Law
week
High-profile body formed to tackle militancy
The government has formed a 17-member high-profile committee to tackle militancy in the country and mobilise public opinion against militant activities. The committee led by State Minister for home Tanjim Ahmed Sohel Taj is comprised of top officials of seven ministries and law enforcement and intelligence agencies. Home ministry sources said the committee, formed on Monday, will evaluate the procedure for investigation into all major subversive acts carried out in the country. "It will collect information, analyse those and issue necessary directives to combat militancy," Sohel Taj told journalists. -The Daily Star, April 23, 2009.
JS body's ACC intent called into question
Speakers at a workshop termed the summoning of Anti-Corruption Commission (ACC) by parliamentary standing committee on public undertakings 'malafide' since, they claimed, the standing committee is headed by a convict. “The person heading the parliamentary standing committee is a convict and it needs to be understood whether it is appropriate to summon a body like anti-corruption commission by the committee,” said Badiul Alam Majumder, secretary of Shushashoner Janney Nagorik (Shujan). He was speaking at a two-day-long workshop titled “Right to transparent governance, South Asian Perspective,” organised by South Asians for Human Rights (SAHR), at Brac Centre Inn. -The Daily Star, April 22, 2009.
Appointment of war crime probe agency delayed
The appointment of an investigation agency and formation of a prosecution cell for conducting war crime trial has been deferred until return of the law minister from Iran. State Minister for Law Qamrul Islam said the government could not finalise the persons to appoint to the investigation agency and the prosecutors for various reasons including their security. The process will be completed after Law Minister Shafique Ahmed is back home, Qamrul said at a press briefing at the ministry. The government will go for trial of only the 'identified' masterminds of war crimes who had collaborated with the occupation army in killings, looting and arson during the Liberation War, he said. -The Daily Star, April 21, 2009.
Govt to consult legal experts to decide mode of trial
The government will exchange views with the legal experts in a couple of days to decide under which law the trial of Bangladesh Rifles (BDR) mutineers will be held. Sources said though many policymakers are in favour of trying the BDR mutineers under the military laws, the final decision will be made after taking opinion of the legal experts. The sources said the Bangladesh Army has informed the government that the trial could be held under the military laws. Once finalised, the government will issue a gazette notification mentioning the trial process. -The Daily Star, April 21, 2009.
HC issues rule on govt
The High Court (HC) issued a rule upon the government to explain within three weeks why it should not be directed to ban the set of books that distorted the fact regarding the declaration of independence. The court in the rule asked the government to explain why it should not be directed to take legal action against the individuals who changed the history of declaration of independence as stated in the Proclamation of the Independence. It also directed the government to produce all the newspapers published from March 1, 1971 to March 25, 1971, kept in the national archive of Bangladesh, before the court during the hearing of the rule. -The Daily Star, April 21, 2009.
Upazila chairmen demand end of MPs' control
Leaders of Bangladesh Upazila Parishad Association alleged that lawmakers have already started creating complexities in the functioning of upazila parishads across the country. The association leaders at a press briefing demanded removal of the "controversial provisions" regarding lawmakers' authority over the parishads. They said a "conspiracy" is being hatched to cancel the upazila system. They also urged all chairmen and vice-chairmen to be alert and requested the government to bring necessary amendments to make the Upazila Parishad Act, 2009 more acceptable. -The Daily Star, April 20, 2009.
Investigating agency to be formed
Investigating Agency to inquire into the war crimes committed during the Bangladesh Liberation War will be constituted, State Minister for Law Md Quamrul Islam said.
Law Minister Shafique Ahmed, Home Minister Sahara Khatun, State Minister for Home Affairs Tanzim Ahmed Sohel Taj and Attorney General Mahbubey Alam attended the meeting. The government on April 9 formally started the pre-trial process of holding trial of the 1971 war criminals. The trial would be conducted under the International Crimes Tribunal Act-1973.
-The Daily Star, April 20, 2009.
Justice Rashid made Law Commission chairman
The government has appointed former High Court judge Md Abdur Rashid as chairman of the Bangladesh Law Commission. Sources said the prime minister has recently signed the file regarding his appointment as per the Law Commission Act 1996. The file reached the law ministry, which will soon issue a notification on the appointment. The government in consultation with the new chairman will then appoint two members of the commission, sources said. -The Daily Star, April 20, 2009.
Upazila Parishad law goes against SC verdict
Provisions of the newly-enacted Upazila Parishad Act, 2009, that empower lawmakers to meddle with the functioning of upazila parishads, go against a Supreme Court (SC) verdict. "The members of parliament are entitled to ask for any information and raise grievance against any of their electorates before the House but cannot interfere with the local administration," asserted the SC in the verdict delivered on April 27, 2006. The new Upazila Parishad Act empowers local lawmakers to interfere in the administration of the parishads as the law made them advisers to the parishads in their constituencies and the parishads have to "accept the suggestions of the lawmakers". -The Daily Star, April 19, 2009.
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