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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: 111
March 21, 2009

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Law week

NGOs under scanner for 'funding militancy'
The government will scrutinise activities of the NGOs that got approval during the rule of the BNP-led four-party alliance government to see if those have any involvement with funding militant activities.

"When Mr Mujahid [Ali Ahsan Mohammad Mojahid, Jamaat-e-Islami secretary general and former social welfare minister] was in charge a number of new NGOs popped up," Finance Minister AMA Muhith told reporters at his secretariat office. "If we look into these NGOs, we might get to know something new," he added.

"There are some investments in the country that patronise militant activities," Muhith noted but did not identify such investors.

He said the NGO Bureau scrutinises the sources of foreign funds of the NGOs and from now on the scrutiny would be made more intense. "The government will also see if there are other sources behind these foreign financing sources," he said. -The Daily Star, March 19, 2009.

Govt to get rights to put on judicial horns
The parliamentary standing committee on law ministry finalised recommendations for amending the bill on separation of judiciary allowing the government to vest "sweeping authority" in executive magistrates to take cognisance of offences in any situation.

The committee is likely to place its report before the House for passage of the Code of Criminal Procedure (amendment) bill to enact a law for continuation of separation of the judiciary, sources said. Parliament Secretariat officials were working to complete preparations to ensure the report be tabled in parliament. Earlier, the committee finalised the recommendations at a meeting.

On March 12, the committee said it would recommend that the House empower executive magistrates to take cognisance of offences "under some special circumstances to maintain law and order". But executive magistrates will now enjoy sweeping authority to take cognisance of offences even in normal situation once the bill on separation of judiciary is amended in line with the committee's recommendation, legal experts added.
-The Daily Star, March 19, 2009.

Ship-breaking ordered shut
The High Court has directed the government to close in two weeks operation of all ship-breaking yards for running without environmental clearance.

None of the existing 36 ship-breaking yards, which are identified as category Red [extremely dangerous], has taken or applied for environmental clearance from the government, reveals a report submitted to the court by the Department of Environment.

The HC considering the country's environmental degradation also ordered that no ship would enter Bangladesh territory for breaking without cleaning its hazardous materials at source or outside the territory. -The Daily Star, March 18, 2009.

EC stripped of power
The Awami League-led grand alliance government has curtailed the Election Commission's (EC) authority to take action against political parties breaching registration provisions.

The caretaker administration empowered the EC to cancel registration of a political party for violating the provisions regarding nomination of parliamentary candidates and formation of associated bodies. But a bill passed in parliament on February 24 to ratify Representation of the People Order (amendment) ordinance restricts the EC's power to enforce the registration provisions.

The EC now holds no authority to take punitive steps against a registered political party choosing candidates from outside the panel forwarded by its grassroots. The commission can take no action also if a party forms or continues with organisations made up of teachers, students, workers or employees. -The Daily Star, March 17, 2009.

RTI may offer wider access
The parliamentary standing committee on information ministry recommended that the House amend the right to information (RTI) bill to curtail some organisations' absolute authority to deny information to individuals.

The bill, placed in parliament for enacting law for continuation of people's access to information, proposed continuation of the provision for blanket immunity to some organisations from disclosing information on some specific matters.

But the parliamentary standing committee in its report on the bill placed in parliament recommended that the organisations seeking to keep information undisclosed would have to take prior permission from the RTI commission to do so.

Once the bill is amended as per the committee's recommendation, none of the organisations -- government, statutory or others registered under the laws of the land -- will be able to deny giving information to individuals without prior permission from the commission. -The Daily Star, March 16, 2009.

4 PLCs, local govt bodies run without legal cover
Four public limited companies (PLCs) and all the local government institutions have been functioning for more than half a month without any legal authority, said legal experts. The unusual situation has arisen as the ordinances promulgated by the immediate past caretaker government on them were not ratified in time, and fresh bills for continuation of their activities are yet to be passed by parliament.

The ordinances amending the existing laws turned Biman Bangladesh Airlines and Dhaka Electricity Supply Authority (Desa) into two PLCs. And two other PLCs -- Bangladesh Telecommunications Company Limited (BTCL) and Bangladesh Submarine Cable Company Limited (BSCCL) -- were set up by dividing Bangladesh Telegraph and Telephone Board (BTTB). -The Daily Star, March 15, 2009.


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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