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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: 188
May 7, 2005

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Law week

JS body okays bill for blanket WB immunity
The parliament is likely to pass this month the much-talked-about bill proposing blanket immunity to the World Bank (WB) in Bangladesh, after a parliamentary watchdog okayed the bill amid strong opposition protest.

The representative of the main opposition Awami League (AL) in the parliamentary standing committee on finance ministry gave a note of dissent and walked out of the meeting while the parliamentary panel was scrutinising the bill, terming it a violation of the constitution and democracy. The committee later finalised the bill without bringing major changes and is to submit a report recommending its passage in the next parliament session slated for May 12, meeting sources said.

Once passed, the bill will put the Bretton Woods institution beyond any legal action, a privilege the multilateral lending agency enjoys in no other country of operations.

The International Monetary Fund (IMF) and the Asian Development Bank (ADB) were given legal immunity earlier in 1972 and 1973. The WB was then given partial immunity. The Daily Star, May 2.

Mohammad Ali new Attorney General
Additional Attorney General AJ Mohammad Ali has been appointed the 12th Attorney General of Bangladesh to replace Hassan Ariff who resigned recently. Mohammad Ali will take over the charge on Monday as President Iajuddin Ahmed appointed him the chief law officer of the state.

Hassan Ariff, who resigned apparently over disagreements with the government on several issues, attended his last day in the office. Meanwhile, a group of government law officers after Ariff's resignation demanded removal of a few law officers identifying them as "followers of Ariff." Branding attorney general Ariff a failure, the law officers yesterday demanded ouster of officers who were appointed during the last Awami League regime, accusing them of corruption, nepotism and irregularities. The demands came from a meeting at the attorney general's office yesterday with Assistant Attorney General Waliur Rahman in the chair. Some 20 out of more than 60 law officers attended the meeting.

The meeting noted that Ariff did not resign on health grounds -- rather the prime minister asked him to quit as in the last three years he miserably failed to run his office.

The hour-long meeting held before the formal appointment of Mohammad Ali, urged the government to appoint an attorney general who will be loyal to the ruling alliance. AAG Rejaul Karim said an investigation should be launched against a law officer who is involved in human rights organisation Odhikar. Without mentioning the officer's name Karim said, "He is making the government controversial." The Daily Star, May 2.

CMP chief removed as EC finds him guilty
The government removed the Chittagong Metropolitan Police (CMP) commissioner after the Election Commission (EC) the same day ordered for his removal on the failure to discharge his duties impartially in the run-up to Chittagong City Corporation (CCC) elections.

The home ministry attached M Amzad Hossain, the commissioner, to the Police Headquarters and made Additional Commissioner Mohammed Moniruzzaman as Acting CMP Commissioner.

The EC, a quasi-judicial body, had also directed the home secretary to immediately replace him with a suitable person for holding the May 9 polls in a free, fair manner. Sources close to Amzad, however, said he was going around saying that he would be reinstated in his position once the election is over. The EC order came in the wake of allegations by main opposition Awami League-backed Chittagong Nagorik Committee that the CMP commissioner was harassing its workers and favouring the ruling alliance candidate.

The Nagorik Committee is backing incumbent Chittagong City Mayor ABM Mohiuddin Chowdhury for a consecutive third term in office. The CMP commissioner, after declaration of the election schedule, made a number of arrests that apparently amounted to harassment and intimidation, the EC said in its judgement. Prothom Alo, May 3.

Man killed for protesting adulterated oil sale
A young man, struck hard on the head by a grocer after a scuffle over sale of adulterated soyabean oil, died at Dhaka Medical College Hospital (DMCH).

As Abdul Majid, 30, a resident of Karail slum in Gulshan, protested grocer Mohammad Ripon's selling adulterated oil to him the previous day and pressed Ripon for taking back the oil, their altercation turned into a scuffle, said duty officer of Gulshan Police Station. "At one stage, Ripon struck Majid on the head with a wooden stick, leaving him seriously wounded," he added. Majid was rushed to DMCH where he succumbed to his injuries after an hour. Police arrested Ripon. The Daily Star, May 3.

Chapa Murder SC overturns HC order
The Supreme Court (SC) overturned the High Court (HC) verdict that had acquitted the three accused earlier sentenced to life imprisonment by the lower court in the Chapa murder case in Barisal 16 years ago. After hearing both sides, the three-member Appellate Bench headed by Justice Mohammed Fazlul Karim upheld the lower court verdict, reducing the punishment of two lifers to seven years. Fauzia Rahman Chapa, mother of a son and wife of Shahidul Alam, one of the owners of REPHCO Pharmaceutical Laboratory, was murdered in her house at Fakirbari Road in Barisal City, when the husband was on a visit abroad.

The court upheld the life imprisonment of Shahidul's brother Zahurul Islam Kamal and reduced the punishment of Nasiruddin Jamal, another brother of Shahidul, and their brother-in-law (dulabhai) Zillul Bari to seven years. The court in its judgment directed the convicts, who were set free nine years ago, to surrender before the trial court immediately. On an appeal against the district court verdict, the High Court acquitted them on benefit of doubts in April 1996. UNB, Dhaka, May 3.

CJ ducks SCBA sit-in for Faizee's removal
The Supreme Court Bar Association (SCBA) staged a two-hour sit-in in the chief justice's entryway to the Supreme Court, demanding resignation of Additional High Court Judge Faisal Mahmud Faizee. Chief Justice Syed JR Mudassir Husain however avoided any encounter with the demonstrators by entering his office an hour before the sit-in. The protesting lawyers warned that if the chief justice continued to allow Faizee to conduct judicial work, the SCBA would organise a sit-in in front of the chief justice's courtroom, then go for hunger strike and even boycotting his court.

During the demonstration, the lawyers also said, if necessary, they will demand resignation of the chief justice. They accused the chief justice of violating his oath and obliging the government. About 150 lawyers gathered at the Supreme Court building gate and joined a protest rally chaired by SCBA President Mahbubey Alam. He urged the chief justice not to make himself controversial for a person like Faizee. Former SCBA president Ozaer Faruk said, "We are protesting the activities of chief justice…If you [chief justice] think our demonstration is meaningless, ask Faizee to show his original LLB certificate." Bar Council member Sahara Khatun told the rally, "We are preparing to file a criminal case against Faizee for lying about his age." The Daily Star, May 4.

ACC to probe actions against corrupt officials
The Anti-Corruption Commission (ACC) will probe corruption of government officials getting away with minor punishment on the pretext of departmental action. The Commission will call for records of departmental cases filed against government officials on graft charges to see if adequate actions had been taken against them. The anti-graft watchdog observed that many government officials got away with minor punishment for big corruption, according to Commission sources. "In many cases, respective departments withhold two increments or stop promotion or suspend (officials) for a few months although the officials indulge in huge corruption for which they should face criminals charges," an ACC official told The Daily Star yesterday, seeking anonymity.Sources said many trade union leaders and officials and employees with political backing in different government departments escape punishments using their political identity despite doing huge corruption. "Steps taken against them in the name of punishment often amount to mere eyewash," said an ACC source. The Daily Star, May 4.


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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