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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: 206
September 10 , 2005

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Law week

SCBA for legal action against 2 BNP high-ups
Supreme Court Bar Association (SCBA) called for legal action against Health Minister Khandker Mosharraf Hossain and BNP Joint Secretary General Gayeshwar Chandra Roy for 'contemptuous' comments about the High Court verdict that declared illegal the fifth amendment to the constitution. Terming the silence of the chief justice 'unfortunate', the SCBA in a resolution of an adjourned general meeting said the chief justice has failed to protect the dignity of the judiciary even after incidents of 'committing arrogant conducts' by the administration towards the court. The resolution said Mosharraf and Gayeshwar made 'unjust, indecent and contemptuous' statements on the HC judgement at a meeting on the occasion of BNP's 27th founding anniversary on September 1. "Gayeshwar Chandra Roy termed the verdict a small bomb, the blast of which has embarrassed and panicked the nation," it adds. The SCBA condemned the health minister and the BNP joint secretary general for making such contemptuous comments. It also slammed the incident of not taking action against anybody for obstructing the court function by the members of intelligence agencies. The Daily Star, September 4.

14-party vows to oust govt, establish secular rule
Leaders of Awami League-led 14-party opposition pledged to reinstate four main principles of the 1972 constitution and establish a secular democratic government through ousting the BNP-Jamaat-led coalition. Observations of the recent High Court (HC) judgement that declared the fifth amendment of the constitution illegal, will be implemented if they take office, they said while addressing a joint rally at Muktangon in the city. The "historic judgment" will strengthen the foundation of democracy and uphold the supremacy of the constitution, they said at the rally formed as part of the opposition's countrywide joint demonstration to protest against the BNP-Jamaat government's naked interference into the judiciary after the recent HC verdict.
"The verdict also cut the root of the BNP and its self-made distorted history," AL General Secretary Abdul Jalil said, adding that the government got panicked after the verdict as their misdeeds came out through the judgment. After the verdict, the BNP has no moral right to cling to power anymore as it was formed through an illegal process, Jalil observed. The Daily Star, September 5.

Tough anti-terror laws on the cards
The government is examining the necessity of enacting tougher laws to suppress terrorists and terrorism in the country. Despite having provision for taking strict measures against terrorists and terrorism under the existing laws, the government is considering new laws in the wake of the August 21 carnage last year and the August 17 explosions across the country.
Law, Justice and Parliamentary Affairs Ministry Moudud Ahmed said this during an exclusive interview with the national news agency. Moudud said the government considers the August 17 blasts as deep-rooted conspiracy against democracy, constitution, humanity and the very existence of the nation. That is why the government has deployed all of its might to trap and punish the conspirators and extremists. The minister said there is no scope to view these incidents from any partisan outlook as they are related to the country's independence and sovereignty. BSS, Dhaka, September 5.


Militants threaten journos, renew vow for Islamic rule
Islamist militants issued death threats to nine Satkhira-based journalists of different national, regional, and local dailies for reporting on the August 17 countrywide blasts. The threats were made in letters written on behalf of Bangla Bhai, Ahle Hadith, and ruling alliance partner Jamaat-e-Islami Bangladesh. Meanwhile, Barakatullah Al Morshed, a madrasa teacher arrested a week after the near-simultaneous explosions, has reportedly admitted his involvement in the August 17 blasts in Bagerhat, reports UNB.
The journalists who received the death threats are Abu Ahmed of The Daily Star, Kalyan Banerjee of Prothom Alo, Ramkrishna Chakraborty of Samakal, Mizanur Rahman of Janakantha, Subhas Chowdhury of Jugantar, Yarab Hossain of Runner, Kali Das Karmakar of Janata, Abul Kalam Azad of Patradut, and Raghunath Kha of Janmabhumi. A piece of white cloth as a symbol of shroud was attached to each of the letters posted to the journalists. The militants also threatened to kill the journalists belongin to the Hindu community if they continue to report on Jamaat and other Islamist parties. The Daily Star, September 5.

Moudud for law to make govt agencies accountable
Law Minister Moudud Ahmed has pledged he will take an initiative to formulate a law requiring all government agencies involved in finance to publish annual reports on their earnings and expenditures. "We could have progressed much in the question of the right to information if there was a printed report of all small and big government agencies starting from Union Parishad (UP)," he said, addressing as the chief guest a daylong seminar on the right to information in Bangladesh.
"So, I will take an initiative to make a law binding all the government agencies to generate their annual reports," he committed when a group of civil society members, NGO activists, journalists and academicians pressed the minister that general people are kept in the dark about the sources of income and expenditure of government machinery. Manusher Jonno, a nonprofit organisation, organised the seminar at the Brac Centre conference room. The Daily Star Editor Mahfuz Anam said freedom of information is necessary for bringing transparency in the government activities and strengthening democracy in the country. The Daily Star, September 6.

New rules to regulate Rab
The government has notified a gazette on Rapid Action Battalion Rules empowering the elite force to try its unruly members in a fashion almost identical to a court martial.
Rab personnel from different disciplinary forces will have to face life imprisonment and punishment on different terms if found guilty by two kinds of courts--the Special Court and the Summary Court--as prescribed in the new rules, which came into effect August 16. Those who are not from the disciplinary forces will be tried under departmental proceedings, which prescribe termination of jobs, removal, forced retirement, demotion, withholding of promotion, cuts in salary and allowances and withholding of increment.
Authorities claimed the trial process is designed following the Armed Police Battalion Ordnance, 1979 court system and departmental proceedings. If a Rab officer is convicted, he will be able to appeal to higher authorities--inspector general of police (IGP) and the home ministry--against the verdict within 30 days of the delivery of the judgement. Prothom Alo, September 7.

ACC screens out 50pc Bac staff
After 10 months of its formation, the Anti-Corruption Commission (ACC) completed screening of the now-defunct Bureau of Anti-Corruption (Bac) staff. The anti-graft watchdog will keep about 50 percent of the Bac employees and ask the government to take back the rest, sources said. The Bac had 1,008 employees when it was dissolved in November last year. The screening was finalised at a meeting attended by ACC Chairman Justice Sultan Hossain Khan and Commissioners Prof Maniruzzaman Miah and Maniruddin Ahmed. The meeting saw some sharp disagreement and the situation at one point became so intense that Maniruddin Ahmed walked out of it and did not return.
Earlier on June 29, the ACC in the opening phase of the screening inducted into it 20 anti-corruption officers (ACO) and 30 inspectors from the pool of Bac officers through a gazette notification on screening criteria. The meeting decided to have 14 more ACOs, 20 more inspectors, 77 assistant inspectors (third class employees) from the Bac staff.
Besides, it chose to retain half of the remaining 681 third and fourth class employees of the Bac. The Daily Star, September 7.


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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