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Issue No: 249
December 17, 2011

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Law week

Khaleda's plea turned down
The High Court on December 14 rejected BNP Chairperson Khaleda Zia's appeal to it to stop the proceedings against her in Shaheed Zia Charitable Trust corruption case. Delivering the verdict on a petition, the court said trial of the case against Khaleda will proceed in the lower court in accordance with the law. On what grounds the HC rejected the petition could not be known as the copy of the verdict was not released. The attorney general, however, said the HC served the ruling on the grounds that the trial court would settle whether allegations brought against the opposition leader in the case are true. An HC bench of Justice Khandker Musa Khaled and Justice SH Nurul Huda Jaygirdar delivered the verdict after hearing arguments from counsels of the accused and the Anti-Corruption Commission, and Attorney General Mahbubey Alam.-The Daily Star December 15 2011.

SC asks govt to amend ship-breaking rules
The Supreme Court on December 14 directed the government to amend the recently framed ship breaking and recycling rules, as they do not ensure protection of workers and the environment. It asked the administration to publish a gazette notification on the amended rules and place it before the court by January 12. A five-member bench of the Appellate Division headed by Chief Justice Md Muzammel Hossain also fixed the day for passing further order on the issue. The SC directive came after Fida M Kamal, a counsel for Bangladesh Environmental Lawyers Association (Bela), had pointed out that the safety issue was missing in the rules. He said the rules had been formulated in light of Hong Kong International Convention that has not yet come into effect. - The Daily Star December 15 2011.

HC rejects petitions of Nizami, Mojaheed
The High Court on December 14 rejected two separate petitions filed by Jamaat-e-Islami leaders Motiur Rahman Nizami and Ali Ahsan Mohammad Mojaheed for quashing the proceedings against them in Barapukuria coalmine corruption case. Delivering a verdict on the petitions, the HC also vacated its earlier order that stayed the proceedings against the top Jamaat leaders. The HC bench of Justice Mohammad Anwarul Haque and Justice Md Mujibur Rahman Miah yesterday delivered the verdict after holding hearing on the petitions. Barrister Abdur Razzaq appeared for Nizami and Mojaheed.
-The Daily Star December 15, 2011.

Ghulam faces 52 charges
The prosecution of International Crimes Tribunal pressed 52 war crimes charges against former Jamaat-e-Islami chief Ghulam Azam. The charges include leading the mass murder of intellectuals on December 14, 1971 and the killing of 38 prisoners of Brahmanbaria jail. Ghulam Azam, considered by many a symbol of war crimes, was also held responsible by the prosecutors for all atrocities committed across the country from March 25 to December 16, 1971. Chief Prosecutor Ghulam Arieff Tipoo placed the charges before the International Crimes Tribunal and sought arrest warrant for the ex-Jamaat ameer. The tribunal received the charges through its registrar's office. Earlier on December 11, the prosecutors submitted formal charges of war crimes against top Jamaat leaders Motiur Rahman Nizami, Ali Ahsan Mohammad Mojaheed and Muhammad Kamaruzzaman.-The Daily Star December 13 2011.

Order on SQ Chy's petitions Nov 30
The International Crimes Tribunal (ICT) on December 12 , fixed December 19 for passing order on the petitions submitted by BNP leader Salauddin Quader Chowdhury on November 30. The three-member tribunal headed by its Chairman Justice Nizamul Huq set the date following the hearing on the petitions. The ICT also appointed Mohammad Badiuzzaman, a Supreme Court lawyer to represent Salauddin. In the petitions, Salauddin, who faces charges of crimes against humanity during the Liberation War in 1971, demanded a year's time to accumulate necessary documents and witnesses in his favour for the trial; live broadcast of his trial proceedings on the electronic media and a clear definition of 'crimes against humanity' in the rules of procedure. - The Daily Star December 13 2011.

HC asked report on fire safety at hospitals
The High Court on December 12 asked for a report on fire safety measures at hospitals, clinics and other health centres across the country. The director general of Directorate General of Health Services (DGHS) will have to submit the report by February 28. The court directive came in a suo moto move after a report was published in a Bangla daily on December 12 that most of the hospitals and clinics are at risk and most health centres do not have fire fighting equipment to douse fire. The HC bench of Justice AHM Shamsuddin Chowdhury Manik and Justice Jahangir Hossain Salim passed the directive. The directive came three days after a devastating fire swept through at a super-specialty hospital, AMRI Hospital, in Dhakuria locality in Kolkata. A total of 92 people, including one Bangladeshi, were killed in the fire. - The Daily Star December 13 2011.

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