Law
Week
Draft coal policy violates constitution
Economists and energy experts at a dialogue yesterday said the draft coal policy violates the constitution as it seeks to award the coalfields to foreign investors on a royalty basis. They said the policy, which has been prepared without consulting the people, is basically export-biased and lacking in terms of national interests. As it has been drawn up without linking the National Energy Policy, it may lead to a serious energy crisis in near future, they added. The draft policy prepared by the Infrastructure Investment Facilities Centre (IIFC) has never been discussed in parliament, whereas article 143 (1) of the constitution says all resources underlying any land or territorial waters vest in the people. The draft policy also does not hold the foreign investors liable in case of defaults that may cause national losses, the paper noted suggesting contracts of profit or production sharing, along with royalty. The provision that the investor will determine the mining method is also wrong, said BEA General Secretary Dr Abul Barkat, adding that the method must be approved by the government. --The Daily Star, March 11, 2006.
Shaekh Rahman charges in two cases to be filed in a week
Charge sheets in two cases filed in Sylhet against the chief of outlawed JMB, Shaekh Abdur Rahman, and his associates will be submitted in a week, said Superintendent of Police (SP) of Sylhet Ansaruddin Khan. He told the Daily Star yesterday afternoon that investigations are progressing in a good pace. There is no need for further remand of the JMB chief, the SP added. A three men team of Criminal Investigation Department officials from the capital are also in Sylhet monitoring the investigations. -- The Daily Star, March 11, 2006.
Law drafted to curb terrorist financing
The government has drafted the anti-terrorist financing act aiming to clamp down on the militants' sources of funds, their financers and bring them to justice.
"The draft of the law to trace the financers of the militants would be placed before the cabinet on Monday [tomorrow]," Law, Justice and Parliamentary Affairs Minister Moudud Ahmed said while talking to ntv, a private TV channel, yesterday. He said the militants could be tried at the existing speedy trial court or a new tribunal could be set up, if necessary, for trying them. According to sources in the home ministry, the new law will have provisions of death penalty or life term imprisonment as the maximum punishment to the people who will be found guilty of financing terrorists. A special court will also be set up under the new law for trying those who finance the militants, the sources said, adding that the judgement of the cases under the law will be given within six to eight months. For conducting investigation a new office in the name of Financial Crime Investigation and Prosecution Office (FCIPO) will also be set up. Representatives from Bangladesh Bank, National Board of Revenue, Rapid Action Battalion and other related intelligence agencies will work under the office. According to the proposed law, any act that poses a threat to the sovereignty, unity, integrity or security of Bangladesh is a terror. Any act of damaging public or private property, hindering supply of materials essential for people's life, keeping any person as hostage, threatening one with death, assaulting one physically or creating public panic by such acts has also been defined as terrorism. --The Daily Star, March 11, 2006.
9 members of fake mobile court held
Rapid Action Battalion (Rab) arrested nine members of a fake mobile court at Mirpur in the city yesterday. Saiful Alam Bhuiyan led a team of nine men and raided Mongol Bakery on Mazar Road around 1:00pm. He claimed to be a magistrate and fined the bakery authorities Tk 1 lakh as the documents and environment were not up to the mark. However, the authorities got suspicious as the 'magistrate' reduced the fine to Tk 1,000 and the 'court' had no law enforcers. Informed by the employees, Rab-4 personnel rushed to the bakery and arrested the nine. The Rab also seized a microbus, a camera, a mini-cassette player, Tk 1,000 and a banner, on which "Dainik Choukash" was inscribed. --The Daily Star, March 11, 2006.
Rahman remanded at Dhaka court
Law enforcers took Jama'atul Mujahideen Bangladesh (JMB) chief Abdur Rahman on another 10-day fresh remand instead of producing him before a Sylhet court yesterday, showing him arrested in an August 17 bomb blast case in the capital. Rahman was supposed to be produced before the Sylhet court that sent him on the earlier 10-day remand after his arrest but was shown arrested in a case filed for an explosion near Dhaka Sheraton Hotel on August 17 last year. A Sylhet court, meantime, sent two JMB cadres and Rahman's family members on another 10-day fresh remand while a Mymensingh court sent Chan Miah and his wife Rina Akhtar, the hosts of Bangla Bhai, on a 10-day remand. The members of Rapid Action Battalion (Rab) took Rahman to the court of Chief Metropolitan Magistrate (CMM), Dhaka amid tight security, reports our court correspondent. Apart from lawyers and litigants, hundreds of commoners gathered on the court premises to see the militant leader. DB Inspector Shah Mohammad Moshiur Rahman in his appeal termed Rahman "the mastermind" of the August 17 countrywide blasts and sought the remand period for further quizzing him. No lawyer defended the chief of the banned militant outfit. Rahman himself also did not say any word. According to the Criminal Procedure Code (CrPC), producing Rahman before a Dhaka court was violation of the CrPC as he was supposed to be produced before the Sylhet court that granted his earlier remand. Our Sylhet correspondent reports: First Class Magistrate Ershadul Haque yesterday granted the 10-day fresh remand for JMB men Hridoy Chowdhury and Abdul Aziz alias Hanif, Rahman's wife Nurjahan Begum, daughter Afifa and Hridoy's wife Chameli. The magistrate also ordered to send house-help Tasmia and two children--Mahmud and Fuad--to safe custody. --The Daily Star, March 13, 2006.
Hearing on EC's leave-to-appeal deferred again
The Supreme Court yesterday deferred for a fortnight the hearing on Election Commission's (EC) leave to appeal against the High Court's (HC) directives regarding preparation of the much-debated electoral roll. Court sources said the latest deferment was due to absence of Dr Kamal Hossain, the counsel for the writ petitioners, and 'quorum non-judice' of the full court of the Appellate Division. Dr Kamal is on a visit abroad. Earlier, the hearing was deferred thrice for quorum crisis following the illness of judges. The court fixed March 27 as the next date for hearing. By that time, the enumeration across the country will be completed within a twice-extended timeframe. The HC directives came on January 4 in response to two writ petitions filed by the main opposition Awami League lawmakers. The petitions challenged the validity of the unilateral decision of the chief election commissioner (CEC) to have a fresh roll. They also sought a stay on the preparation of the controversial voter roll. The HC asked the commission to revise the existing voter roll. Averse to abide by the court's ruling, the EC has petitioned the Appellate Division to overturn the January 4 judgment.-- The Daily Star March 13, 2006
Anti-terror Law doesn't approve as some ministers oppose
The cabinet yesterday did not approve the proposed Anti-terrorist Act 2006 as several ministers opposed the law and asked for revision before its enactment. The cabinet however discussed in detail the draft law placed in a cabinet meeting that decided to form a cabinet committee for its further scrutiny. The committee will comprise five members and submit a report within one month of its formation, sources said. Several ministers present at the meeting chaired by the prime minister opposed the law saying that it might be used as a political weapon, the sources added. Some of the ministers said there is no such law in this subcontinent and the government should examine very carefully before making such a law. The proposed law has provisions for death penalty or life term as the maximum punishment for an act of terrorism. It suggests forming a special court and completion of the trial within six to eight months. According to the proposed law, any act that poses a threat to sovereignty, unity, integrity or security of Bangladesh is terror. Any act of damaging public or private property, hindering supply of materials essential for people's life, keeping any person as hostage, threatening one with death, assaulting one physically or creating public panic has also been defined as terrorism. Yesterday's cabinet meeting however approved amendments to a law for providing legal assistance for those who are financially helpless and unable to seek justice..-- The Daily Star March 14, 2006.
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