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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: 233
August 27, 2011

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Law Week

Order on BTRC's telecom audit move stayed
The Supreme Court on August 25 stayed for six weeks a High Court verdict that declared illegal the appointment of firms by the telecom regulators for two mobile phone operators -- Grameenphone and Banglalink. The apex court also directed Bangladesh Telecommunication Regulatory Commission (BTRC) to file a regular leave-to-appeal petition with the court against the HC verdict in six weeks. The full bench of the Appellate Division headed by Chief Justice Md Mozammel Hossain passed the order following a petition filed by the BTRC seeking stay on the HC verdict. In March, the regulator appointed two chartered accountant (CA) firms to audit the two mobile operators after short-listing six audit firms. Later, KM Alam and Co, one of the short-listed firms that did not get the job, challenged the bidding process, saying there was anomaly. Following a writ petition filed by KM Alam and Co, the HC on August 18 declared the appointment of the audit firms illegal.-The Daily star online edition August 25 2011.

HC to refrain Sherpur dist magistrate from duty
The High Court on August 24 asked the government not to give any magisterial duty to Sherpur district magistrate Ismat Ullah till October 25 for beating a union parishad membership candidate at a polling centre in the district. Ismat reportedly beat Golam Mostafa, a union parishad membership candidate, at Dupuria Primary High School polling centre at Jhinaigati Upazila in Sherpur as he tried to enter a polling booth during vote casting on June 18 this year. A Bangla daily on June 19 reported that Mostafa left the polling centre and refrained from contesting the election as he could not tolerate the insult. During hearing a rule, the HC rejected a petition submitted by Ismat seeking exemption from personal appearance in the the court in connection with the rule. The bench of Justice AHM Shamsuddin Chowdhury Manik and Justice Gobinda Chandra Tagore also directed the district magistrate to further appear before it on October 25 during hearing on the rule.- The Daily star August 25 2011.

HC asks not to arrest 3 JCD leaders
The High Court on August 24 directed the government not to arrest three leaders of Jatiyatabadi Chhatra Dal (JCD) including its President Sultan Salauddin Tuku without any warrant of arrest after they are released from jail. An HC bench of Justice Farid Ahmed and Justice Sheikh Hassan Arif passed the order following a petition filed by the three JCD leaders, saying that law enforcers may arrest them after being released on bail. Advocate Khandker Mahbub Hossain, counsel for the leaders, said the government is showing his clients arrested in different cases after they got bail in the initial cases filed against them.- The Daily star August 25 2011.

HC asks for Ibn Sina Hospital's wealth report
The High Court on August 23 directed Ibn Sina Hospital Limited to submit its wealth statement to the court by October 9 to examine whether the hospital authorities are involved in corruption. The hospital must inform the court about the asset it had when its operation started and how much it holds at present, the HC said. The court on August 17 issued the suo moto rule upon the hospital officials and doctors to explain why they should not be punished for their negligence in saving the infants. On August 15, private television channel Boishakhi reported that the three newborns died due to negligence of the hospital authorities. The HC ordered the government to form a high-powered committee led by the vice chancellor of Bangabandhu Sheikh Mujib Medical University to monitor, regulate and control the activities of all private hospitals, clinics, laboratories and diagnostic centres. The bench of Justice AHM Shamsuddin Chowdhury Manik and Justice Gobinda Chandra Tagore ordered police to immediately file a criminal case against the officials and doctors concerned of Ibn Sina Hospital in connection with the babies' death. - The Daily star August 24 2011.

9 arbitrators held on HC premises
Police arrested nine people of Habiganj in connection with a village arbitration that led to a woman jumping in front of a train with her children. All nine were arrested on the High Court premises in the capital on August 23 after they left a courtroom complying with the High Court's summon. The court on August 16 issued a suo moto order summoning them. Ferdausi Akhter, 35, jumped in front of a train with her four children in Madhabpur upazila on August 15, a day after the nine arrestees during a village arbitration slandered her with accusations of having an affair and asked her to leave the village. Her six-year-old son Jibon and eight-year-old daughter Bonya died with her. The surviving two children are critically injured and undergoing treatment at Brahmanbaria Sadar Hospital. On August 16, the High Court bench in the order summoned the nine arbitrators including Atiqur Rahman, chairman of Andiura union of Madhabpur in Habiganj, and three officers of Madhabpur Police Station to explain their roles in the tragedy. The court had also asked police to file a case against the people involved in the arbitration in connection with provoking suicide.- The Daily star August 24 2011.

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