‘A potentially harmful law’
The Land Crime Prevention and Remedy Act 2023 was enacted ignoring the constitution of Bangladesh, said speakers at a roundtable yesterday.
They also demanded cancellation of the act.
They were addressing the roundtable on "Civic Opinion: Land Crime Prevention and Remedy Act 2023". Association for Land Reform and Development (ALRD) in collaboration with The Daily Star organised the event at The Daily Star Centre yesterday.
Presenting the keynote speech, Supreme Court lawyer Ashraf Ali delved into the various sections of the law and said, "There is a fundamental distinction between conflict and crime. Not all conflicts are crimes. However, the majority of the provisions in this criminal law are aimed at resolving conflicts."
Citing Section 6 of the act, Ashraf said, "If any document is proven to be prepared through fraud or forgery, the court concerned shall send a copy of the judgement to the deputy commissioner concerned."
"But as we know, land records fall under the purview of the sub-registry office, and they would take steps to cancel such documents or implement other measures in such cases. DC offices have no jurisdiction over this," he clarified.
Talking about another section of the law, he said, "No other law empowers the sub-registry office to declare a document fraudulent. However, this law grants it such authority. This unclear provision will serve as a tool for harassing citizens."
Moreover, the jurisdiction to restore possession of a person who was illegally evicted was previously under the purview of civil courts. However, this law transfers it to the executive magistrate, he also said.
Ashraf Ali also questioned Section 8 (7), which states that "any such case filed or pending in any civil court, on the application of any party thereof or on its own consideration, the court can send it to the Executive Magistrate for taking action."
"It's a question of how a pending case can be transferred to the executive magistrate, and how the executive magistrate can apply jurisdiction in such matters. It will also undermine the authority of the civil court," he added.
Prabir Niyogi, a senior SC lawyer, criticised the lack of a clear definition for land crimes or offenses within the law.
He said the law, by entrusting mobile courts and executive magistrates with almost all land-related crime cases, threatens to create anarchy in the administration of justice.
The law fails to meet constitutional standards accepted globally, he also said, adding that the mobile court system is an inadequate trial process that undermines constitutional rights.
Demanding complete repeal of the law, SC lawyer Tabarak Hussain said the law is an example of bureaucratic overreach and is unsuitable for a civilised society.
Shamsul Huda, ALRD executive director, expressed concern about the potential ramifications of applying the law to the Chittagong Hill Tracts, particularly affecting marginalised and impoverished communities.
Tapan Kumar Das, chairman of Jahangirnagar University's law department, stressed the necessity of adding new clauses to the law, especially regarding land rights in CHT.
Sultana Kamal, lawyer and rights activist, rejected the law and called for its immediate repeal. She also said the law falls short of legal standards with its unclear provisions. It is also potentially harmful to many, she added.
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