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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: 230
August 06, 2011

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Law Week

Judge embarrassed to hear 'banned'
lawyers' bail plea

A High Court judge on August 4 expressed embarrassment over the bail petition hearing of 13 lawyers accused of assaulting police and preventing the latter from performing their duties at the court on August 2. The bench of Justice Nazrul Islam Chowdhury and Justice Anwarul Haque were hearing the bail petition. An HC courtroom exploded into chaos on August 2 after the judges observed that opposition leader Khaleda Zia's recent comments about the constitution are tantamount to sedition and questioned her patriotism, while giving order in a separate case against Islami Oikya Jote leader Mufti Fazlul Haque Amini for his alleged derogatory remarks about the constitution. Following the chaos, Shahbagh police filed a case against 14 lawyers on charge of assaulting police and preventing them from performing their duties during Tuesday's chaos. On August 3 , an HC bench banned the 13 lawyers from practising in any court of the country. All the accused lawyers, excepting Rezwan Ahmed, appeared before the bench on August 4 and moved a petition for anticipatory bail. -The Daily star online edition August 4 2011.

HC orders judicial probe
Fifteen days after a mob beat six students dead at Aminbazar on the outskirts of the capital, the High Court on August 03 ordered judicial enquiry into the incident. The reason behind the killings is still a mystery as locals and police claimed that the victims were robbers while families of the deceased and their neighbours took to the street claiming their innocence and demanding exemplary punishment to the culprits. The HC in its order asked the Dhaka chief judicial magistrate to form a one-member enquiry committee with a judicial magistrate. It gave the committee one month's time for the submission of its report. In response to a writ petition filed by National Forum for Protection of Human Rights, an HC bench of Justice Farid Ahmed and Justice Sheikh Hassan Arif passed the order. -The Daily star August 4 2011.

Bail petitions rejected
A Dhaka court on August 4 again rejected bail petitions of three former Criminal Investigation Department (CID) officials accused in the August 21 grenade attack cases. The former CID officials are Ruhul Amin, former special superintendent of police, and Munshi Atiqur Rahman and Abdur Rashid, two former assistant superintendents of police. Metropolitan Magistrate Keshob Roy Chowdhury passed the rejection orders after their lawyers submitted three separate bail petitions in the case filed in connection with the killing of 24 people in the grisly grenade attack on an Awami League rally in 2004. Earlier on July 5, the same court rejected their bail petitions and sent them to jail after they had surrendered before it seeking bail. The three are also accused of misleading the probe into the grenade attack cases.- The Daily star August 4 2011.

High Court summons N'ganj doctor
The High Court on August 4 summoned Noor-e Akhter, assistant surgeon of Bandar Upazila Health Complex in Narayanganj, to explain about his treatment to a "critically" injured young man who was tortured in village arbitration. One Babu Chakrabartee of Musapur under Bandar police station was reportedly mercilessly tortured in the arbitration on July 16. Babu was punished for marrying daughter of one local Brojen Das without his (Brojen) consent. The HC directed Noor-e Akhter to appear before it on August 8 to explain whether Babu was tortured and why he did not mention about torture in his medical report. The bench of Justice AHM Shamsuddin Chowdhury Manik and Justice Gobinda Chandra Tagore issued the summons, as officer-in-charge of Bandar Police Station Harunur Rashid informed that there was no mention of torture in the medical report.- The Daily star August 4 2011.

HC warns Khaleda, Amini for remarks
The High Court on August 2 said the recent statements of BNP Chairperson Khaleda Zia and Islami Oikya Jote leader Fazlul Haq Amini about the constitution amount to sedition.
The court also said it will not tolerate any derogatory comments on the constitution and will be compelled to take steps against anybody making such statements. It was passing an order on a writ petition filed against Amini for saying the amended constitution would be thrown away. Comprised of Justice AHM Shamsuddin Chowdhury Manik and Justice Gobinda Chandra Tagore, the HC bench said there is little difference between the statements made by Khaleda and Amini. Both Khaleda and Amini are accused of sedition if they have truly made such statements, it observed. Referring to the 15th amendment, Khaleda Zia on July 13 said the constitution has been turned into an “Awami League manifesto” and it would be thrown away once her party returns to power. The following day, Amini made similar statement.- The Daily star August 3 2011.

 

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