Law
week
HC
stays cancellation of Faizee's enrolment
The High Court (HC) in a rule stayed Bangladesh Bar Council's
cancellation of Additional Judge Faisal Mahmud Faizee's
certificate of enrolment as an advocate and ordered it
to explain why the cancellation would not be declared
illegal.
The
court directed the Bar Council to respond to the rule
within eight weeks and stayed the cancellation until the
rule is disposed of. It also ordered the Bar Council to
explain why the show-cause notice the Council had served
on Faizee would not be declared illegal. The Council in
November asked Faizee to show cause within seven days
why his enrolment should not be cancelled. Faizee did
not reply to the notice, though. Later, on April 24, the
Bar Council at a meeting cancelled Faizee's certificate
of enrolment.
The
HC rule and the stay order followed a writ petition filed
by Faizee on May 5 challenging the Council's show-cause
notice and cancellation of his enrolment. This is the
first time in the country's judicial history that a sitting
judge himself has turned to the highest court to save
his job. The respondents of the rule are the Bangladesh
Bar Council represented by its secretary, its chairman
and Vice-Chairman Barrister Rokanuddin Mahmud. The
Daily Star, May 8.
Savar
tragedy factory owner surrenders, sent to jail
A Dhaka court sent the managing director of the collapsed
sweater factory at Savar, Shahriar, alias Sayeed Hossain,
and a director of the factory, Abul Hashem Fakir, to jail
after they surrendered for bail. Shahriar had been absconding
since April 11, when the nine-storey factory building
at Palashbari in Savar collapsed in the middle of the
night, killing 61 people and injuring 84 others, according
to official estimates.
Judge
Mohammad Rafiqul Islam of the District and Sessions Judge's
Court issued the order when Shahriar, the managing director
(MD) and also one of the owners of Savar Spectrum Sweaters
Industries Ltd., as well as director Hashem Fakir, alias
Abul Hashem Fakir, appeared before the court for bail.
The two accused, along with their lawyers, advocates Abdus
Sabur, Khorshed Alam and Sanaullah Miah, appeared before
the court seeking bail.
Moving
the bail petition, the lawyers told the court that the
building collapse was merely an accident and that the
owner paid Tk 20 lakh to the victims' family members.
Moreover, the charges brought against the accused are
all bailable, the lawyers said. The
Daily Star, May 9.
Colonel
Faruk acquitted of forex case
Condemned prisoner in the Bangabandhu Murder Case Lt Col
(dismissed) Syed Farukur Rahman has been acquitted of
charges in a case filed for possessing foreign currencies.
The
Fourth Additional Metropolitan Sessions Judge's Court
yesterday pronounced the verdict in presence of Faruk,
also sentenced to life in the Jail Killing Case. Judge
Mohammad Monzurul Haq Bachhid of the court said the charges
brought against him were not proved.
Earlier,
the prosecution and the defence completed their arguments
and the court recorded statements of six prosecution witnesses.
Later,
two cases were filed with Cantonment Police Station --
one under the Arms Act and the other under the Special
Powers Act. The Criminal Investigation Department (CID)
pressed charges against Faruk in the foreign currency
case on January 29, 1997. The
Daily Star, May 10.
Jubo
dal leader killing 11 AL men given life term
A Dhaka court sentenced 11 leaders and activists of the
Kapasia upazila unit Awami League (AL) to life imprisonment
for killing Moktar Hossain, a Jubo Dal leader of Kapasia
upazila of Gazipur, in October 2001.
Following
the verdict, police swooped on AL leaders and activists
while local lawmaker Tanjim Ahmed Sohel was addressing
a rally on the court premises, expressing his dissatisfaction
over the judgement. The convicts are Singhsree Union Parishad
Chairman Ashraf Uddin Khan, Sajal, Shafiq Kaiya, Huzrul,
Romel, Mukul, Kashem, Momtaz Morol, Khokon, Swapan and
Farhad Hossain. The court acquitted 11 others as the charges
brought against them were not proved.
