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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: 282
August 11, 2012

This week's issue:
Law Watch
Human Rights Monitor
Law News
Parliament Scan
Law Letter
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Law Week

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Law Week

Defamation case against Rizwana Hasan quashed
The High Court on August 8 quashed a defamation case against Chief Executive of Bangladesh Environmental Lawyers Association (Bela) Syeda Rizwana Hasan and Bela's lawyer Iqbal Kabir Lytton. Manager of ship breaking company MAK Corporation filed the case in 2011 after Bela served two notices to the government saying the ship breaking company is preparing to export toxic ship ignoring an HC order. The accused filed a petition with the HC on January 24 in 2011 to quash the case. The HC on that day issued a rule asking government and the plaintiff of the case to explain why the case should not be quashed and stayed the proceedings of the case. After holding hearing on the rule, the HC bench of Justice AHM Shamsuddin Choudhury Manik and Justice Farid Ahmed delivered the verdict. -The Daily Star August 9 2012.

HC declares Kollol publisher of Amader Shomoy
The High Court (HC) on August 8 upheld a Dhaka district magistrate's decision that declared Advocate SM Baksh Kollol as publisher of the daily Amader Shomoy. The court delivered the verdict after rejecting a writ petition filed by Nayeemul Islam Khan, former editor and publisher of the daily, challenging the legality of the district magistrate's order on September 28 last year. Following the writ petition, the HC earlier on January 16 stayed the district magistrate's order and also issued a rule upon Kollol and the government authorities concerned to explain why the order should not be declared illegal.- The Daily Star August 9 2012.

HC denies Golap bail
The High Court (HC) on August 8 rejected a bail petition filed by Rajshahi University (RU) unit Islami Chhatra Shibir President Shamsul Alam Golap in connection with RU student Faruk Hossain murder case. Golap, now in jail, filed the bail petition on May 3 after HC issued a rule upon the government to explain why he should not be granted bail in the case. After holding hearing on the rule, the HC bench of Justice Rezowan Ali and Justice SH Nurul Huda Jaigirdar rejected the petition considering that it was not moved before it. Faruk, a Bangladesh Chhatra League (BCL) activist, was killed by Shibir activists during a clash with BCL on February 9, 2010, according to the case statement.- The Daily Star August 9 2012.

HC orders Rab probe
The High Courton August 7 directed the government to transfer the Aminbazar killing cases to Rab, saying the Criminal Investigation Department could not make significant progress in its investigations. On the night of holy Shab-e-Barat on July 18 last year, a mob at Bardeshi village in Aminbazar beat six boys, all school and college students, dead and left another injured in the presence of the police, taking them for robbers. In response to a petition filed by the victims' parents, an HC bench of Justice Farah Mahbub and Justice Abdur Rob ordered the Rapid Action Battalion (Rab) to complete investigations into the cases within four months and submit a report to it. The HC bench asked the inspector general of police (IGP) and Dhaka Metropolitan Police commissioner to transfer the responsibility for the investigations to Rab within seven days of getting the copy of the court order.- The Daily Star August 8 2012.

Modhumoti Model Town illegal
The Supreme Court on August 7 upheld a High Court verdict that had declared Modhumoti Model Town illegal. Metro Makers Ltd developed the controversial housing project filling up a 550-acre wetland identified as a flood flow zone in the Dhaka City Master Plan. The SC Appellate Division delivered the verdict after around six months of concluding the hearing on five separate appeals filed in 2009 challenging separate portions of the HC verdict. Of the appeals, Metro Makers filed two while Bangladesh Environmentalist Lawyers' Association (Bela), plot purchasers and Rajdhani Unnayan Kartripakkha (Rajuk) filed one each. Following the apex court verdict, Bela lawyer Iqbal Kabir Lytton told The Daily Star the Modhumoti Model Town authorities and those who had purchased plots could not construct any structure in the project area. From now on, the project area will remain as a free flood flow zone and the capital will also be freed of waterlogging.- The Daily Star August 8 2012.

HC stays speedy trial of arson case
The High Court on August 6 stayed for eight weeks all the operations of a Dhaka court dealing with an arson case against 46 opposition leaders including BNP acting secretary general Mirza Fakhrul Islam Alamgir. The order came after the hearing on a petition challenging the Chief Metropolitan Magistrate (CMM) Court decision to give power to Metropolitan Magistrate Harun-or Rashid to conduct the proceedings of Dhaka's Speedy Trial Court-5 in the case. Police filed the case with Tejgaon Police Station hours after a bus was set ablaze near the Prime Minister's Office during the April 29 hartal. During the proceedings, the HC also issued a rule upon authorities concerned to explain in two weeks why the CMM Court decision should not be declared illegal. -The DailyStar aily Star August 7 2012.


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