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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: 198
December 11, 2010

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Law week

Clean chit to Grameen
Norwegian Minister Erik Solheim said the Grameen Bank had neither embezzled Norad fund nor used the money for unintended purposes. The minister for environment and international development also said the microfinance institution was not involved in corrupt practices, according to a press release on the website of the Norwegian foreign ministry. The remarks came after the Norwegian Agency for Development Cooperation (Norad) submitted a report on the Grameen Bank's alleged undue transfer of funds to one of its spin-off organisations. Last week, he had requested Norad to prepare a report on it after a Norwegian TV channel broadcast a series of documentaries on alleged fund anomalies involving the bank. -The Daily Star, December 9, 2010.

Govt mulls retrial
Prime Minister Sheikh Hasina said her government is considering reinvestigation and retrial of the armed forces' officers, who were also freedom fighters, executed through "farcical trial" in martial law tribunals during the military rule of general Ziaur Rahman.

Responding to lawmakers' queries in parliament, the premier also said she thinks it is necessary to carry out an inquiry into the killing of workers and farmers during the previous BNP government's tenure. And her government will take steps to this effect. She went on, “The government is yet to decide on reinvestigation and retrial of freedom fighter-armed forces' officers hanged following farcical trial during the rule of general Ziaur Rahman, who illegally grabbed the state power. The matter is under the government's consideration.” -The Daily Star, December 9, 2010.

Assange arrested in UK
WikiLeaks chief Julian Assange was arrested in London after surrendering to a Swedish arrest warrant, the latest blow to an organisation that faces legal, financial and technological challenges after releasing hundreds of secret US diplomatic cables. Assange, 39, was detained after attending a London police station by appointment at 0930 GMT. Later he was remanded in custody until December 14 by a London court after he said he would fight extradition to Sweden where he faces rape allegations. Appearing before a judge at Westminster Magistrates Court following his arrest, Assange was refused bail despite an offer by personalities including film director Ken Loach and socialite Jemima Khan to put up bail for him. -The Daily Star, December 8, 2010.

HC weighs in to stop construction
The High Court directed the local administration to act within 24 hours to stop construction work near Mahasthangarh in Bogra to preserve the archaeological site. The bench of Justice AHM Shamsuddin Chowdhury Manik and Justice Sheikh Md Zakir Hossain also ordered the committee developing a shrine near Mahasthangarh to remove construction equipment within 48 hours. It directed the authorities concerned to report within five days if its order is being complied with. The court also issued a rule asking the government to explain within three weeks why its not taking appropriate legal steps to stop construction near Mahasthangarh should not be declared illegal. It came up with the order and rule following a writ petition filed by Human Rights and Peace for Bangladesh (HRPB) seeking necessary directives to protect and preserve the site. -The Daily Star, December 8, 2010.

More time given for retrial plea
The Supreme Court adjourned until January 9 the hearing on the petition for permission to appeal against the jail killing case verdict, granting the state counsels more time to place documents in support of their plea for retrial. The order came after Anisul Huq, principal state counsel for the case, and Attorney General Mahbubey Alam sought more time to place documents supporting their claim that the previous BNP-led government had influenced the trial at the lower court. They also asked for retrial of the case filed for killing four national leaders inside Dhaka Central Jail on November 3, 1975. In his submission, Anisul explained why he resigned from the office of chief state counsel for the case in 2004. -The Daily Star, December 7, 2010.

Govt sits on reply to HC
The government is yet to inform the High Court the process of selection of persons for appointment as judges both in the Appellate and HC divisions of the Supreme Court since independence despite an HC directive to do so about five months ago. Additional Attorney General MK Rahman said they could not comply with the HC order as they were busy with many urgent cases. He however told The Daily Star that they would soon respond to the HC rule on the government that contained the directive. Following a writ petition, the court issued the rule on June 6 giving four weeks to respond to it. The rule also asked the government to explain within the same period why specific guidelines should not be framed regarding the process of selection for such appointments (of judges in both the divisions of the SC) to bring transparency and competitiveness in it. -The Daily Star, December 7, 2010.

No construction near Lalbagh fort
The High Court directed the Lalbagh police to take steps within 24 hours to stop the construction work going on near the boundary of historical Lalbagh Kella (fort) in Old Dhaka. An HC bench, comprised of Justice AHM Shamsuddin Chowdhury Manik and Justice Sheikh Md Zakir Hossain also ordered the officer-in-charge (OC) of Lalbagh Police Station to submit a report to it within a week on compliance of its order. The court also issued a rule upon the government and locals Md Shahid Hossain, Mohammad Haque and Lenin, who are erecting structures there, to explain within three weeks why they should not be directed to implement the relevant law and rules for protecting the natural beauty and existence of the fort. -The Daily Star, December 6, 2010.

800 unknown workers sued
A Dhaka court granted one-day remand for the three garment workers who were held and shown arrested during the Saturday's (December 4, 2010) clash between Universe Knitwear Factory workers and law enforcers in Ashulia on the capital's outskirts. They were produced before the court with a prayer for three days' remand each, said Ashulia police. Meanwhile, a case was filed with Ashulia police station Saturday night against some 800 unknown apparel workers while naming eight following the Saturdays' clash. Officer-in-Charge (OC) of Ashulia PS Sirajul Islam told this correspondent Ashulia police filed the case with police station accusing the workers on charge of attacking police and obstructing them in discharging their duties. On Saturday, at least 10 people, including two police personnel, were injured in a clash between the law enforcers and workers of Universe Knitwear Factory over the sudden closure of the factory at Jamgara in Ashulia. -The Daily Star, December 6, 2010.


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