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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: 246
July 15, 2006

This week's issue:
Human Rights Analysis
Law Vision
Fact File
Law Alter Views
Rights Investigation
Cour Corridor
Law Week



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Law Week

Tax ombudsman to start work in six months
The newly appointed tax ombudsman will start receiving complaints and other tax related grievances from taxpayers within the next six months. Khairuzzaman Chowdhury, the first ever tax ombudsman of the country, told The Daily Star at his residence that his first responsibility is to protect those persons who face harassment even after paying taxes rightly. Clarifying the details about the ombudsman services, he said a complainant has to file a complaint along with an affidavit mentioning the particulars of a tax case.
"No fictitious name will be accepted and every complainant has to file an affidavit first to have a proper investigation into a case" he said. Although, Khairuzzaman Chowdhury has already been appointed as the tax ombudsman, the government has yet to recruit the manpower necessary for commencing the services or to establish an independent office. The ombudsman will start his office at the Directorate of Taxes Inspection in the capital on a temporary basis but a permanent office will be set up in the newly constructed Audit Bhaban in Kakrail. The office of the tax ombudsman will start its work with a few government officials on deputation but it will require 60 permanent officials for its initial operations. The National Board of Revenue (NBR) sources said the government is likely to appoint AS Jahir Mohammad, a member of the NBR (Income Tax), as the adviser to the ombudsman. The tax ombudsman said in addition a head office in Dhaka for the department and a branch in Chittagong will be set up soon. He said it will take about six months to start taking complaints. --The Daily Star, July 10.

President back to work
President Iajuddin Ahmed returned to work after 45 days and agreed to give an appointment to Leader of the Opposition Sheikh Hasina to meet him in person. However, Hasina, also president of Awami League (AL), has decided not to visit the president. "Our party chief (Sheikh Hasina) wanted to meet the president when he was sick. But as he is doing quite okay now, there is no need to meet him," Obaidul Quader, AL joint general secretary, told The Daily Star. The president's return put a lid on speculations about his illness and not returning to work. A Bangabhaban press release said the president went to his and did a number of routine work for more than one hour before leaving for his residence. Press Secretary to the President Mokhlesur Rahman Chowdhury said the president signed a number of government files and a message on the World Population Day and diplomatic documents. AFM Solaiman Chowdhury, secretary to the president, and Mokhlesur welcomed the president back to his office with bouquets. High military and civil officials of Bangabhaban were also present on the occasion. The press secretary to the president said in line with the doctor's advice the president has to take adequate rest and medication and the number of visitors is limited. --The Daily Star, July 10.

HC Verdict on Shazneen Case
Death penalty of 5 confirmed
The High Court (HC) upheld the death penalty for five of the six people sentenced by a lower court and acquitted the other in the sensational Shazneen rape and murder case. The HC Death Reference Bench on Shazneen murder case in its judgement said the prosecution proved beyond doubt the charges against the five convicts for the gruesome killing of Shazneen, a class IX student at Scholastica School in the capital, eight years ago. The five are Shahidul Islam alias Shahid, a domestic help at the Gulshan residence of Shazneen's family, Syed Sajjad Mainuddin Hasan alias Azad, a contractor for renovation of their house, Badal, his assistant and two maids, Estema Khatun Minu and Parvin. The bench comprising Justice Ali Asgar Khan and Emdadul Haque found that mason Shaniram Mandal was not involved either in the conspiracy or rape or murder of Shazneen. He just supplied a chisel to the killers, it said and acquitted him. The convicts will get 30 days for filing appeal with the Supreme Court (SC) against the HC judgement. The HC ended its three-day delivery of judgement on the appeal of the six persons against the lower court verdict. Apart from the relatives of the convicts, a number of lawyers thronged the court of the death reference bench at the annex building of the Supreme Court as they were eager to hear the judgement of this sensational case. Hasan masterminded the conspiracy of raping and killing of Shazneen in a bid to stop her from disclosing to her family the incident of his grabbing her on April 1, 1998, and got his plan executed by his accomplices 22 days later, the court observed. Counsels and relatives of the convicts rejected the judgement and said they would appeal against it with the Supreme Court. The prosecution and Shazneen's family expressed their satisfaction, saying the judgement rightly upheld the lower court order, which proves the five were truly involved in the crime. -- Prothom Alo, July 11.

