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LAW week
Appeal against judgement on S. 54 &
167
The government appealed to the Supreme Court against a High Court Divisions' verdict that made detention under Special Powers Act of anyone arrested on suspicion under Section 54 of the Criminal Procedure Code (CrPC) illegal. On behalf of government Additional Attorney General Abdur Rezak Khan filed the appeal along with a prayer for stay operation of the High Court Divisions' judgement. The government argued in the appeal that section 54 and 167 of CrPC were not inconsistent with the fundamental rights guaranteed by the constitution. The High Court Division in a 15-point directive had set out to ensure that human rights of the persons under arrest or detention or on remand are not curbed. It observed that some of the provisions of section 54 and 167 were not consistent with the fundamental rights guaranteed by the constitution. It asked the government to amend the relevant sections of the Criminal Procedure Code within six months from the date of the ruling. It also asked to follow the guidelines strictly till the necessary amendments. -Law Desk.
Verdict in favour of arsenic patients
British lawyers fighting for Bangladeshi arsenic patients got a judgement, which paves the way for running a lawsuit against the British Geological Survey (BGS). Brotee, an NGO took the issue to the Bangladesh Arsenic Action Network (BIAN) in London about two years ago. The BIAN perused the fight for the last six months and won the judgement in favour of running the case in the British High Court. Claimants of the lawsuit said that the BGS neglected tests for arsenic when it carried water tests in Bangladesh in 1992. Leigh Day and Co and Alexander Harris represented approximately 750 Bangladeshi villagers suffering from arsenic poisoning, who claimed that the BGS, part of the Natural Environment Research Council, was negligent in carrying out arsenic tests during its 1992 survey on toxicity of Bangladeshi well-water. The judgement concluded that the case raises a novel point in the developing area of law on the reliance of technical reports and that there is a case for the defendants to answer which should be decided at a full trial. -Daily Star, 10 May.
Chartered Secretaries Act awaiting
The Chartered Secretaries Act is now under final process after getting approvals from the commerce ministry and law ministry. The Institute of Chartered Secretaries and managers of Bangladesh (ICSMB) in 1998 submitted the draft Act proposing the government to make it mandatory for appointment of 'qualified chartered secretary' in the public limited companies and other corporate houses. If enacted, the Act is expected to help develop corporate management in the country. - Financial Express,
New police force to be introduced
The government is planing to introduce a new elite force of police. It will be named as 'Rapid Action Battalion (RAB)' and will form with around 2000 trained personnel to deal with the new challenges of the hardcore criminals. Not only police, but also former and in-service army and members of other law enforcing agencies will be included in the RAB. Only 3040 percent efficient officers from outside the police are expected to be included in the
RAB for two years. In the wake of surging criminal acts across the country, the government has planned to acquaint the battalion providing them with some special power, modern equipment and other necessary logistic supports. -Prothom Alo, 13May.
Trademark related laws amended
The parliament passed two bills The Trademarks Act (amendment) Bill 2003 and The Patents and Designs (amendment) Bill 2003. Industries Minister Mk Anwar piloted the bills, which aimed at removing legal obstructions in the merger of Patent and Trademarks Registry offices by amending the Trademarks Act of 1940 and the Patents and Designs Act of 1991. The amendments will ensure effective functioning of the merged office styled as 'Patents, Designs and Trade Marks Directorate'. Piloting the bills the minister said that people would benefit form the unification of the trademarks and patents office. A directorate has been formed by merging the two offices that looks after the registration of trademarks of any product for its marketing like the registration of new inventions and on basic designs. - AjkerKagoj, 12 May.
Law and order deteriorates in Ctg
According to police report, law and order has deteriorated in some Upazilas of Chittagong district in recent time. Police have set up more outposts in the crime prone areas of the city and increased mobile patrols to bring law and order situation under control. Superintendent of police also admitted that criminal activities have increased in some parts of the district. Anti social elements who went to hiding during the Operation Clean Heart have resurfaced and started different types of criminal activities. According to monthly police report a total of 43 persons were killed in 13 Upazilas during the last four months from January to April.- Daily Star, 13 May.
67 newsmen subjected to torture
A survey report reveals that 67 newsmen were assaulted and tortured in Rajshahi division in last year. The survey conducted by Center for Communication and Development (CCD), a non-governmental organisation, from May 2002 April 2003 found that 6 journalists of the region were injured by terrorists attack and other 61 were harassed and received death threat. The survey also found that political leaders, activists, influential terrorists, smugglers, drug traders, high officials and police mostly threaten and harassed the journalists. - Ittefaq, 08 May.
Judge facing contempt charge
A top official of the law ministry facing charge of contempt of court for violating order of the Supreme Court was made a judge of the High court. When he was secretary of the law ministry M. Afzal Hossain Ahmed, by name and two others were issued rule by the High Court Division to show cause why contempt proceedings should not be drawn against them for committing offence by violating its judgement. - News Today, 07 May.
Demands of indigenous people
The indigenous people of Bangladesh have demanded guarantee of their rights in the country. Bangladesh Adibashi Forum, organisation of indigenous people made the call for ensuring proper utilisation of external aid for development and welfare of the natives in Bangladesh. Placing a 13 point of demand, Forum President Joytirindro Larma demanded specific guidelines for spending of donors' money for the welfare of the indigenous people. The demands also include proper implementation of the CHT peace accord, amendment and implementation of the CHT land commission laws. He lamented that the government's political commitment to development program targeting the indigenous population was absent. He said that the successive governments failed to implement any of the clauses of peace accord signed in 1997. - Prothom Alo, 10 May.
Arbitration for Magurchhara damages
The government plans to go for arbitration in the International Chamber of Commerce (ICC) court to settle the matter relating to compensation of Magurchhara blow out. State Minister for Energy and Mineral Resources AKM Mosarraf Hossain said that appointment of third party lawyer to settle the matter is under consideration of the government. He also said that the government has consulted with the local experts in this regard. The government repeatedly demanded the compensation of Tk. 3900 corer for the damages caused to gas reserve of Magurchhara following blow-out occurred in 1997. It is estimated that the negligence of Occidental officials was responsible for the disaster of the reservoir and the total revenue of gas was burnt out. This also caused huge damage to environment of the adjoining areas. -Independent, 10 May.
Child labour rising in Sirajganj
The number of child labourer is alarmingly increasing in all the nine Upazilas of Sirajganj district revealing the pitiable living condition of the people in rural areas. Being pressed hard by abject poverty, hundreds of children both boys and girls are engaged in different hazardous work to supplement the income of their parents. These children who are supposed to be in school, have been struggling in different fields. They earn their living by pulling rickshaws and carts and working as helpers at motor workshops, pottery, small and medium factories and construction sites. Many of them toil from early morning to late night as hotel boys and domestic hands. But they are paid very small amount for their hard work. Children working in bidi factories and workshops are exposed to various ailments. Respiratory trouble is most common among children working in bidi and welding factories. News Today, 10 May.