Law
week
First Mutiny Trial--9 charged
First charges were framed in connection with the Bangladesh Rifles mutiny on February 25-26 against nine soldiers at a BDR special court in Rangamati yesterday. After hearing both the prosecution and the defence, the three-member court decided to frame charges against the nine of 12 Rifle Battalion under the Rangamati Sector. The special court-4 led by BDR Director General Maj Gen M Mainul Islam adjourned its proceedings till tomorrow. The other members of the court are Lt Col Md Abdur Rouf and Maj Golam Mostafa Al-Mamun. At the beginning of yesterday's proceedings, prosecutor Lt Col Habibul Karim produced evidence against the accused before the court set at Mechanical Transport Shed at the sector headquarters. The complainant, Deputy Assistant Director (DAD) Reaz Uddin Ahmed of 12 Rifle Battalion, also presented allegations in details against the accused. After this, the head of the court asked all the nine one by one whether they were guilty or not. The accused all denied the allegations brought against them and claimed to have been innocent. - The Daily Star, December 28, 2009.
6 sued over ship blast
The owner and five labour contractors of Rahim Steel were sued in connection with Saturday's blast that left four people dead and 13 others injured at its ship-breaking yard. Sub-inspector (SI) Azam of Sitakunda Police Station filed the case under sections 285/287 and 304 on Saturday night. The accused are: Owner of the yard Mohammad Israfil and labour contractors Mohammad Alam (1), Jafor Ahmed, Mohammad Yusuf, Abu Saleh and Mohammad Alam (2). SI Azam told The Daily Star the six were sued for their negligence as they failed to ensure safety measures before the use of fire in the highly combustible oil tank that led to the explosion causing casualties at the yard. However, confusion arose over the name of the owner in the case as police wrote the name as Mohammad Israfil while the employees at the Rahim Steel Mills Company (Pvt) Limited head office in Dhaka and those at the ship-breaking yard in Chittagong identified the owner as Abdur Rahim. - The Daily Star, December 28, 2009.
Appointment of prosecutors, investigators by March for war trial
Investigators and prosecutors involved in the trial of war criminals from the 1971 Liberation War will be appointed by the government by March next year. Law Minister Shafique Ahmed made the announcement yesterday at the Judicial Administration Training Institute (JATI), after visiting the Old High Court building. The minister also confirmed that the construction of the courtroom and other offices will be completed by January. "The tribunal will be set up at the Old High Court building, which is where the chief justice of the Pakistani regime discharged his judicial functions," he said. The minister added that the existing offices of the Judicial Service Commission will be shifted to the Judicial Administration Training Institute (JATI). Replying to a question he said, "Nobody involved in the war crimes trials will be harassed for political purposes. "International organisations want the trials be held in a transparent and acceptable manner." Shafique Ahmed added, "So far, no country in the world has objected to the government's move to hold the trial of the war criminals." -The Daily Star, December 28, 2009.
No nat'l river protection commission as yet
The government may face a contempt of court charge for not constituting "National River Protection Commission" according to the High Court directives. The High Court in a verdict last June directed the government to form the commission consisting of experts concerned within three months to preserve and protect the country's rivers. The court also urged the government to make long-term and short-term plans based on the commission's recommendations. The full text of the verdict was pronounced on June 25 and published on July 15. The judgment was delivered upon a public interest writ petition filed by the Human Rights and Peace for Bangladesh (HRPB).
President of HRPB Advocate Manzill Murshid on December 25 told The Daily Star that he would take legal action against the government for not forming the National River Protection Commission in line with the High Court decision. "The High Court deadline for constituting the commission has expired about three months ago, but the government has not yet informed the court or us about its steps regarding the formation of the commission, which is similar to contempt of court," he said. He said that he would soon serve a legal notice on the government to constitute the commission in line with the High Court directives. "If the government does not response to this, I will file a contempt of court petition with the High Court against the government," Murshid persisted.
Shipping Minister Shahjahan Khan, however, told The Daily Star on December 25 that the government has already formed a 50-member taskforce committee for protecting and developing the rivers of the country. "We will soon inform the High Court about formation of the high powered taskforce committee and seek opinion from the court about it," he said. - The Daily Star, December 30, 2009.
60 killed in 'crossfire'
Rapid Action Battalion yesterday said this year 60 people have been killed in 57 incidents in which Rab used firearms but the use was not proved unlawful in the investigation. Addressing a press conference at its headquarters, Rab Director General Hassan Mahmood Khandkar claimed that the magistrates investigated the incidents and no unlawful use of firearms in the incidents was found. “We have to use government firearms under the legal framework and after use of the arms we have to prove that the use was logical. So far I know, there is no incident where the government arms have been used illogically," the Rab chief said. He said the number of incidents relating to the use of firearms by Rab men has come down compared to such incidents in 2008 as the law and order marked an improvement. The number of deaths in 'crossfire' was 83 in 2008. The High Court issued a suo moto rule on November 17 asking the government to explain extra-judicial killings within 48 hours. The HC on December 14 expressed grave concern over persistence of extra-judicial killings as 11 people were killed in custody since issuance of the suo moto rule. Since then no such incident has taken place. - The Daily Star, December 30, 2009.
Anti-graft boss seeks fast legal proceedings
Anti-Corruption Commission Chairman Ghulam Rahman requested Attorney General Mahbubey Alam yesterday to constitute a separate High Court bench for quick disposal of graft cases. In response, the attorney general assured the ACC chief that he would bring the issue to the notice of the chief justice. The request was made during a meeting at the attorney general's office. - The Daily Star, December 30, 2009.
Corresponding with the Law Desk
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