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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: 210
March 26, 2011

This week's issue:
Law Opinion
Law Vision
Governance Update
Rights Analysis
Law Week

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Law Week

Col Taher's trial illegal: HC
The High Court on 22 March declared the trial of Col Abu Taher and some other freedom fighters by a military tribunal in 1976 illegal and unconstitutional. Delivering the judgement on four separate writ petitions, the court directed the government to prosecute Abdul Ali, alive judge of the military tribunal which tried and sentenced Col Taher and others. It said the trial and execution of Taher was a cold-blooded assassination, which was masterminded by late president Ziaur Rahman. Unfortunately Zia is not alive to face the trial, the HC bench of Justice AHM Shamsuddin Chowdhury Manik and Justice Sheikh Md Zakir Hossain said. Zia was directly involved in killing Bangabandhu Sheikh Mujibur Rahman and is responsible for killing several thousands of freedom fighter army personnel, it continued. The judges directed the government to constitute a high-profile committee to investigate all the allegations against Ziaur Rahman and unearth the truth. A military court in July 1976 tried Taher and sixteen others on mutiny and treason charges. -The Daily star online edition 22 March 2011.

Shah Alam appeals against conviction
Detained Bashundhara Group Chairman Ahmed Akbar Sobhan Shah Alam yesterday filed an appeal with the High Court (HC) against the trial court judgment that sentenced him to eight years' imprisonment in a tax evasion case. Shah Alam in the appeal also sought bail from the HC in the case in which he was sent to jail Sunday. The HC bench of Justice Md Shamsul Huda and Justice Abu Bakar Siddiquee is likely to hear the appeal today. Earlier on Sunday, the Special Judge Court-3 led by Judge (in-charge) Kader Newaz ordered to send Shah Alam to jail upon his surrender. An anti-graft tribunal on September 30, 2007, handed down eight-year imprisonment to Shah Alam in the case filed by NBR. - The Daily star 21 March 2011.
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HC asks to stop Gumti river encroachment
The High Court yesterday directed the government to take steps immediately to stop earth filling and constructing structures in the river Gumti in Comilla and its encroachment until further order. The court directed the authorities concerned of the government to demarcate the areas of the river Gumti by conducting a survey, and to submit a report in this regard to this court within two months. In response to a writ petition, an HC bench of Justice Mohammad Mamtaz Uddin Ahmed and Justice Gobibnda Chandra Tagore also issued a rule upon the government to explain within three weeks why it should not be directed to dredge river Gumti to save it from encroachment and grabbing. Human Rights and Peace for Bangladesh recently filed the writ petition as public interest litigation following a newspaper report published in January this year. -The Daily star 21 March 2011.
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Hearing adjourned till April 7
A Dhaka court yesterday adjourned the hearing on charge framing against Arafat Rahman Koko, youngest son of BNP Chairperson Khaleda Zia, till April 7 in connection with a tax evasion case. Judge Mohammad Zohurul Haque of the Senior Special Judge's Court passed the order after Koko's lawyer submitted a petition seeking an adjournment of the hearing. In the petition, the lawyer said they had earlier filed a writ petition with the High Court (HC) challenging the legality of the case.NBR filed the case on March 1, 2010. -The Daily star 21 March 2011.

HC asks govt for SC judges' remuneration
The High Court yesterday issued a rule upon the government to explain within three weeks why it should not be directed to implement recommendations of the parliamentary sub-committee concerned to increase salaries and allowance of Supreme Court judges. The HC bench of Justice AHM Shamsuddin Chowdhury Manik and Justice Sheikh Md Zakir Hossain issued the rule following a writ petition filed by two SC lawyers, Manzill Murshid and Asaduzzaman Siddiki. A parliamentary sub-committee in January last year recommended making the salaries and other privileges for the chief justice Tk 1.52 lakh, for each of the Appellate Division judge Tk 1.20 lakh and for each of the High Court judges Tk 1.08 lakh per month, the petitioners said. - The Daily star 21 March 2011.

Case against Huda couple quashed
The High Court 0n March 20 acquitted former BNP minister Nazmul Huda and his wife Sigma Huda in a bribery case in which they were convicted and sentenced to different terms of imprisonment. The Anti-Corruption Commission filed the case against them with Dhanmondi Police Station on March 21, 2007 on charge of taking Tk 2.40 crore from a businessman in favour of their weekly newspaper Khoborer Ontorale. The HC bench of Justice Siddiqur Rahman Miah and Justice Md Ataur Rahman Khan on March 20 delivered the verdict after granting two separate appeals filed by Huda and his wife against the trial court judgment. Earlier, the couple got bail from the HC in the cases. -The Daily star 21 March 2011.


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