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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: 141
October 24, 2009

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Law week

43 canals demarcated, grabbers identified
The Land Survey Department of the land ministry has finally demarcated the capital's 43 canals lost to grabbers and identified persons and institutions that encroached upon the water bodies. On receiving the list of canals and grabbers, the parliamentary standing committee on land ministry at a meeting decided to take up the issue to Prime Minister Sheikh Hasina for her directives as it believes it will be a troublesome task to recover the canals and need a concerted efforts. According to the Land Survey Department, influential individuals grabbed most of the canals where they erected multi-storey buildings for markets, educational institutions and residences. -The Daily Star, Oct 22, 2009.

Trial in 6 divisional courts by early Nov
Law Minister Shafique Ahmed said six separate courts would be constituted in six divisional headquarters to begin Bangladesh Rifles (BDR) mutiny trial at the end of this month or beginning of November. Briefing newsmen at his secretariat office, the minister said the BDR Director General Maj Gen Mainul Islam would lead the mutiny trial in the new courts. He said government-appointed lawyers and the Attorney General's office would assist chief of the border guards so that the trial is fair and transparent. -The Daily Star, Oct 22, 2009.

No conspiracy; it was army revolt
The August 15 killings were a revolt by army men, not any conspiracy, and the case should be tried afresh by a military court, a lawyer for Bangabandhu murder convicts told the Supreme Court. Abdullah-al Mamun, counsel for Bazlul Huda and AKM Mohiuddin, claimed all army personnel supported the revolt so that Bangabandhu Sheikh Mujibur Rahman could not make a particular announcement at a programme on Dhaka University campus on August 15, 1975. Summing up his arguments, he said their intention was not to kill Bangabandhu, then president of the republic, or his family. -The Daily Star, Oct 21, 2009.

Court asks CID to probe afresh
A Dhaka court ordered a re-investigation into a case filed on charges of attempt to murder on Prof Humayun Azad in February 2004. First Additional Chief Metropolitan Magistrate Ehsanul Haque passed the order following a petition submitted by Monjur Kabir, complainant of the case. The court directed additional inspector general of Criminal Investigation Department (CID) to carry out the investigation in efforts to find out real culprits and submit a report to the court by December 30. -The Daily Star, Oct 21, 2009.

Rid Pharma boss lands in jail
A Dhaka court sent Managing Director of Rid Pharmaceuticals Limited Mizanur Rahman to jail in a case filed for manufacturing toxic paracetamol syrup that claimed lives of at least 28 children across the country. Judge ANM Bashir Ullah of the Metropolitan Sessions Judge's Court passed the order after Mizanur surrendered before the court. He said charges were brought against him because of his "heinous" acts and rejected his bail prayer. He had a role in the preparation of paracetamol syrup that led to the death of the infants, the judge added. -The Daily Star, Oct 20, 2009.

HC reprimands Huda's counsel
The Supreme Court reprimanded barrister Abdullah-al Mamun, counsel for two of the five convicts in Bangabandhu assassination case, for placing irrelevant arguments before the court and giving wrong information to the media about it. The five-member bench of the Appellate Division headed by Justice Md Tafazzul Islam expressed annoyance with Mamun for repeating his arguments and directed him to finish his arguments. Mamun, who told the media on Sunday that the court obstructed him from placing arguments, apologised to the court for his remarks. -The Daily Star, Oct 20, 2009.

AL's Jasim to lose JS membership
The Supreme Court upheld the High Court verdict that declared illegal the parliament membership of Maj (retd) Jasim Uddin, who was elected from Bhola-3 constituency on Awami League nomination. Jasim Uddin had participated in the December 29 parliamentary election before completion of five years of his compulsory retirement from the defence service. A five-member bench of the Appellate Division headed by Chief Justice MM Ruhul Amin passed the verdict, dismissing Jasim's appeal against the HC verdict. -The Daily Star, Oct 19, 2009.

Explain legality of proceedings against Tarique
The High Court (HC) issued a rule upon the government and Anti-Corruption Commission (ACC) to explain why the proceedings against Tarique Rahman, elder son of BNP Chairperson Khaleda Zia, in Zia Orphanage Trust embezzlement case should not be quashed. Upon a petition filed by Tarique, now in London, an HC bench comprised of Justice Syed Muhammad Dastagir Husain and Justice Md Rais Uddin issued the rule. Earlier, the same bench issued a similar rule upon the government and ACC to explain why the proceedings against former prime minister Khaleda Zia in the case should not be quashed. -The Daily Star, Oct 19, 2009.

42 MPs never paid income tax
Forty-two out of 345 lawmakers, including three state ministers, have never paid any income tax, claiming they do not have taxable income. Sources at the Election Commission and the National Board of Revenue said most of these lawmakers have Tax Identification Numbers (TINs) but they do not pay any tax. A few do not even have their TINs. The 42 in question are from both the treasury and the opposition benches. -The Daily Star, Oct 18, 2009.

30pc posts to go to war heroes' children
The government has taken initiatives to introduce 30 percent quota for the children of freedom fighters in the recruitment rules for assistant judges. The initiative was taken, as a number of candidates from the families of freedom fighters could not qualify in the examinations for the offices of assistant judges. When the matter was brought to the notice of the law ministry that there is a rule of 30 percent quota for the children of freedom fighters in the government service the ministry took the decision, sources said. The government has recently withheld its decision to recruit 101 assistant judges to the lower court through the Bangladesh Judicial Service Commission (BJSC), sources said. -The Daily Star, Oct 18, 2009.

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: dslawdesk@yahoo.co.uk,lawdesk@thedailystar.net


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