Judge
AR Masud of the Speedy Trial Tribunal-4 handed down the
verdict in a packed courtroom in the presence of the convicts.
Earlier, the prosecution and the defence completed their
arguments and the court recorded statements of 14 prosecution
witnesses. Prothom
Alo, May 10.
Kibria
killing chargesheet in blast case accepted
A Special Tribunal here accepted the charge sheet in the
explosive case involving the killing of former finance
minister and Awami League (AL) leader Shah AMS Kibria.
Terming
the investigation incomplete, the complainant urged the
court to investigate the source of the grenade, which
was used in the incident that killed AL lawmaker Kibria
and four other AL men on January 27. But the court rejected
the appeal as well as the prayer for bail of the eight
accused and issued warrants of arrest against the two
absconding accused.
The
eight accused were produced before the Special Tribunal-1
under strict security. They are principal accused Abdul
Kaiyum, Shahed Ali, Jamir Ali, Joinal Abedin Momin, Aiat
Ali, Selim Ahmed Joinal Abedin Jalal and Tajul Islam.
In his appeal, complainant Mohamad Azizul Islam, told
the court the investigating officer (IO) in the explosive
case mentioned that the grenade used in the January 27
incident was brought from Chunarughat. But the IO in the
charge sheet did not mention from whom the grenade was
collected. Azizul Islam termed it a failure of the IO
and expressed his apprehension that lack of such information
would not bring justice. BD
News, May 10.
SCBA
takes out black flag procession
The Supreme Court Bar Association (SCBA) took out a procession
at the Supreme Court premises, demanding the removal of
High Court Additional Judge Faisal Mahmud Faizee.
Over
100 lawyers carrying black flags joined the procession.
After the procession, the SCBA leaders addressed a rally
and urged Faizee to resign. They also urged Chief Justice
Syed JR Mudassir Husain not to allow Faizee to sit at
any bench. "We've learnt about a government move
that asked the Chittagong University to show Faizee innocent
in a so-called investigation and award him an LLB certificate,"
SCBA President Mahbubey Alam said at the rally.
The
Bangladesh Bar Council, in an unprecedented move on April
24, cancelled Faizee's enrolment certificate as a lawyer
on the grounds of providing false information about his
age.
The
High Court, on Saturday, stayed the Bar Council decision
following a writ petition filed by Faizee himself that
challenged the cancellation of his enrolment. Prothom
Alo, May 11.
Govt
to probe deaths in Rab crossfire
Amidst controversies over extra-judicial killings, the
government decided to conduct executive enquiry into the
deaths in "crossfire" with Rapid Action Battalion
(Rab). "We will conduct executive enquiry into the
incidents," State Minister for Home Lutfozzaman Babar
told journalists after a meeting of the cabinet committee
on law and order. "The enquiry will start shortly,"
he said.
LGRD
and Cooperatives Minister Abdul Mannan Bhuiyan who chaired
the meeting said an enquiry would take place to examine
whether the incidents of death were intentional. Available
statistics show more than 80 people were killed in Rab
"crossfire" since the anticrime force went into
action on March 26 last year. Sources concerned said that
the meeting had discussion on the concerns expressed by
European Union and others over the extra-judicial killings.
The main opposition Awami League also took a tough stance
on the issue after a mid level leader of the party, Dudh
Mia, was killed in crossfire last week.
Among
others present in the meeting were Law Minister Moudud
Ahmed, Housing and Public Works Minister Mirza Abbas,
Fisheries and Livestock Minister Abdullah Al Noman, cabinet
secretary, home secretary, law secretary and inspector
generation of police. BD
News, May 12.
Corresponding
with the Law Desk
Please send your mails, queries, and opinions to: Law
Desk, The Daily Star 19 Karwan Bazar, Dhaka-1215;
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