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Separation of Judiciary

More time sought to examine bill

Staff Correspondent
The bill designed to continue separation of the judiciary will have to wait for at least another week to be passed in parliament.
The House yesterday extended by seven days the time limit for scrutiny of the proposed law based on the twin ordinances that separated the judiciary from the executive in a landmark decision by the caretaker government.
The parliamentary standing committee on the law ministry was supposed to place report on the bill yesterday.
But instead, it sought more time as the government high-ups could notyet decide on jurisdiction of the executive magistrates, said sources.
Committee Chairman Suranjit Sengupta did not explain the reason for seeking extension.
In response to growing call from the administrative cadres, the committee on Thursday decided to recommend that parliament bring amendments to the bill to empower executive magistrates to take cognisance of offences in extraordinary circumstances.
After a meeting that day, Sengupta said they would turn in their report Sunday.
The same day Law Justice and Parliamentary' Affairs Minister Shafique Ahmed, who placed the bill in parliament on March 2. said the proposed new law might be passed this week.
Magistrates from the admin service lost the cognisance power in separation of the judiciary from the executive in 2007.
In line with the Supreme Court’s directives, the caretaker government separated the judiciary through two ordinances amending the Code of Criminal Procedure.
Despite being recommended by the special parliamentary committee for ratification, the ordinances ceased to have effect
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on February 25. as they were not ratified within the stipulated time limit.
Later, the government .tabled Code of Criminal Proce$lqre (Amendment) Bill 2009 to enact laws necessary for continuation of the separation.
Last week, a High Court bench ordered the government to explain by March 19 under what legal authority the judicial magistrates are functioning now that the ordinances separating the judiciary’ are not in force.
In a suo moto rule, it also asked the government to explain why it did not have the ordinances ratified.
OTHER EXTENSIONS
The bill seeking revival of the Upazila Parishad Act 1998 will take two more weeks to be approved by the legislature.
The House yesterday extended by two weeks the time for the parliamentary standing committee on the LG RD ministry to place report on the bill.
The upazila parishads constituted through January’ 22 polls have yet to begin functioning due to absence of the laws required.
The upazila ordinance promulgated by the caretaker government lost effect on February 25 as parliament did not ratify it by that day.
The House yesterday gave the standing committee on the law ministry two more weeks also for submitting reports on Human Rights Commission Bill, Money Loan Court (amendment) Bill and the Supreme Court's Judges (remuneration and privileges) Bill.
On proposal of Rashed Khan Menon, chief of the parliamentary standing committee on the education ministry, parliament stretched by two weeks the time to place reports on Bangladesh University of Professionals Bill and Begum Rokeya University BUI.