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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: 219
May 21, 2011

This week's issue:
Judgment Review
Reviewing The Views
Your Advocate
Law Event
Rights Corner
Law Lexicon
Legal Maxim
Law Week

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Law Week

Charge framing hearing against
Tarique adjourned

A Dhaka court on May 19 adjourned till June 7 the charge framing hearing against BNP Senior Vice-Chairman Tarique Rahman and his business partner Giasuddin Al Mamun in a money laundering case. Judge Md Mozammel Hosain of the Special Judge's Court 3 passed the order following an application submitted by Tarique's lawyer Barrister Mahbub Uddin Khokan seeking adjournment of the hearing. In the petition, Khokan said they had earlier filed a review petition with the Supreme Court (SC) against its earlier judgment. - The Daily star online edition May 18 2011.

Truth Commission illegal
The Supreme Court on May 16 upheld the High Court verdict that declared illegal the Truth and Accountability Commission (Tac) the Fakhruddin Ahmed-led caretaker government had formed as part of its anti-graft crackdown. A seven-member bench of the Appellate Division headed by outgoing Chief Justice ABM Khairul Haque passed the ruling dismissing a leave-to-appeal petition against the HC verdict. The petition was filed by Manzur Ahmed Bhuiyan, an engineer of Roads and Highways Department, and two other civil servants who were pardoned by the now-defunct Truth Commission. The SC ruling means those let off by the commission can now be tried for corruption. Earlier, the original HC verdict was delivered on October 13, 2008. -The Daily star May 17 2011.

Lawyer Murder, Robber to die,
2 others get 31 years RI
A robber was sentenced to death and two of his accomplices awarded 31 years' rigorous imprisonment on May 16 for killing a lawyer in 2009. Judge Mohammad Rezaul Islam of the Speedy Trial Tribunal-4 handed down the verdict in presence of the convicts at packed courtroom. The convict with death is Moahammad Chand Miah while Mohammad Sohel and Shamsul Haque alias Maji were given 31 years' rigorous imprisonment for killing Advocate Shamsul Haque Rintu. Earlier, the prosecution and defence had completed their arguments and the court recorded statements of 13 prosecution witnesses.- The Daily star May 17 2011.

Ershad's military rule illegal
The Supreme Court on May 15 declared the military rule of HM Ershad illegal in a verdict that also said the actions taken by his regime will remain effective until their fate is decided by parliament. A six-member SC bench, headed by Chief Justice ABM Khairul Haque, upheld a High Court judgment knocking off the 7th amendment to the constitution that validated Ershad's illegal military regime. “All proclamations, Martial Law Regulations, Martial Law Orders, made/promulgated during the period between 24th March, 1982 and the date of commencement of the Constitution (Seventh Amendment) Act, 1986 (Act 1 of 1986) are hereby declared illegal and void….,” the SC said in its brief verdict. The apex court, however, provisionally condoned all acts, things, deeds and transactions and proceedings during the military rule of Ershad between March 24, 1982, and November 10, 1986. - The Daily star May 16 2011.

Rid case not heard for complainant's negligence
Negligence of a government official was the reason for the sensational Rid Pharma case not being heard at a Dhaka Court on May 15. The court had asked complainant Mohammad Shafiqul Islam, drug superintendent, to show up yesterday with the original documents related to the case. The official went to court with photocopies of the seizure list. Judge Mohammad Abdul Majid of the court did not record the statement of the complainant. He fixed July 3 for the next hearing and asked him again to show up with original copies of relevant documents. Earlier, the case was filed in August 2009 against five people of Rid Pharma in connection with using toxic diethylene glycol in manufacturing paracetamol syrup that caused deaths to 28 children the same year.- The Daily star May 16 2011.

Ctg Arms Haul Probe, Time extended once again
Expressing deep concern over the delay in investigation, a Chittagong court on May 15 granted 45 more days for further investigation into the sensational Chittagong arms haul case. This is for the 13th time the Criminal Investigation Department (CID) has been given time extension. The court of Metropolitan Sessions Judge AKM Shamsul Islam directed the investigation officer of the case to properly utilise the time extended until June 29. Expressing dissatisfaction, the court said the statements from the two police sergeants who rushed to the CUFL jetty on April 1, 2004 night when the unloading of arms was going on, should have been collected much earlier. The previously granted deadline ended on May 15.- The Daily star May 16 2011.


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