreme Court (SC) registrar every three months, for necessary new court orders. The HC in June last year issued a set of directives, including one upon the government, to complete by November 30 this year the demolitions and debris removal. - The Daily Star, January 25, 2010.

EU opposes death penalty in 'motivated' murder cases
The European Union has stood opposed to the death penalty in what they called politically motivated cases. European Union High Representative for Foreign Affairs and Security Policy Catherine Ashton issued a statement on the EU stand. The pan-European grouping strongly supports the government's zero tolerance with regard to “extra-judicial killings." Head of EU Delegation in Bangladesh Ambassador Dr Stefan Frowein said, "The European Union is paying close attention to the various judicial proceedings in Bangladesh this year concerning politically motivated murders.” He made it clear that this EU statement “applies to trials for all such crimes, notably, the 1975 murders of Sheikh Mujibur Rahman and his family members and others, murders committed during the 2009 Bangladesh Rifles mutiny, and potentially also war crimes committed during the country's struggle for independence.” -The Daily Star, January 24, 2010.


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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