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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: 190
May 21, 2005

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Law week

Building knock-down stopped on HC stay order
Rajdhani Unnayan Katripakkha (Rajuk) authorities yesterday said they could not demolish the unapproved 11-storey building in Patuatuli in Old Dhaka due to a High Court stay. A statement signed by Md Nasiruddin, member (planning), said the Rajuk chairman had allocated Tk 4.56 lakh to knock down the building.

Rajuk sent a team comprising magistrates and police with necessary equipment to bulldoze the building on 11 May. But the team could not perform its duty due to the HC order, the statement added. If the building collapsed, the owner would be held responsible, since Rajuk had sent him several notices, it said. However, the authorities claimed they have already taken legal measures to lift the stay order, as the structure has become a threat to a large number of people. "Rajuk will demolish the unapproved part of the building as soon as the stay is lifted," said the statement. -The Daily Star, May 19.

SC Bar to cancel Sircar, Moudud membership
Supreme Court Bar Association (SCBA) on May 17, decided to cancel membership of the speaker and the law minister for their remarks against SCBA lawyers' ongoing agitation demanding removal of an additional High Court judge.Noted jurists Dr Kamal Hossain and Dr M Zahir also questioned the speaker's ruling against the lawyers' movement, saying the speaker of the Jatiya Sangsad has no jurisdiction to issue such a ruling on matters out side the House. Speaker Jamiruddin Sircar and Law, Justice and Parliamentary Affairs Minister Moudud Ahmed are associate members of the SCBA which has been spearheading a movement for removal of the judge, Faisal Mahmud Faizee, since last month. -The Daily Star, May 18.

Judges, Bar agitation brew storm at JS
Law, Justice and Parliamentary Affairs Minister Moudud Ahmed in parliament slammed leaders of the Supreme Court Bar Association (SCBA) and Bangladesh Bar Council for staging demonstrations on the Supreme Court premises.

Moudud criticised the Supreme Court for not taking any actions against the demonstrators and questioned, "Doesn't it fall into a [category of] contempt when a section of lawyers are blocking the chief justice's entrance?" Referring to instances of contempt of court for 'misconduct' in relation to judges outside the courtroom, the law minister said it depends on the Supreme Court to uphold its image. He criticised the judges who do not sign the certified copies of their judgements. The government has been deprived of about Tk 1,200 crore in revenues as the National Revenue Board cannot get certified copies of the judgements. "I have a list of 300 cases in which the judges are delaying putting signatures," he added.

Speaker Jamiruddin Sircar in a ruling said the Supreme Judicial Council should see whether the delay is being caused by inefficiencies of the judges and if so, those judges should be removed. Describing it as a 'conspiracy within to undermine the judiciary', the law minister said, "The Supreme Judicial Council should take necessary steps in this regard. It is not possible for us to get involved in the situation. -The Daily Star, May 17.

Contempt rule on judge, PP, accused
The High Court (HC) served a suo moto contempt rule on a Dhaka court judge, the public prosecutor (PP) and the sacked managing director (MD) of Inqilab TV for granting the MD bail in a sedition case in the lower court while the matter was pending with the High Court. Judge Mohammad Shamsul Alam Khan of the Court of First Additional Metropolitan Sessions Judge, Dhaka, PP Abdullah Mahmud Hassan and Shoaib Chowdhury are to respond to the rule that ordered them to explain why contempt proceedings should not be drawn against them.

The High Court Division Bench of Justice Khademul Islam Chowdhury and Justice Emdadul Haq Azad also directed them to appear before the court on May 24 to explain their position on the matter.

The metropolitan sessions judge's court granted bail to the terminated Inqilab TV MD, Salauddin Shoaib Chowdhury, on April 30 in a sedition case upon a bond of Tk 1 lakh with four guarantors. The PP did not oppose the bail petition despite being the prosecution lawyer since the case was filed on January 24 last year. During hearing on the bail petition, PP Hassan had told the court that he would have no objection to the bail move since the court grants the accused bail with proper guarantors. -The Daily Star, May 17.

WB Immunity Bill JS body places report
A parliamentary standing committee report recommending passage of the much-talked about bill that proposes immunity to World Bank (WB) in its operations in Bangladesh was placed in the Jatiya Sangsad.

Chairman of the parliamentary standing committee on finance ministry Mushfiqur Rahman tabled the report in which Awami League lawmaker Mohammad Sayedul Haque gave a note of dissent saying the bill put the WB above the law.

The main opposition party lawmaker in his note said the bill goes against the constitution and democracy. The bill, titled The International Financial Organisations (Amendment) Act, 2005, proposes incorporating two new articles into The International Financial Organisations Order, 1972 (Presidential Order No 86 of 1972). The bill provides for legal immunity to the World Bank and if it is passed, no one can sue any of the bank staff for their operations in Bangladesh.

The bill was placed in parliament on October 31 last year amid widespread criticism by the opposition political parties, the civil society and rights groups.

"No other country in the world gave such immunity to the World Bank by enacting such a black law," Sayedul Haque said in the note of dissent. He said if the bill is passed, citizens of Bangladesh will be deprived of their right to sue the World Bank even if any of its policies brings any damage to the country. -Prothom Alo, May 16.

Govt framing new law on court contempt
Proceedings of contempt of court in recent months on the ground of 'misconduct' in relation to judges outside the courtroom have prompted the government to move to introduce a new contempt law immediately.

The government feels the term -- contempt of court -- should be specifically defined as some judges have sued people on charges of contempt following incidents in their personal life.

"It is high time to define what is contempt of court," Law Minister Moudud Ahmed said yesterday at a closed-door meeting with the Law Commission. He urged former chief justice Mostafa Kamal, chairman of the commission, for expediting drafting of their recommendations to that end. The law minister also advocated amendments to the rules of the Supreme Court (SC) for resolving problems including delay in the process of completing judgements.

Presently, there is no law on contempt of court except for one of 1926 introduced by the British rulers in regards to the contempt of court. Experts say the law does not define contempt, neither does it give guidelines on how to define it. The law ministry sent a reference to the Law Commission that, on completion of its review, is working on a draft bill on contempt of court by changing the 1926 one. -The Daily Star, May 16.

HC rule on govt as HR body not formed
The High Court (HC) asked the government and the Parliament Secretariat to explain why it (government) should not be directed to form a National Human Rights Commission for protecting human rights.

The rule came after Supreme Court lawyers Abdul Momen Chowdhury, KM Zabir and Zahrul Islam filed a writ petition about the urgency of forming the commission, a key election pledge of the ruling four-party alliance. A Division Bench of the HC asked the law secretary and secretary of the Parliament Secretariat to submit their reply in eight weeks.

The petitioners said establishment of a human rights commission is indispensable for social, economic and political rights and for administration of justice. It is needed also to prevent corruption and alleviate poverty, they stressed.

According to sources, a draft bill on National Human Rights Commission, prepared in 2003, is gathering dust at the Cabinet Division. The government formed a cabinet committee headed by the law minister on December 10, 2001 to prepare the draft bill. After a series of meetings, the committee finalised the draft and sent it to the Cabinet Division on January 23, 2003. It was placed at the cabinet meeting on January 29 the same year. The cabinet however sent the bill back to the law ministry for further scrutiny. Since then it is lying at the ministry. -The Daily Star, May 15.


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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