Law
week
HC
order against Shahidur's removal stayed
The Supreme Court stayed for six months a High Court (HC)
order that had earlier declared void the president's order
removing HC additional judge Syed Shahidur Rahman from
his office.
The
five-member bench of the Appellate Division led by Chief
Justice Syed JR Mudassir Husain passed the order granting
the leave to appeal filed by Advocate Idrisur Rahman against
the High Court order.
The
president in line with the recommendation of the Supreme
Judicial Council removed Shahidur on charge of bail fixing
on April 20 last year. On hearing a writ petition filed
by Syed Shahidur Rahman challenging the validity of the
president's order, a HC bench declared the removal illegal
on February 2. Dr Kamal Hossain assisted by Barrister
Tanjib-ul Alam and Barrister Sarah Hossain moved for the
petitioner while Barrister Azmalul Hossain for Syed Shahidur
Rahman. Although he was no party in the High Court, Supreme
Court lawyer Advocate Idrisur Rahman filed the leave to
appeal against the HC order in the Supreme Court in public
interest. - The
Daily Star, April 26.
Indian
deputy HC points at dialogue
The existing misunderstanding between Bangladesh and India
should be resolved through dialogue as Delhi is always
eager to maintain good relations with Dhaka, an Indian
diplomat said. "Isolated problems in the border areas
are not unusual as India and Bangladesh share a large
border line. But there is a scope of discussion,"
said S Chakravarti, Indian deputy high commissioner to
Bangladesh. The diplomat was speaking at a roundtable
on 'Bangladesh-India relationship in the light of liberation
war ', organised by the Muktijoddha Samannay Parishad
in the capital. On the border skirmishes between Bangladesh
Rifles (BDR) and Indian Border Security Force (BSF), he
said the BSF has no intention to attack the BDR.
Chakravarti
regretted that the incidents took place at a time when
the chiefs of the BDR and BSF were holding talks in Dhaka
to resolve the existing problems on the border.
The
diplomat felt that both the BDR and BSF should aim at
stopping illegal intrusion and other illegal activities.
"India does not consider Bangladesh as a small state
in terms of population and natural resources," he
said, adding that both the countries could go forward
through mutual understanding. Chakravarti said India proposed
to Bangladesh a Free Trade Agreement, and if Dhaka finds
it beneficial, it should move forward. - The
Daily Star, April 26.
Judge
Faizee's Bar certificate cancelled
Bangladesh Bar Council in an unprecedented move cancelled
the enrolment certificate of High Court Additional Judge
Faisal Mahmud Faizee for providing false information during
enrolment and his failure to disprove the allegation about
his LLB exam result.
The
Council, statutory body of legal practitioners, at a meeting
also decided to file a criminal case against him for giving
false information in the affidavit he submitted when he
had applied for Bar Council's certificate to practise
law as an advocate.
The
Bar Council criticised the decision of the chief justice
(CJ) to reinstate Faizee in his judicial tasks in the
High Court bench and decided to request the CJ to withdraw
him.
Vice
Chairman of Bar Council Barrister Rokanuddin Mahmud yesterday
informed the press about the decisions taken at the meeting
he had chaired. The attorney general, ex-officio chairman
of the council, did not attend the meeting, as he was
indisposed.
The
Council took the decision in accordance with Section 62
(5) of The Bangladesh Legal Practitioners and Bar Council
Order and Rules, which empowers the council to suspend
or revoke enrolment of an advocate. When a lawyer becomes
an additional judge, his certificate of enrolment issued
by the Bar Council remains withheld.
Faizee
applied for Bar Council's enrolment certificate showing
a provisional LLB certificate. Even Faizee's father Mohammad
Faiz, who filed the contempt suit against the two dailies,
failed to produce Faizee's LLB certificate before court
when he filed the case. - Prothom
Alo, April 26.
EC
rejects Bar Council appeal to observe CCC elections
Chief Election Commissioner (CEC) MA Syed rejected Bangladesh
Bar Council's appeal for permission to observe the upcoming
Chittagong City Corporation (CCC) polls describing the
organisation politically biased and inexperienced.
The
CEC at a meeting of the Election Commission (EC) ignored
the opinion of Election Commissioners AK Mohammad Ali
and M Munsef Ali in favour of allowing the council to
observe the CCC polls slated for May 9. The rejection
decision came when the EC Secretariat officials pointed
out that the policy on poll observer does not allow an
organisation, which does not have any previous experience,
to function as poll observers.
Meeting
sources said a senior official told the CEC that he personally
knows some of the Bar Council leaders who have strong
political bias. The Bar Council appealed to the EC for
permission to engage 86 of its members to observe the
CCC polls.
A
number of organisations have already applied to the EC
for permission to observe the polls, but only those who
observe polls regularly will be allowed to do the job,
said sources. Meanwhile, the government announced public
holiday for areas under Chittagong City Corporation on
May 9, the election day. - The
Daily Star, April 27.
Faizee
has no moral right to remain a judge
Lawyers at a rally said the High Court's Additional Judge
Faisal Mahmud Faizee has no moral right to remain a judge
when Bangladesh Bar Council has revoked his certificate
of enrolment.
They
also threatened to file a case against him for alleged
certificate tampering and giving the Bar Council wrong
information on his age.
Earlier
on Sunday Bangladesh Bar Council cancelled Faizee's enrolment
certificate for providing it with false information and
failure to prove the allegation regarding his LLB certificate
untrue.
The
rally organised by Sammilito Ainjibi Samannay Parishad
was held at the Supreme Court Ainjibi Samiti Bhaban. It
gave reception to the newly elected office-bearers of
Supreme Court Bar Association (SCBA). "It will amount
to dishonouring the court, if the word 'justice' is used
before the name of Faizee," former law minister Abdul
Matin Khasru said.
The
ongoing protest of the SC lawyers will be pursued to restore
people's confidence in the court, he added. - The
Daily Star, April 27.
Demarcation
of constituencies EC violates rules
The Election Commission (EC) is violating the demarcation
rules by not taking any step to demarcate the parliamentary
constituencies for the coming general elections. Demarcation
has to be made after every census but the EC has been
sitting idle since the last census conducted in 2001 before
the eighth parliamentary election. Sources said demarcation
is necessary to balance the constituencies in terms of
number of voters that varies from one constituency to
another.
"The
commission does not have any plan at this moment to demarcate
the parliamentary constituencies. We do not initiate such
steps. If anybody raises the demand, then we consider
it," Election Commissioner M Munsef Ali told The
Daily Star.
However,
the Delimitation of Constituencies Ordinance 1976 says
delimitation of territorial constituencies has to be made
upon completion of each census for the purpose of general
elections to be held after the census. It is unlikely
that the EC would take any initiative to demarcate the
constituencies before the ninth general elections scheduled
for early 2007, the sources said. According to the 2001
census, 67 constituencies have less than two lakh voters
each, 191 constituencies have over two lakh voters and
the rest 42 constituencies have more than three lakh to
over six lakh voters. The discrepancies have made a mockery
of the ceiling of election expenditure as the ceiling
of election expenses is equal for all candidates contesting
from small and big constituencies, sources said. They
cited the example of India where the ceiling of election
expenditure is not fixed for all. In accordance with the
Delimitation of Constituencies Ordinance, the EC has to
delimit the territorial constituencies and publish the
list of the demarcated constituencies.- The
Daily Star, April 28.
Corresponding
with the Law Desk
Please send your mails, queries, and opinions to: Law
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