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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 19, 2011

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Law Opinion
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Law Week

Demarcate parks, playgrounds: HC
The High Court on Tuesday directed the authorities concerned to demarcate areas of all the parks and playgrounds in the capital and demolish the structures excepting those which were built for the purpose of sports. In response to a writ petition, the HC directed the Dhaka City Corporation (DCC) and the Rajdhani Unnayan Kartipakkha (Rajuk) to comply with the order within 15 days after getting the copy of the HC judgement. The HC bench of Justice AHM Shamsuddin Chowdhury Manik and Justice Sheikh Md Zakir Hossain ordered the authorities to submit a report to the court within 10 days after complying with the directive. According to the statement of the writ petition, there are 68 parks and 10 playgrounds in Dhaka city and different types of structures were built in many of those. The court passed the judgement following the writ petition filed as public interest litigation by Bangladesh Environmental Lawyers Association (BELA). -The Daily star online edition 15 March 2011.

Hearing on Yunus' plea adjourned
The Supreme Court on Tuesday adjourned for two weeks the hearing on two appeals filed against the High Court judgement that upheld a Bangladesh Bank order removing Dr Muhammad Yunus from the office of managing director (MD) of Grameen Bank. Dr Yunus and nine members of board of directors of Grameen Bank on March 9 filed the two separate provisional leavetoappeal petitions with the apex court against the HC judgement. The six-member bench of the Appellate Division headed by Chief Justice ABM Khairul Haque adjourned the hearing to examine the HC verdict that on March 8 rejected two writ petitions filed challenging legality of the Bangladesh Bank order.
After filing of the petitions on March 9, Chamber Judge Justice Syed Mahmud Hossain briefly heard arguments from both sides and sent the appeals to the full bench of the Supreme Court for a full-fledged hearing Tuesday. -The Daily star online edition 15 March 2011.

Hearing on Babar's tax case adjourned again
A Dhaka court on Tuesday adjourned till April 27 the hearing on charge framing against detained former state minister for home Lutfozzaman Babar in a tax evasion case. Judge (in-charge) Kader Newaz of the Special Judge Court-5 passed the order after Babar's lawyer submitted a petition seeking adjournment of the hearing. In the petition, lawyer ABM Sharfuddin Khan Mukul told the court that they had earlier filed an appeal with the High Court (HC) challenging the legality of the proceeding of the case. The HC then issued a rule upon the government asking for explanation why the proceeding of the case would not be declared illegal. Earlier, .National Board of Revenue (NBR) filed the case against Babar for dodging Tk 2.65 crore income tax from 1999-2000 to 2008-09. Babar, accused in a dozen of cases, was also shown arrested in cases filed for the August 21, 2004 grenade attack, Shah AMS Kibria killing, Narayanganj bomb blast and 10 truck arms haul in Chittagong. - The Daily star online edition 15 March 2011.

Tribunal asks prison to produce 5 Jamaat leaders
The International Crimes Tribunal on Tuesday asked the jail authorities to produce five Jamaat-e-Islami leaders, including its Ameer Matiur Rahman Nizami, before it on April 20 in connection with war crime charges. The four other Jamaat leaders are: secretary general Ali Ahsan Mohammad Mujahid, senior assistant secretaries general Muhammad Kamaruzzaman and Abdul Quader Molla and nayeb-e-ameer Delwar Hossain Sayedee. The three-member tribunal headed by Justice Nizamul Haque directed the prosecution to submit the progress report on the investigation into the allegations against the five leaders to the court by April 20. The tribunal also directed the prison authorities to provide necessary treatment to Sayedee and arrange medical test for him at Bangabandhu Sheikh Mujib Medical University (BSMMU), if necessary. The court issued a suo moto rule directing the jail authorities to produce the Jamaat leaders, except Sayedee, to the court on April 20. - The Daily star online edition 15 March 2011.

SC allows govt to appeal against HC verdict
The Supreme Court yesterday allowed the government to move an appeal with this court against the High Court verdict that declared the existing warrant of precedence illegal. A four-member bench of the Appellate Division headed by Chief Justice ABM Khairul Haque also said that its chamber judge's order that stayed the HC verdict will continue till disposal of the appeal. The apex court passed the order after granting a leave to appeal petition filed by the government against the HC verdict. It also fixed April 26 for hearing the appeal. Following a government petition, the chamber judge of SC on February 8 last year stayed the HC and asked the government to file a regular leave-to-appeal petition within the six weeks. -The Daily star March 14 2011.

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