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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: 191
May 28, 2005

This week's issue:
Star Law analysis
Human rights advocacy
Law education
Star Law Report
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Law Week

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Law week

Justice Aziz becomes CEC
The government appointed Justice MA Aziz, a sitting judge of the Appellate Division of the Supreme Court, Chief Election Commissioner (CEC), ignoring the longstanding demand of the opposition and the civil society for a consensus appointment.

President Iajuddin Ahmed yesterday morning made the appointment on the advice of Prime Minister Khaleda Zia, causing widespread resentment among the opposition parties whose demand for a CEC acceptable to all was turned down. The government maintains that there is no constitutional obligation to hold talks with the opposition on the issue.

Aziz, whose appointment came a day after MA Syed's tenure as CEC expired on May 22, took his oath of office. Chief Justice Syed JR Mudassir Husain administered the oath.

On entering his new office, MA Aziz told journalists that his first priority is holding elections in a free and fair manner. Asked about the criticism from the opposition parties of his appointment, he said he is not involved in politics. " I am nobody's man. I rather am a friend of everybody. I will try my best to serve the nation," he added. The mainstream opposition parties, which have long been demanding appointment of the CEC through political consensus, strongly criticised the 'unilateral appointment'. The main opposition Awami League (AL) rejected outright the appointment. -The Daily Star, May 24.

HC bans agitation at court, boycott
The High Court in an unprecedented ruling banned agitation on the Supreme Court or any other court premises and boycott of the courts. The suo moto rule came a week into the speaker's ruling in parliament that suggested that the High Court take legal measures against the lawyers' agitation for removal of a controversial judge.

The court prohibited gathering, congregation, picketing and laying siege to the entrance to any court. It also slapped a ban on boycotting or abstaining from attending any court on the basis of any decision of any Bar associations or Bangladesh Bar Council. The court also imposed a moratorium on activities interfering with judicial work or operations of any court or hindering access of any person to the courts. No rally can be held or human chain formed or sit-in demonstrations staged on the Supreme Court premises or any court premises in the name of any forum or the Bar associations. Besides, no lawyer can circulate leaflets, put up banners or give statements to or publish them in any way through the press or any other media. -Prothom Alo, May 24.

Savar Factory Collapse HC asks why not probe by judge
The High Court issued a rule asking the government why it should not be directed to form a commission headed by a sitting or a retired Supreme Court judge to inquire into the factory collapse in Savar, find the culprits and suggest measures to prevent such disasters in future.

The court also restrained the chairman, managing director and directors of the Spectrum Sweater Industries Ltd from disposing of their assets and properties. It asked them to show cause why they would not be directed to pay adequate compensations for rehabilitating the victims. The court orders came following a writ petition filed by four injured workers and nine rights based organisations. The court also issued the show cause notice on about 20 people asking them to reply in two weeks.

The respondents include the secretaries of the ministries of home, labor and employment, industries, food and disaster management, land, and environment. The deputy commissioner of Dhaka, chief inspector of factories of Rajuk, chief executive officer of Savar Cantonment Board, director general of Fire Service, president of BGMEA and three owners of the sweater factory are the other respondents. -The Daily Star, May 25.

HC asks EC to collect info on MP aspirants
The High Court ordered the Election Commission (EC) to collect information on parliamentary election candidates' academic qualification, profession, source of income, criminal records, if any, and other issues. The order came against a writ petition filed one month ago by three lawyers who argued that the EC should compile such information on candidates and make them public to help voters choose their representatives properly.

On the day of filing the petition, the court had issued a rule on the EC asking it to explain why it should not be directed to take measures to collect information as mentioned in the writ petition.

The EC did not oppose the rule. The High Court made the rule absolute and ordered that when a person files nomination paper for parliamentary election, the EC should ask the candidate to provide a set of information through affidavit. The required information are about the candidate's academic qualification (to be proved by certificate), and about whether they are accused in any criminal cases at present or whether there were any criminal records in the past. The candidates should also inform the EC about their profession and sources of income. The assets and liabilities of the candidate and their dependants should also be reported. -The Daily Star, May 25.

US blasts Dhaka for extra-judicial killing, HR violations
The United States blasted Bangladesh for extra-judicial killings, human rights abuse, repeated bomb blasts, dilly-dally in investigating and finding out the perpetrators in the August 21 grenade attack and former minister SAMS Kibria killing.

The criticism came at a briefing on Bangladesh at the US Congress in the Washington DC where the US Congressional leaders recommended Bangladesh's inclusion in the Millennium Challenge Account (MCA) and allocated about $100 million in assistance for Bangladesh to be disbursed through the USAID this year.

If included in the programme, the quantum of US development assistance to Bangladesh is expected to be doubled within a year. At the meeting, overall political, social and human rights issues came up for discussion that witnessed both appreciation and criticism. In a report placed before the briefing, country's political and social issues received mild criticism while empowerment of women and social sector development was highly appreciated. The congressional hearing expressed doubt over the election system of the country and proposed for UN election observation.Congressman Joseph Crowley, presiding over the session organised by the Congressional Human Rights Caucus, urged the US administration to help Bangladesh sustain its democratic and economic strides through increased development assistance.

A panel of administration officials were present to brief the Congress on recent developments in Bangladesh that included Deputy Assistant Secretary of State for South Asia John Gastright and USAID Mission Director for Bangladesh Gene George.The second session constituted by independent experts including NDI Resident Director in Bangladesh Owen Lippert, South Asia expert at the US Institute of Peace Christine Fair and US Chapter of the Amnesty International T Kumar.

Awami League's senior leader Suranjit Sengupta and top US leaders of ruling BNP and AL were present at the briefing. After the hearing, Foreign Minister M Morshed Khan and Suranjit Sengupta met Crowley. Khan was not present at the hearing. - BD News, May 26.


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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