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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: 187
April 30, 2005

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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 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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