Law
week
Why EC won't hold polls in 90 days: HC
The High Court (HC) in a rule ordered the Election Commission (EC) to explain within four weeks why it shall not be directed to hold the general election within the next 90 days. It also asked the commission to show cause why its failure to hold an election within 90 days since dissolution of parliament in October 2006 shall not be declared unlawful. An HC bench comprising Justice Shah Abu Nayeem Mominur Rahman and Justice Shahidul Islam issued the rule in response to a writ petition filed and moved by Supreme Court lawyer barrister Masood R Sobhan. EC, secretary of the EC Secretariat, chief adviser and the law ministry represented by the law secretary have been made respondents to the rule. The petitioner said the EC could not hold the parliamentary election within the time stipulated by the constitution. According to article 123 of the constitution, a general election shall be held within 90 days after parliament is dissolved. In practice, the EC was recast with the then election commissioners stepping down in the face of controversy and movement by the political parties. "It has no legal authority to extend the period beyond 90 days for any reason .......where there is a clear and direct constitutional obligation which must be followed by the Election Commission. -The Daily Star, January 28.
Corrupt Titas staff to return Tk 400cr
One hundred and twenty-six staff of Titas Gas have promised to return to the government exchequer assets worth around Tk 400 crore that they amassed illegally, sources in the task force against corruption said. Of those who have given their word, 118 are employees including meter readers, linemen and CBA leaders, while the rest are officers. To avoid being charged with corruption, they are ready to return cash, land, factories, flats and cars they earned through illegal means, added the sources. Investigations have revealed how some of the meter readers of Titas Gas Transmission & Distribution Company Limited have become rich overnight, said a task force official seeking anonymity. Working under the National Committee to Combat Serious Crime and Corruption, the task force has decided to send the dossiers on 10 employees and 13 officials to the Anti-Corruption Commission (ACC) for further investigation. The decision came after those employees and officials had denied the allegations brought against them after probe. -The Daily Star, January 29.
BSMMU Prison Cell
14 VIPs go back to jail in a week
At least 14 VIP inmates who are having treatment at Bangabandhu Sheikh Mujib Medical University (BSMMU) prison cell are to be moved back to jail within one week. The BSMMU authorities will gradually discharge VIP prisoners who can have treatment in jail. Jail and BSMMU authorities made the decision yesterday after allegations were made in connection with undue overstay of VIP inmates at the prison cell depriving other sick prisoners of their treatment facilities. Several meetings were also held before in this regard. Sources said a number of the VIP prisoners at the prison cell have been carrying out their political and business activities and have also been meeting their relatives on regular basis. Jail sources said out of the 19 VIP inmates at BSMMU prison cell, 14 are allegedly staying there even though they are not seriously sick. A number of the doctors also allegedly had a hand in their undue stay at the prison cell, the sources said." -The Daily Star, January 29.
Chief justice's panel to appoint SC judges
Govt also okays proposal to free EC Secretariat
The government approved creation of the Supreme Judicial Commission to ensure neutral and credible appointment of Supreme Court judges. It also approved a proposal of Election Commission (EC) Secretariat to free it from the control of Prime Minister's Office (PMO). But the government at its weekly cabinet meeting deferred the proposal for the creation of a national constitutional commission, which would bring government control over appointment to constitutional posts to an end. The proposed EC Secretariat ordinance will ensure independence of the secretariat under full control of the chief election commissioner (CEC), chief adviser's Press Secretary Syed Fahim Munaim told reporters after the meeting. Fahim said both the approved ordinances were sent to the law ministry for final vetting before the president can promulgate them into laws. The Supreme Judicial Commission will be a nine-member body headed by the chief justice that will select and recommend candidates as judges in the High Court and Appellate divisions of the Supreme Court. The government took the initiative in view of a strong public demand, said Fahim. -The Daily Star, January 30.
Canadian lawyer smells political motive
Detained Awami League (AL) President Sheikh Hasina's Canadian counsel Prof Payam Akhavan said the charges brought against her are 'politically motivated' and intended to throw her out of politics and the next parliamentary election. "I want to say after observing everything that there is political motive behind bringing charges against Sheikh Hasina," the counsel told a crowded press conference at Sonargaon Hotel. When contacted, Inspector General of Prisons Brig Gen Zakir Hassan however said they could not allow the foreign lawyer to meet Sheikh Hasina and Sheikh Fazlul Karim Selim in jail since the Jail Code does not allow any foreign national to meet a detainee. Payam, a professor at McGill University in Montreal in Canada and also a US attorney, said he would lodge a complaint with the UN in this regard. The counsel also talked on some issues like human rights situation in Bangladesh, role of the army, caretaker government and judicial system. “It is not for the caretaker government or the international community to decide who will be the leaders of this country. It is the people who will decide their leadership, and it is the democracy," he observed. -The Daily Star, January 30.
Judge feels 'embarrassed' to hold trial of
ex-MP Shahidul
A judge of the Special Court at Sher-e-Bangla Nagar MP Hostel felt ''embarrassed'' to hold the trial against detained former Islami Oikya Jote (IOJ) lawmaker Mufti Shahidul Islam and four others in a case filed for selling a tax-free car obtained under special privileges. The Metropolitan Judge's Court has asked former chief whip Abul Hasnat Abdullah to surrender before the court by February 3 in a graft case. Meanwhile the same court fixed the hearing on charge framing against detained former Bangladesh Road Transport Corporation (BRTC) chairman and BNP leader advocate Taimur Alam Khandaker in a Tk 25 lakh bribery case for February 3. Judge Mohammad Arifur Rahman of the Special Court-10 expressed his embarrassment to conduct the trial against Shahidul and others and sent the case to the Dhaka Metropolitan Sessions Judge's Court. The judge however did not mention the reason as to why he was embarrassed.
Judge Mohammad Azizul Haque of the Metropolitan Judge's Court, on receiving the case transferred it to the Special Court-9 for its quick disposal. -The Daily Star, January 30.
Home adviser warns against custodial death
Home Adviser Maj General (retd) MA Matin cautioned the high-ups of the law enforcement agencies against custodial death in dealing with offenders.The home adviser in his first view-exchange meeting at his secretariat office with the high-ups of police, SB, DB and Rab noted that death in custody is always unexpected and it must be avoided, meeting sources said. The meeting asked the police officials to immediately send to the home ministry the cases, which deserve to be transferred to the speedy tribunal. He asked the members of the law enforcement agencies to take appropriate steps for investigation into the cases of acid violence so that the acid throwers get punishment. He also asked for monitoring the cases of acid violence. Gen Matin also issued an order from the meeting for strengthening the traffic management in the capital to get rid of the heavy traffic jam and take action against the vehicles running with fake licence and without fitness certificate. He vented his apprehension about heinous acts of eve teasing and asked the law enforcers to take stern action against the culprits. Matin requested the members of the police to change their behaviour. "You (police) have to prove that you are friend of the people." -Unb, Dhaka, January 30.
Corresponding with the Law Desk
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