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Issue No: 261
March 17, 2012

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Law week

HC clears way for trial of stockbroker
The High Court yesterday cleared the way for a lower court to continue trial in a case filed over the 1996 stockmarket scam, more than 13 years after the proceedings were stayed. The accused are all officials of Premium Securities Limited (PSL), a brokerage house -- Managing Director Mashiur Rahman, Chairman Abdur Rouf Choudhury, and directors Sayeed Hossain Chowdhury and Anu Jaigirdar. Delivering a verdict on four separate petitions, the HC asked the District and Sessions Judge's co court, Dhaka, to complete the trial as early as possible after receiving copy of this judgement. The HC also vacated its earlier order that stayed the case proceedings against the four accused on August 24, 1998. -The Daily Star March 15 2012.

HC asks govt to provide information
The High Court on March 12 asked the government to provide information about health, education and nutrition facilities which are given to the children staying with their mothers in jails across the country. In response to a writ petition, the court ordered the officials concerned to inform it in three weeks about the facilities for the children in jails. The HC bench of Justice Farid Ahmed and Justice Sheikh Hassan Arif also issued a rule upon the officials to explain in three weeks why the alleged violation of fundamental rights of those children should not be declared illegal. Secretaries of home, social welfare and women and children affairs ministries and inspector general of prisons have been made respondents to the order and the rule. -The Daily Star March 13 2012.

Contempt rule against Prof Ershadul Bari
The High Court on March 12 issued a contempt of court rule against Prof Ershadul Bari, former vice chancellor of Bangladesh Open University (BOU), for not appearing before it as per its earlier summons order. In the rule, the court asked Prof Bari to explain why he should not be punished for committing contempt of court. Earlier on March 5, the HC summoned the former BOU VC to appear before it on March 12 (yesterday) in connection with a charge of distorting the history of the War of Liberation in two textbooks he had written for the BOU students in 2000. During the hearing of a writ petition, it ordered the Inspector General of Police and Dhaka Metropolitan Police commissioner to ensure appearance of Prof Bari before it on April 10 in connection with the rule.-The Daily Star March 13 2012.

2 judges differ on mass arrests
Two judges of the High Court on March 11 passed dissenting orders on a writ petition that challenged the reported mass arrests in the capital by law enforcers ahead of BNP's Dhaka rally on March 12. Senior judge of an HC bench Justice Mirza Hussain Haider asked the government to explain in six weeks as to why it should not be directed to ensure free movement of people, their right to hold assembly and other fundamental rights enshrined in the constitution. Junior judge of the bench Justice M Khurshid Alam Sarkar, however, rejected the petition, saying that he would not accept a petition relating to a political programme. The HC bench will now send the petition to Chief Justice Md Muzammel Hossain who will then form another bench of the HC to dispose of the matter. Ruhul Kuddus Kajol, a Supreme Court lawyer, filed the petition as public interest litigation, seeking HC directives upon the government to ensure that people can move freely in the capital.-The Daily Star March 12 2012.

HC to stop extra-judicial punishment
The High Court on March 11 directed the inspector general of police (IGP) to issue a notification to all police stations for taking action against extra-judicial punishments taking place in the name of arbitration. During the hearing of a rule, the court asked the IGP to mention in the notification that the police would have to record cases without any written allegation of such punishments. It ordered the LGRD secretary to issue another notification to inform all local government bodies, including union parishads and municipalities, that their representatives cannot punish anybody in arbitration which is a punishable offence. The HC bench of Justice AHM Shamsuddin Choudhury Manik and Justice Jahangir Hossain Selim also directed the information secretary to broadcast the directives through media. -The Daily Star March 12 2012.

HC passes dissenting orders on 'mass arrests'
Two High Court judges passed dissenting orders Sunday on a writ petition challenging reported mass arrests ahead of BNP's Monday rally in capital. The presiding judge of a division bench issued a rule upon the government to explain in six weeks why it should not be directed to ensure free movement of people. Justice Mirza Hussain Haider also asked for explanation as to the people's right to hold assembly and other fundamental rights guaranteed by the constitution should not be ensured. On the other hand, Justice M Khurshid Alam Sarkar, the other judge of the bench, summarily rejected the petition, saying he would not accept the petition that was related to a political programme staled for Monday. -The Daily Star March 11 2012.

 

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