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Issue No: 208
March 05, 2011

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Law Opinion
Law Book Review
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Law Week

Hearing on Yunus' writ starts
Hearing on a writ petition Nobel Laureate Dr Muhammad Yunus on Thursday filed challenging the government notice to relieve him of his duties at Grameen Bank has begun. The HC bench of Justice Momtaz Uddin Ahmed and Justice Gobinda Chandra Thakur is likely to hear the petition. Yunus was unceremoniously relieved of his duties through a Bangladesh Bank letter sent to Grameen Chairman Khondoker Muzammel Huq. The central bank said Yunus failed to seek its approval when he was reappointed as the managing director in 2000, violating one of the statutes of the partly state-owned (25 percent) Grameen Bank. Grameen Bank however said his position was legal. With his forced exit, the microfinance institution's journey of over 30 years enters a different stage. -The Daily srar online edition March o3 2011.

Fatwa illegal, goes against constitution
The constitution and the laws of the republic do not permit any extra-judicial punishment in the name of fatwa, eminent jurist Dr Kamal Hossain told the Supreme Court on March o2. Some people indulge in illegal practice of fatwa for personal gains in the country's rural areas, he said while making submissions during the hearing of an overdue appeal against a High Court verdict that had declared fatwa illegal. Mentioning a few incidents of issuing fatwa against girls, he told the court that such acts of barbarism must be stopped. Advocate Nazrul Islam, counsel for the appellants, pleaded against the HC verdict and told the court that fatwa has been a "part and parcel of Islam." The lawyer, however, said the misuse of fatwa has to be stopped. The Appellate Division on March 1 started hearing the appeal against the HC verdict. On January 1, 2001, the HC declared illegal all punishments in the name of fatwa. The verdict came following a hearing on a suo moto HC ruling after a report on Hilla marriage (marriage with a third person) was published in a newspaper. -The Daily star online edition March 03 2011.

HC asks govt to ensure preservation
of Mahasthangarh

The High Court on 2 March issued a set of directives upon the government to protect and preserve the Mahasthangarh archaeological site and its adjacent mosque and shrine in Bogra. The court also reconstituted a committee formed earlier to recommend ways to protect the historical archaeological site and its adjacent mosque and shrine. The HC removed the deputy commissioner of Bogra from the committee and replaced him by the head of the department of history of Government Azizul Huq College in Bogra. The move came as the court was informed that the DC was not sincere in protecting the archaeological site from grabbers. The HC bench of Justice AHM Shamsuddin Chowdhury Manik and Justice Sheikh Md Zakir Hossain asked the committee to submit a report before it within two months. During hearing of a writ petition, the court directed the authorities concerned to stop construction of structures near the archaeological site for the next two months.-The Daily star March 3 2011.

Appeal hearing against 13th
amendment verdict starts

The Supreme Court on March 01 started hearing a long pending appeal against a High Court verdict that declared valid the thirteenth amendment to the constitution allowing general elections under caretaker government. The HC on August 4, 2004 had declared thirteenth amendment to the constitution legal and observed the changes those do not distort basic structures of the constitution. A larger bench of the HC had delivered the verdict following a writ petition by SC lawyer advocate M Sollimullah and Abdul Mannan Khan challenging the thirteenth amendment to the constitution. The writ petition was filed on January 25, 2000 saying that a democratic structure of the government is basic principal of the constitution and people's elected representatives have to run the administration of every pier of the republic, according to the preamble and article eight and 69 of the constitution. The writ petition was filed with an appeal against the HC verdict in 2004. -The Daily star online edition 01 March 2011.

Govt allowed to appeal against HC
verdict on CTH regional council

The Supreme Court on Thursday allowed the government to move an appeal with the court against the High Court verdict that declared illegal the Chittagong Hill Tracts Regional Council.

The seven-member bench of the Appellate Division headed by Chief Justice ABM Khairul Haque also stayed the HC verdict till disposal of the appeal.

The apex court passed the order after granting a leave-to appeal petition filed by the government challenging the HC verdict that pronounced on April 13, 2010.- The Daily star online edition 01 March 2011.

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