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Issue No: 246
November 26, 2011

This week's issue:
Rights Monitor
Law Analysis
Human Rights Watch
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Your Advocate
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Law week

Hearing on SQ Chy's fresh plea Nov 29
The International Crimes Tribunal on November 24 adjourned till November 29 the hearing on a petition filed by BNP leader Salauddin Quader Chowdhury seeking stay on the proceedings of war crimes charges against him. He filed the petition to the tribunal on November 23, saying that as per the constitution, a High Court judge could not perform as the judge of the tribunal. And if anybody violates the constitution, he or she will be treated as an accused of sedition, the petition said. Thus, the two judges Justice Nizamul Huq and Justice ATM Fazle Kabir, who are the judges of the Appellate Division of the Supreme Court, cannot perform as the judges of the tribunal, it added. The three-judge tribunal headed by Chairman Justice Nizamul Huq fixed November 29 for hearing the petition.-The Daily Star online edition November 24 2011.

HC rejects plea to scrap case
The High Court on November 23 ordered a continuation of the 1996 stock market scam trial against three persons, including a Dhaka University teacher, 12 years after the proceedings had been stayed. HC observed that the case involves public interest and asked the trial court to complete the trial within six months after receiving a copy of the judgment. The accused are Prof Mahbub Ahmed of accounting department at DU, and two brokers -- MG Azam Chowdhury and Shahidulla. The three were partners at Securities Consultant Limited, a consultancy firm. The HC bench of Justice M Enayetur Rahim and Justice Sheikh Md Zakir Hossain passed the order, rejecting separate petitions by the three accused. Earlier, The Securities and Exchange Commission (SEC) had filed the case in April 1997, accusing the firm and its dealers and brokers of being involved in fraudulent activities from July to December of 1996. -The Daily Star November 24 2011.

HC asked DU authorities
The High Court on November 23 asked the Dhaka University (DU) authorities to inform it by November 28 whether the answer sheets of the 'Ga' unit admission test can be assessed by excluding the six "erroneous" questions. It also asked the DU authorities to inform it why they have decided to cancel the results of 'Ga' unit (business studies faculty) and hold a fresh test. The court passed the order after hearing a writ petition challenging the DU authorities' decision on November 21 to cancel the results of the admission test and hold a fresh test on December 9. The HC bench of Justice AHM Shamsuddin Chowdhury Manik and Justice Jahangir Hossain fixed November 28 for further hearing on the matter. Earlier, 'Ga' unit admission test for 2011-12 session was held on October 28 and the result was published on October 31. The university administration re-examined the answer sheets and published a fresh result on November 2 on account of a number of “incorrect answers” being shown as correct.- The Daily Star November 24 2011.

Order on Sayedee's petition deferred
The International Crimes Tribunal on November 23 deferred till November 28 for passing order on a petition filed by Jamaat-e-Islami leader Delawar Hossain Sayedee seeking explanation on why Justice Nizamul Huq is continuing to chair the tribunal. Deputy registrar of the tribunal Mesbahuddin Ahmed told The Daily Star that the tribunal fixed November 28 for passing order on the petition, as it could not prepare the order on November 23. Sayedee filed the petition on November 16 following a response from the remaining judges of the tribunal that the tribunal chief's decision to abstain from trial proceedings is entirely up to him. Earlier On October 27, Sayedee filed a petition urging the tribunal chief to abstain voluntarily from trial proceedings against him.- The Daily Star November 24 2011.

HC fined for filing false case
The High Courton November 22 fined one person Tk 40,000 for filing a false case against Rajuk chairman and a Supreme Court lawyer to obstruct the compliance of its (HC) order for saving Gulshan-Mohakhali lake in the city. Delivering a verdict on a writ petition, the court also directed the deputy commissioner of Dhaka to take appropriate action against Abdul Zabbar, the complainant of the case. Zabbar of Badda in the city filed a criminal case on December 10 last year with the court of an executive magistrate, Dhaka against the Rajuk Chairman Nurul Huda and Barrister Omar Sadat accusing them of grabbing the Gulshan-Mohakhali lake.- The Daily Star November 23 2011.

HC issued rule upon govt.
The High Court on November 20 issued a rule upon the government to explain in two weeks why the verdict of a special military court that convicted a bank official during the regime of HM Ershad in 1986 should not be declared illegal. Then special military court-7 in Dhaka on February 13, 1986, had convicted Ananda Kanti Sarker, a manager of Sonali Bank and sentenced him to life for misappropriating of money. The then government had terminated Ananda from this service on July 1987 following the verdict. In response to Ananda's writ petition, the HC also asked the government to explain why the then military government's action terminating Ananda should not be declared illegal. - The Daily Star November 21 2011.

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