Law
week
Manpower brokers to be brought under legal framework
The government is mulling bringing manpower brokers under a legal framework and devise a mechanism for recruiting agencies to realise service charges from oversees job seekers based on their wages to reduce cost of going abroad for employment. Brokers in manpower exporting and importing countries gobble up a substantial share of the money that the job seekers spend for overseas employment. The evil practice eventually raises the cost of migration, which in many cases the workers cannot retrieve from their wages during the job period. This happens mainly in cases of unskilled workers, who constitute 50 to 60 percent of the migrant workforce, worsening their socio-economic condition. -The Daily Star, April 05, 2008.
5 cops get life for rape at camp
A Chuadanga court yesterday sentenced five policemen to life imprisonment for raping a woman at a police camp in Alamdanga upazila on December 18, 2004. District Women and Children Repression Prevention Court Judge Motahar Hossain delivered the verdict in presence of the five convicts. They are Subedar Abdul Kuddus, Habildar Rokonuzzaman, constables Iftekharul Kabir, Harunur Rashid and Harun-or-Rashid.
The prosecution said the five policemen of Gokulkhali police camp in Alamdanga upazila picked up Dolly, a widow, from Bhalaipur intersection where she had been waiting for transport to get back home at Mukterpur of Damurhuda upazila at about 8:30pm. They took her to the police camp by a van and gang-raped Dolly leaving her injured. Dolly filed a rape case against the five cops with Alamdanga Police Station on December 22.
A probe body was formed and in its report said the policemen did not rape Dolly but they sexually assaulted her. The five policemen were suspended and arrested on December 28. They were produced before a magistrate's court that sent them to jail the next day.
Later, the case was transferred to the Criminal Investigation Department (CID) that submitted the charge sheet to the court on February 19, 2005 after a two-month-long investigation. -The Daily Star, April 07, 2008.
SQ Chy files writ petition against ACC
Former BNP lawmaker Salahuddin Quader Chowdhury yesterday filed a writ petition with the High Court, challenging the Anti-Corruption Commission's (ACC) right to sue him on corruption charges as he said the watchdog itself was constituted illegally.
In his writ, the detained BNP leader prayed for a ruling on the government and the ACC asking them to explain why the graft case filed against him by the “illegally constituted Anti-Corruption Commission should not be declared to have been filed without lawful authority.” The petitioner said all the ACC actions, including initiating the case, placing it under the Emergency Power Rules for trial and taking cognisance of it by a special court, are without lawful authority. The three-member ACC, its secretary, cabinet secretary and the special trial court have been made respondents in the writ petition. “The writ petition awaits hearing,” a counsel for Salahuddin told UNB. On June 13 last year, the ACC filed a case against Salahuddin Quader Chowdhury for amassing wealth illegally and concealing information about his wealth in his February 25 statement to the watchdog. -The Daily Star, April 07, 2008.
ACC suggests changes to avoid contradiction with other laws
The Anti-Corruption Commission (ACC) has suggested amending a few provisions in the proposed Truth Commission Ordinance to avoid contradiction with other laws of the land. In its opinions on the proposed ordinance sent to the law secretary, the ACC has also suggested specifying in the ordinance if activities of the Truth Commission will be resumed after expiry of its duration. “The [Anti-Corruption] Commission just wanted to ensure that the proposed ordinance does not contradict other laws,” ACC Director General (Admin) Col Hanif Iqbal told reporters yesterday. Hanif said the ACC has already sent its opinions to the law secretary. For offences that could be dealt with two different laws, the offender would prefer being tried under the one that provides less punishment and thus may take the opportunity of facing the Truth Commission, Hanif explained. -The Daily Star, April 09, 2008.
SC rejects ACC plea for staying HC order
A chamber judge of the Supreme Court (SC) yesterday turned down Anti-Corruption Commission's fresh plea for staying the High Court (HC) order that stalled the proceedings of a graft case against detained BNP leader Tarique Rahman.
The chamber court, however, posted the ACC application for hearing in full court of the Appellate Division of the SC on April 15, reported news agency UNB.
Meanwhile, Tarique's wife Dr Zubaida Rahman filed a petition with the High Court (HC) for quashing the graft case filed by the ACC against her, Tarique and her mother.
Justice MA Matin of the chamber court passed the order as the ACC attorney “failed to appear before the Appellate Division of the Supreme Court within the stipulated timeframe”, court sources said.
Following an ACC prayer, the Appellate Division on October 4 last year stalled the High Court order of stay on the proceedings of the graft case against Tarique for three weeks, directing the ACC to file a regular leave petition in the meantime. The apex court in its order also warned the ACC that, if the commission failed to do so, the SC stay 'shall stand vacated'. Earlier, the High Court issued a rule upon the ACC on October 1, staying the proceedings of the case after Tarique filed a writ petition challenging the validity of the graft case. The case is now pending with the Dhaka Chief Metropolitan Magistrate's Court. -The Daily Star, April 09, 2008.
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
