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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: 242
October 29, 2011

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Law Week

HC bans construction near Lalbagh Fort
The High Court has banned constructions of any highrise near Lalbagh Fort in the old part of the capital for protection and preservation of the heritage site. Delivering a verdict on a writ petition on October 26, a division bench ordered the government authorities to implement Antiquities Act 1968 and Building Construction Rules 2008 properly for any constructions near the fort. Justice AHM Shamsuddin Chowdhury Manik and Justice Jahangir Hossain delivered the verdict after hearing the petition filed by Human Rights and Peace for Bangladesh (HRPB) on December 5 last year. Following the petition, the HC had directed police to stop constructions near the boundary of Lalbagh Kella, and asked the government to explain its measures to protect the beauty and existence of the heritage site. -The Daily Star online edition October 26 2011.

SC order on Jamuna TV appeal Nov 16
The Supreme Court will pass order on November 16 on Jamuna TV's appeal against a High Court judgement that justified government's cancelling its frequency and stopping its test transmission. The Appellate Division of the SC headed by Chief Justice Md Muzammel Hossain fixed the date on October 26 after concluding hearing on the appeal. Jamuna TV, a private satellite television channel, went on test transmission on October 15, 2009. The government stopped its transmission and cancelled its allocation of frequency on November 19, 2009 on charge of operating without any licence and no objection certificate (NOC). The HC upheld the government decision on May 20 last year after the TV authorities challenged the move. The Jamuna TV later challenged the HC verdict. -The Daily Star online edition October 26 2011.

Take steps for Nizami's treatment: ICT
The International Crimes Tribunal (ICT) directed the jail authorities on October 26 to take necessary measures for the treatment of Jamaat-e-Islami Ameer Motiur Rahman Nizami. Nizami is facing charges for committing crimes against humanity during the 1971 Liberation War. The three-member tribunal passed the order following a contempt of court petition filed by Nizami against Altaf Hussain, jail super of Dhaka Central Jail. The court also asked the jail authorities to be cautious about implementing its order. -The Daily Star online edition October 26 2011.

HC questions Grameen's action
The High Court on October 25 questioned the legality of Grameen Bank authorities' decision to terminate its 73 employees from their service. In response to a writ petition, the court issued a rule upon the government and the Grameen Bank authorities to explain in four weeks why the termination of 73 employees in the name of voluntary retirement should not be declared illegal. Former officer of Grameen Bank Emdadul Haque and other 72 terminated employees jointly filed the petition on October 23 with the HC challenging the legality of their termination. The Bangladesh Bank governor, finance secretary and managing director of Grameen Bank and six others have been made respondents to the rule. Advocate SM Zahirul Islam appeared for the petitioners, while Deputy Attorney General Motaher Hossain Sazu represented the government. -The Daily Star October 26 2011.

Hearing deferred in 10-truck Arms Case
A Chittagong court on October 25 deferred till November 14 the hearing on the charge framing against the accused in two cases relating to the 10-truck arms haul in 2004. Chittagong Metropolitan Sessions Judge SM Mozibur Rahman passed the order following a time petition filed by the defence lawyers. “We did not get all the certified documents related to the cases till October,” said the defence lawyers, adding that they require more time to prepare for the hearing. The lawyers also sought directives upon the investigators to complete further investigation before the hearing. -The Daily Star October 26 2011.

HC directed to remove illegal structures
The High Court on October 24 directed the government to demolish all unauthorised structures on the St Martin's Island within 60 days. In response to a writ petition, the court also ordered the government to formulate necessary rules and guidelines in six months to prevent exploitative commercial activities at St Martin's Island and to protect eco-tourism there. The HC bench of Justice AHM Shamsuddin Chowdhury Manik and Justice Jahangir Hossain gave the ruling after hearing the petition filed by Bangladesh Environmental Lawyers' Association (Bela). Bela filed the petition as public interest litigation on October 18, 2009, seeking directives on the government to regulate commercial tourism in the ecologically fragile island and to prevent the indiscriminate and unauthorised constructions of hotels, motels, restaurants etc. there. -The Daily Star October 25 2011.


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