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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: 171
May 29, 2010

This week's issue:
Governance update
Star Judgment Review
Law News
Law Alter Views
Book Review
Law Week

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Law week

3 Rid officials face trial in absentia
A Dhaka court said the three Rid Pharmaceuticals officials, charged with manufacturing adulterated paracetamol syrup, would be tried in absentia. Judge Mohammad Abdul Majid of the Drug Court passed the order as the accused -- Director Abdul Gani and Pharmacists Mahbubul Islam and Enamul Haque -- failed to appear before the court within the deadline. Upon receipt of a report from Brahmanbaria police on execution of arrest warrants against the three, the same court on April 25 asked the authorities concerned to publish advertisements in two Bangla dailies asking the officials to appear before it by May 26. - The Daily Star, May 27, 2010.

SC lawyer faces music for forgery
The High Court for the first time has directed the Bangladesh Bar Council to cancel enrolment of Supreme Court lawyer MA Hamid for committing forgery in filing a writ petition with the court. The court asked the Bar Council and the Supreme Court Bar Association to prevent Hamid from doing legal practice in any court. The HC bench of justices AHM Shamsuddin Chowdhury Manik and Md Delwar Hossain gave the orders after reviewing previous records of MA Hamid, who allegedly submitted forged documents to another HC bench. The court said MA Hamid submitted a fake certificate to another HC bench of Justice AFM Abdur Rahman for having a court order in his favour. But the bench then did not take any action against him considering his old age. - The Daily Star, May 27, 2010.

HC asks cops to explain purposes
The High Court (HC issued a suo moto rule asking the police authorities to submit to it within seven days a report on why they requisition vehicles in the capital. The court also asked them to state in the report whether the requisitioned vehicles are used for public purposes, and whether the owners or drivers of those are given compensation and payment at market rate. The inspector general of police, commissioner of Dhaka Metropolitan Police (DMP) and deputy commissioners (traffic) of the DMP have been made respondents to the rule. An HC bench comprised of Justice AHM Shamsuddin Chowdhury Manik and Justice Md Delwar Hossain issued the rule following press reports on requisition of vehicles. - The Daily Star, May 26, 2010.

Warrant against Thaksin over anti-govt protests
A Thai court has approved an arrest warrant for ousted leader Thaksin Shinawatra on terrorism charges related to recent anti-government protests. The nine-week protest paralysed parts of Bangkok and left more than 80 people dead. Many of the protesters were supporters of Thaksin, and the Thai government accuses him of fomenting the unrest. In a separate development, authorities have extended an overnight curfew in Bangkok and 23 provinces. A curfew has been in force since the government operation to disperse protesters on 19 May and the subsequent fires and unrest across the city. - The Daily Star, May 26, 2010.

Mosharref, Saydee sued for zakat scam
The Islamic Foundation filed a case against former BNP state minister for religious affairs Mosharref Hossain Shahjahan, former Jamaat lawmaker Delwar Hossain Saydee, and two others, on charges of misappropriating Tk 1.28 crore from the government Zakat Fund. The Daily Star called all four accused last night, but could only reach Saydee and Mosharref, both of whom termed the case as baseless. The foundation's Finance and Accounting Director Aiyub Ali Chowdhury filed the case with Sher-e-Bangla Nagar police station. This is the first time the organisation filed such a case since its establishment in 1975. - The Daily Star, May 25, 2010.

Govt wants judiciary to be more independent
The government is planning some major initiatives to promote democratic political culture, make parliament effective, streamline the judiciary to make it more independent and combat corruption. This was contained in the draft perspective plan for 2010-2021 which was placed at the cabinet meeting by the Planning Commission. However, the recent appointments of judges in higher court and the government move to amend the anti-corruption act sparked controversy. The perspective plan said, "There are complaints about the attempts at politicisation of higher level of the judiciary, especially through judicial appointments." It said the process of appointments in higher level of the judiciary could be revamped through open parliamentary hearing where members of the parliamentary committee concerned could question aspirants for such posts about their qualifications, and fitness. - The Daily Star, May 25, 2010.

Stop harassment of owners, drivers
The High Court directed the government to stop harassment of owners and drivers during requisition of vehicles in the capital. The bench of Justice AHM Shamsuddin Chowdhury Manik and Justice Md Delwar Hossain came up with the order in response to a writ petition. It also issued a rule upon the government to explain within two weeks why section 103(Ka) of Dhaka Metropolitan Police Ordinance-1976 should not be declared illegal. Under the section, the police requisition vehicles in the capital. Earlier in the day, Human Rights and Peace for Bangladesh (HRPB), a rights organisation, filed the petition challenging legality of the section. - The Daily Star, May 24, 2010.

DB official, 5 other cops sued for 'extortion'
A businessman filed a case against an assistant commissioner of the Detective Branch of police and five other policemen with a Dhaka court on charge of demanding Tk 20 lakh as “extortion” from him. The accused are DB Assistant Commissioner Motiur Rahman, Inspector Mohammad Kibria of DMP and four unknown DB personnel. Zahirul Haque Babul, proprietor of Ms Zahir Dairy Farm located at Dakkhin Manda in the city's Sabujbag area, filed the case with the chief metropolitan magistrate's (CMM) court. After the hearing, Metropolitan Magistrate M Shahadat Hossain recorded the statement of the complainant and fixed today for the court order. - The Daily Star, May 24, 2010.

No confusion over war trial
Law Minister Barrister Shafiq Ahmed reiterated the war criminals would be tried and there should no confusion about it. “The government has already taken all necessary steps with special allocation of funds for the trial of war criminals,” he said adding that none will be able to stop it by dishing out misleading statements against the trial. He made the remarks while talking to journalists after a workshop on Sensitisation of Adolescent Issues held at BRAC Inn Centre. Concerned Women for Family Development organised the workshop. Professor of Dhaka University Women and Gender Studies department Mahmuda Islam presided over the workshop. - The Daily Star, May 23, 2010.

 


Corresponding with the Law Desk
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