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May 23, 2004 

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Your Advocate

This week your advocate is M. Moazzam Husain of the Supreme Court of Bangladesh. His professional interests include civil law, criminal law and constitutional law.

Q: It is a very common incident that a newly construction has a strong noise and passing through a constructing building often we have to suffer by water and other dirty particles which are flown from the building. Specially till late night the bustling noise annoyed the neighbours. Is there any law by which we can get rid off from the sufferings? What kind of remedy we can get from here?
Mizanur Rahman, Bohutola, Chittagong.

Your Advocate: Your question is a kind of question, which is arising and evaporating into the air every day particularly in the Dhaka city without any redress or answers. In a society where hardened criminals cannot be brought to justice and innumerable murders, rape, extortion are taking place and the criminals are on many occasions going escort-free you cannot expect much in terms of your rights and comfort as a citizen. Our slogans of life have now boiled down to one- 'We want guarantee of dying a natural death.' Law, however, is not silent. Section 133 of the Criminal Procedure Code confers jurisdiction on the Magistrates to take appropriate actions against the person-committing nuisance. But for the Metropolitan areas the Metropolitan Police Ordinances will apply. In addition suit for damages may be brought against the wrongdoer.

Corresponding Law Desk
Please send your mails, queries, and opinions to: Law Desk, The Daily Star 19 Karwan Bazar, Dhaka-1215; telephone 8124944, 8124955, 8124966; fax 8125155, 8126154; email <dslawdesk@yahoo.co.uk>

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