Draft bill okayed to amend Constitution
The cabinet in its weekly meeting with Prime Minister Khaleda Zia in the chair approved a draft bill to amend the constitution incorporating a provision for extending time limit for holding by-election in a vacant parliamentary seat to 180 days from 90 days. The hurried move to pass the bill in parliament during its current session through extending its scheduled duration was taken to avoid holding two by-elections in the remaining tenure of the current Jatiya Sangsad. The two parliamentary seats -- Dinajpur-3 and Comilla-8 -- fell vacant following death of two ruling BNP lawmakers Khurshid Jahan Haque and Col (rtd) Akbar Hossain last month. When a lawmaker is elected for a short period before dissolution of a parliament, he/she does not get any scope to represent the constituency, Law, Justice and Parliamentary Affairs Minister Moudud Ahmed yesterday said. "Through the proposed provision, spending of a big amount of public money and hassles of the administration for holding by-elections would be avoided," Moudud said, explaining the rationale of bringing the amendment. The draft amendment of the constitution (15th amendment), if passed, will be the second amendment of the constitution during the present BNP-led alliance government. Section 4 of article 123 of the constitution provides for holding by-election in a constituency within 90 days of its becoming vacant due to any reason. However, if it is not possible due to 'any act of God,' 90 more days are allowed. "In the amendment, we will propose not to hold by-election in any vacant seat if the tenure of a parliament remains for only 180 days or less," Moudud said. --The Daily Star, July 11.

EC to 'display' updated voter list, but says it won't publish draft
The Election Commission (EC) decided to make the updated voter list, prepared through door to door visits, open to the public for inspection before publishing the final list. The move is an obvious compromise between the popular demand for publishing a draft voter list and Chief Election Commissioner (CEC) MA Aziz's staunch resistance to publication of a draft list. The latest back-pedalling by the EC on its previous statement is also evidently in line with its usual practice of creeping out of its intransigence after much controversy. The EC decided to display the updated voter list for public inspection, so the people can lodge objections to correct the flaws on it. The process of settling claims and complaints about the voter list 'on display' is the same as the procedure for lodging complaints after publication of a draft voter list. But the EC is not terming the 'voter list on display' as the draft voter list saying that the procedure being applied for updating the existing voter list does not allow publication of a draft list. "The prepared voter list will be kept open for all...anybody can inspect it and can lodge objections, if they have any. After settling the objections and claims, if any is lodged, the voter list will be printed," Abdur Rashid Sarkar, the newly appointed secretary to the EC Secretariat told reporters. -- The Daily Star, July 12.

TIB refuses to withdraw graft reports
Transparency International Bangladesh (TIB) refused to withdraw its corruption index reports on two ministries that threatened to sue the organisation terming the reports "baseless" and "untrue". TIB Honorary Chairman Prof Muzaffer Ahmad in an interview with satellite television channel ATN Bangla said, "We have no reason to withdraw the reports as we have all the facts and figures on what the reports are based. "So, there is no question of rejecting the report," Prof Muzaffer said. The TIB report titled "Corruption Database 2005" and launched on July 5 ranked the LGRD and cooperatives ministry and the environment and forest ministry as the two most corrupt institutions. LGRD Minister Abdul Mannan Bhuiyan and Environment and Forest Minister Tariqul Islam held press conferences and rejecting the reports. They raised questions over the sources of TIB's funds and motives of such reports. They also threatened to sue the TIB if it does not withdraw the reports. On the issue of TIB funds, Prof Muzaffer said the government knows all the sources of our money and there are government departments that release the funds. "We can get funds from any donor if their conditions are acceptable to us and our project is acceptable to them and if the government permits acquiring of the funds," he said in the interview. -- The Daily Star, July 12.

16 charged with Jamal Uddin murder
A charge sheet was submitted to the Chief Metropolitan Magistrate's (CMM) Court, accusing 16 people of killing business magnate Jamal Uddin Ahmed Chowdhury. Anwar Hossain, CID inspector and investigation officer (IO) of the case, filed the charge sheet with the court. Earlier the investigation officer submitted the charge sheet to Assistant Commissioner (Prosecution) Mohammad Abu Taher for approval.
The IO however did not include the name of Maruf Nizam, brother of BNP lawmaker Sarwar Jamal Nizam, in the charge sheet. Family members of Jamal Uddin have repeatedly been accusing Maruf Nizam as the mastermind of the whole episode ranging from Jamal's sensational abduction back in July 2003 to his killing later on. Chief Metropolitan Magistrate (CMM) Sheikh Mohammad Mobarak Hossain fixed July 17 for hearing on the acceptability of the charge sheet. Kanchannagar Union Parishad (UP) Chairman Kashem, Anwara Sadar Union Chairman Shahidul Alam alias Shahid, Kala Mahbub, Lomba Mahbub, Ishaq alias One Piece, Sobhan, driver of the microbus used in the abduction, and Boli Mansur are among the chargesheeted accused. Of them, Kashem chairman is still at large while 15 others are now in jail. -- UNB, Dhaka, July 12.


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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