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LAW week
Graft case against PM quashed
The High Court (HC) Division has quashed the Airbus purchase scam case against Prime Minister (PM) Khaleda Zia. Bureau of Anti -corruption (Bac) filed the case during the Awami League government. A vacation bench comprising Justice Joynul Abedin and Justice Tariqul Hakim gave the verdict after hearing final arguments on the quashment petition by Prime Minister Khaleda Zia. Earlier, a HC division bench issued a rule nisi on the government on November 6, 2000 and stayed proceedings of the case after Khaleda challenged the charges against her. The Attorney General's Office did not oppose the petition nor will it appeal against the HC verdict. -Daily Star, 11 September.
Plan to appoint lawyers from private sector
The governemtn has decided a appoint a panel of four lawyers in addition to public prosecutors to lessen the burden of piled up cases concerned with the administration. The government has finalised a proposal to appoint eminent lawyers to successfully deal with some 1000 pending cases for the government. The four lawyers are Advocate Khondoker Mahbubuddin MP, former justice TH Khan, former Attroney General Barrister Rafiqul Haque, and President Supreme Court Bar Accociation Barrister Rokonuddin Mahmud. Each of them will get Tk. 50,000 as lump sum and Tk 30,000 for each appearance before the court. -NewAge, 08 September.
FBCCI election process challenged
The High Court division has issued a rule upon the Director of Trade Organisation of Ministry of Commerce and members of FBCCI Election Board, Election Appellate Board and Election Tribunal asking them to show cause in four weeks why the hand raising system in apex trade body election process should not be declared illegal. A bench comprising Justice Amirul Kabir Chowdhury and Justice Syed AB Mahmudul Haque issued the rule but did not pass any order to cancel the election or stay formally publishing the results of the polls held on August 27. The bench issued the rule on the Director of Trade Organisation of Ministry of Commerce and members of FBCCI Election Board, Election Appellate Board and Election Tribunal. Mr Mohammad Ali, an elected director and vice-president candidate, and Md Helal Uddin, also an elected director, jointly filed the writ petition challenging the hand raising system in second phase of the election process. The petitioners argued as per clause 15 (B) (IX) of the SRO (statutory regulatory order) No. 373 dated 01-012003 and Rule 17(7) of the Election Procedures the second-tier election of the FBCCI was to be held through secret ballots. -Law Desk, 08 September
Contempt rule against RAJUK chairman
A contempt rule has been issued against 3 top officials of RAJUK including its chairman Iqbal Uddin Chowdhury, for violating High Court order. A vacation bench of the High Court Division comprising Justice Amirul Kabir Chowdhury and Justice AB Mohmudul Haque passed the order on Sunday ( 07 September). The rule was issued following a writ petition filed by Mrs. Momtaz Shirin, resident of Gulshan area of Dhaka. In her petition she contended that she field a petition before the High Court Division praying for restraining the RAJUK authority from demolishing her under-construction house, and the High Court on 03 September issued a rule nisi upon the respondents and asked them not to demolish the construction. But the respondents demolished the construction violating the court order. The Court asked the respondents to appear before it in person on 15 September to explain their act. -Observer, 08 September
Army men sued for torturing girl
Two army men have been charged with torturing a college girl while conducting a raid on the house of a chairman in Chitolmari Upazilla. The raid was carried out during the 'Operation Spider Web' in the southern region. After the incident the girl's father filed a case with the first class Magistrate's court in Bagerhat against the army personnel, including the Camp in-charge Captain Tareq. It was alleged that Captain Tareq and some unidentified members of his force cordoned the house and tortured the girl. However, the court has directed the officer-in-charge of Chitolmari Police Station to take legal action in his regard. -The Daily Star, 9 September.
Cop killed colleague and himself
A police constable shot dead a colleague before turning the gun on himself in a police of Barisal. Sarob Bindu Chakma , who was on duty at the armoury, killed Nirupam Chakma in his sleep. After the killing the fellow policeman upstairs Sarod came down quickly and shot himself with his rifle. The motive for killing and subsequent suicide could not be known. However an unconfirmed source revealed that the tragic incident was a result of a row between the two policemen over a woman. -The Independent, 8 September.
Foreigners languishing in jail for years
Nineteen foreigners, including three women, of seven countries have allegedly been detained in different jails of Bangladesh even after serving their prison terms. Among them, 11 are from India, two from Sri Lanka, two from Nepal, and the other four from Tanzania, East Africa, Myanmar and Saudi Arabia. Zerin Khan Nishu of Myanmar, one of them has been languishing in Jaiil for seven years in Dhaka Central Jail after his conviction period was over; but he does not know why he is still in the jail and how long he will have to stay there. This was revealed in an investigation report of The Bangladesh Society for the Enforcement of Human Rights (BSEHR) a human rights organisation. Advocate Alena Khan, the BSEHR director for investigation, led the three-member investigation team. - Janakantha, 10 September
Doubt cast over anti-graft body
Speakers at a discussion said the proposed independent anti-corruption commission would not attain its objectives. The roundtable on the proposed bill to form the commission was organised by Transparency International Bangladesh (TIB) at the CIRDAP auditorium. The speakers said the process of forming the commission is not free from the government's influence, as the six-member selection committee will consist of the finance and law ministers and the cabinet division will also have a role. They demanded dropping of the two ministers from the committee, inclusion of a representative from the opposition, provisions for further amendment to the bill to ensure that the commission is free from the government's influence, and making it a constitutional body. -Law Desk.
Anti-piracy drive in coastal areas starts
A joint anti-piracy operation by police, Coast Guard and Navy begins today in the Meghna estuary and coastal areas of Barisal and Bhola against the backdrop of several recent incidents of piracy and killing of fishermen. In the latest such incident, four fishermen were reportedly abducted from Latakhali in Monpura on September 4 and feared killed. Bhola Police Superintendent Mallick Fakrul Islam will coordinate the operation and Commander Lt. Roisuddin Ahmed will be in charge of Coast Guard personnel. The combing operation will cover the five upazilas of Monpura, Charfesson, Lalmohan, Borhanuddin, Tazumuddin and Daulatkhan and their territorial waters to nab pirates and trace the abducted fishermen, dead or alive. Police teams from Barisal, Bhola, Laxmipur, Ramgoti and Noakhali have joined the operation. -Daily Star, 11 September.
Land-filling by Jamuna at Ashulia stayed
The Appellate Division of the Supreme Court has stayed for a week a High Court Division (HCD) order that restrained Rajuk from obstructing Jamuna Builders Limited from filling Ashulia lowlands with earth for construction. Justice M Hamidul Huq, chamber judge of the Appellate Division of the Supreme Court issued the stay order upon a petition by the government and fixed September 16 for the next hearing. The HC issued a rule on Rajuk on August 24, preventing it from halting earthfilling in Ashulia, following a writ by Nurul Islam, chairman of Jamuna Builders, a leading real estate developer. Jamuna Builders obtained the August 24 order from the HCD, although another HCD bench issued an injunction on July 13, 2002 against the filling of Ashulia wetlands by anyone.The injunction came after Bangladesh Environment Lawyers Association (BELA) filed a petition with the HC against land-filling by Jamuna Builders. -Inqilab, 10 August.