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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: 1
January 6, 2007

This week's issue:
Rights Investigation
Law Education
Fact File
Court Corridor
Law Opinion
Law Letter
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Law Week

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Law Week

Probe on to know how defaulters escaped list
The Bangladesh Bank (BB) formed an investigation committee to find out why the Credit Information Bureau (CIB) report on known loan defaulters, who are also aspiring candidates for the next upcoming parliamentary election, was not sent to the returning officers. The committee will identify the current weaknesses of the bureau for avoiding similar mistakes in the future. The CIB report containing detailed identities of loan defaulters did not identify Mossaddeq Ali Falu as a loan defaulter although he had been listed as one by Oriental Bank. Falu is an aspirant candidate for the Dhaka-10 constituency in the upcoming election with a BNP ticket, who had not been disqualified by the returning officer concerned despite being a much talked about loan defaulter.--The Daily Star, December 31.

6 constituencies have 14.7pc excess voters
A survey by a non-governmental organisation (NGO), Brotee, in six constituencies of the country found 2,02,763 or 14.7 percent excess voters on the current voter lists of those constituencies. The survey conducted through door-to-door visits revealed that the new actual number of voters in the six constituencies should be 14,86,589 while the Election Commission's (EC) voter list shows 16,89,352 persons as voters in those constituencies. On the 2001 voter list the number of voters in the six constituencies -- Bagerhat-1, Gopalganj-1, Jhenidah-4, Kushtia-1, Narayanganj-3 and Satkhira-2 -- was 13,78,851. "Mistakes must have been made during inclusion and deletion of names while Election Commission officials updated the voter list, leading to such an excess of voters," Brotee Chief Executive Officer (CEO) Sharmin Murshid said at the survey result dissemination programme in Cirdap auditorium. Brotee conducted the survey in association with three other NGOs Peoples' Participation and Research Centre (PPRC), Unnayon Shamannay, and The Hunger Project -- in which more than 10,000 grassroots level NGO workers collected and verified data. --The Daily Star, December 31.

Grand alliance boycotts Jan 22 election
Awami League (AL)-led grand electoral alliance announced it will boycott and resist the parliamentary election set for January 22, alleging that all the electoral preparations by the government so far have been for 'stage-managing the next election in favour of BNP-Jamaat-led four-party alliance'. In defence of its latest decision, AL President Sheikh Hasina at a crowded news briefing alleged that an atmosphere conducive to a fair election has yet to come to existence although only 19 days are left for it; instead of a neutral caretaker government President Iajuddin Ahmed established a shadow government of BNP-Jamaat; a flawless voter list safeguarding the people's right to universal franchise has not been prepared yet; and the administration still remains politicised. "Assuming the office of chief adviser to the caretaker government illegally, Iajuddin Ahmed wants to hold an election without a valid voter list. A free and fair election is not possible with the current voter list...it was prepared only to hold an election designed in line with the blueprint provided by BNP-Jamaat alliance. We can't give legitimacy to such an election, and for this, we have decided not to participate in a stage-managed election," the AL president announced in the briefing organised by the grand alliance at Hotel Sheraton in the capital. --The Daily Star, January 04.


Court courts new attention
The country's court has been the centre of some important verdicts that had significant repercussion in the political arena in the last few months. A number of politically important new cases came up at the court during the last few months, but none was resolved but only "stayed". At the same time only a couple of cases related to former autocrat Ershad were revived after more than a decade. One of them was resolved by the High Court (HC), and is now pending with the Supreme Court (SC). While such developments at the court made the BNP-led four party alliance very happy but these left the Awami League (AL)-led grand alliance extremely disturbed. The Attorney General's Office (AGO), which is allegedly run by officials openly inclined towards the four-party alliance, has become a centre of controversy. --The Daily Star, January 04.

Army to control streets before blockade
The armed forces along with law enforcing agencies will take control of the streets ahead of the countrywide blockade called by Awami League (AL)-led grand alliance on Jan 7 and 8, a top official of the home ministry said. "No blockade will be allowed," the official told UNB after a meeting of the advisory committee on law and order, chaired by President and Chief Adviser Iajuddin Ahmed in Bangabhaban. The official said the caretaker government decided to take tough actions against the blockade called by the grand alliance. "The role of the law enforcement agencies will be to protect the interest of those who will take part in the election, not of those who will try to defy the constitution," the official said on condition of anonymity. He said the law enforcement agencies and the armed forces were called out to take control of the streets ahead of the blockade to maintain order in aide of the civil administration. --The Daily Star, January 04.

Writ petition filed against takeover as acting CEC
A public interest litigation (PIL) writ petition challenging the legitimacy of Justice Mahfuzur Rahman as acting chief election commissioner (CEC) is likely to come up for hearing after the High Court reopens on January 10. Mahbub Minhaj, a businessman, filed the petition during the current vacation of the court. Election Commissioner Justice Mahfuz took over as acting CEC on November 23 after CEC Justice MA Aziz agreed to go on leave for three months. The petitioner submitted that there is no provision of acting CEC in the constitution. He also sought for appointment of a new CEC and declaration of Justice Mahfuz's actions relating to election process as illegal. Unb, Dhaka, January 05.

Ershad asked to surrender by Jan 17
A Dhaka court asked former president and Jatiya Party Chairman HM Ershad to surrender within January 17 in connection with a Japanese boat purchase case. Judge Mohammad Amirul Islam of the First Additional District and Sessions Judge's Court passed the order and set the date after scrutinising the copy of the High Court (HC) judgement delivered on December 14 last year and other relevant documents of the case. Justice Faisal Mahmud Faizee of the single-member HC bench handed Ershad two years' imprisonment rejecting his appeal against the trial court's verdict. Faizee in his verdict asked Ershad to surrender before the trial court without specifying any time or date. Judge Jinnatara of the trial court sentenced Ershad to three years' imprisonment on July 6, 1995. The court also fined him Tk 10,000 and in default, he will have to serve four more months in jail. The same year Ershad filed an appeal with the HC against the lower court verdict. HM Ershad, who usurped power through a bloodless coup in March 1982 and was deposed in December 1990, was found guilty of misappropriating Tk 33 crore in a shady deal for purchasing 520 Japanese boats and 10 water-purifying machines for relief operation in 1989. The Daily Star, January 05.

Oriental Bank Scam
ACC sues ex-MD, 13 others for graft
The Anti-Corruption Commission (ACC) has filed 29 graft cases against 14 former and current officials of Oriental Bank Ltd, including its former managing director CM Koyes Shami, for embezzling Tk 33.3 crore. The cases were filed with Motijheel and Kotwali police stations on December 28 and 29 for misappropriating the money in fake names and organisations, said an ACC press release. Following news items published in different dailies on the scam, the ACC made partial enquiry into the matter and filed the cases, said the release adding that several cases are in process to be filed. The other accused bankers are -- Imamul Huq, former deputy managing director, Fazlur Rahman, assistant vice president (AVP), Kamrul Islam, executive vice president (EVP), Shah Mohammad Harun, senior VP, Abul Kashem Mahmud Ullah, senior assistant VP (SAVP), Mohiuddin Ahmed, AVP, Mahmud Hossain, senior executive VP (SEVP), Touhid Uddin Khandakar, senior officer of Bangshal Branch, Syed Mahmud Hassan, AVP of the same branch, Tarikul Alam and Jahir Hossain, executive officers of principal branch, ANM Asiful Rahman, SAVP and former manager of the Bangshal branch and Arif Kadri, former SEVP, now working at One Bank. The Daily Star, January 05.


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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