<%-- Page Title--%> Law Letter <%-- End Page Title--%>

November 1, 2003 

PM okays probe into judge's 'graft'

Prime Minister Khaleda Zia has sent the reference file to the president for formation of the Supreme Judicial Council to probe an allegation of misconduct against an additional judge of the High Court.

The president is likely to ask the chief justice soon to form the council headed by the chief justice and probe the allegation. Chief Justice KM Hasan on October 20 sent a file to the president for his approval for formation of the Supreme Judicial Council following the allegation that Judge Syed Shahidur Rahman had taken money from an accused in a woman's repression case to help him get bail. The president sent the file to the Prime Minister's Office on October 23 for approval. Supreme Court Bar Association President Rokanuddin Mahmud at a meeting of the Bar on October 1 alleged that Judge Shahidur received Tk 50,000 from a client for fixing a bail. -Daily Star, 29 October.

Murder case against OC
A murder case has ben filed with the Court of the Chief Metropolitan Magistrate, Dhaka, against the former officer-in-charge (OC) of Khilgaon Police Station and a sub-inspector (SI) for beating a young man to death in police custody on October 25. Metropolitan Magistrate Emdadul Haq took the case into cognisance following a hearing and asked the Dhaka Metropolitan Police (DMP) commissioner to appoint an investigation officer of the Criminal Investigation Department (CID) to probe the matter. The police headquarters has also formed a three-member committee, headed by Deputy Inspector General (DIG) Abdul Mannan, to investigate the custodial death of Shakil Ahmed Chowdhury Sumon, a mobile phone trader at Meradia, Khilgaon. Two other members of the committee are Special Superintendent (SS) of Special Branch Mahbub Hossain and SS of the CID Abdul Momin Mian Chisti. The probe body has been asked to submit a report by 1 November with recommendations to stop recurrence of such incidents, says a police headquarters press release. It may be mentioned that on 27 October, the OC of Khilgaon Police Station was withdrawn following the allegation of the custodial death. The case was filed by Nurjahan Begum, the victim's mother, against OC Entejar Rahman and second officer SI Mahbub. - Ittefaq, 29 October.

Jail Killing Case resumes
The Jail Killing Case has resumed after an eight-month stay, with the prosecution submitting a petition seeking further adjournment of the hearing for four weeks. The High Court stayed all proceedings of the case on January 26 following a petition filed by the prosecution for holding the trial in the High Court instead of the lower court. The petition to hold the trial in the High Court was rejected by the court on August 25. The prosecution submitted the petition for adjournment on the grounds that they wished to file an appeal with the Supreme Court against the rejection order of August 25. However, the court rejected the petition for adjournment after the hearing and ordered the prosecution to proceed with the case with the three prosecution witnesses who had appeared before the court. The court also removed 12 state defense lawyers as they were absent from the court yesterday and appointed two new state defense lawyers to conduct the case in their place. It may be mentioned that National leaders Syed Nazrul Islam, Tajuddin Ahmed, AHM Quamruzzaman and M Mansur Ali were killed inside Dhaka Central Jail on November 3, 1975. Kazi Abdul Awal, the then deputy inspector general (prisons), filed a case with Lalbagh Police Station the following day. Accused KM Obaidur Rahman MP, Nurul Islam Manzoor, Shah Moazzem Hossain and Maj (retd) Khairuzzaman are now free on bail, while Taheruddin Thakur, Lt Col (dismissed) Syed Faruk Rahman, Lt Col (retd) Sultan Shahriar Rashid Khan and Maj (retd) Bazlul Huda are in custody. Accused Shariful Haq Dalim and 11 others have been absconding since the investigation into the case began. -Law Desk.

Death threat to kill Home Minister
The outlawed Purbo Banglar Communist Party (PBCP) has given death threat to none other than Home Minister Altaf Hossain Chowdhury, his family and relatives. The M-L faction of the PBCP also threatened not to spare any minister, police officer, and bureaucrats along with their family members for torturing the families and well-wishers of the party. A hand written press release was faxed to some local newspaper offices at 7:08pm on 17 October on behalf of the party's central committee. The release, which grilled Altaf for his recent comments on outlawed parties and deteriorating law and order in the country's northern region, was under signed by in-charge of PBCP's Khulna-Bagerhat region Tushar. The PBCP (M-L) warned of dire consequence if any action was taken against members of communist, 'revolutionary' parties and their families. -Bhorer Kagoj, 20 October

20 mobile courts to watch law and order
The government has set up 20 mobile courts and formed 40 teams of strike forces backed by 5,000 to 7,000 personnel to ensure law and order and public safety during Ramadan in Dhaka from. The courts will also take action against hoarders, adulterated food sellers, traders charging more prices than fixed by the government, muggers, robbers and other criminals. Each court headed by a class one official with magisterial power will have jurisdiction over one police station out of the 20 in the capital, except for Airport and Cantonment police stations. The strike forces will rush to any spot to cordon off criminals and take them to the mobile courts, which will act immediately against them. The courts were also empowered to take action against transport workers for claiming extra fare and all other law-breakers and to remove illegal installations. Police, paramilitary Bangladesh Rifles, Armed Police Battalion and the Rapid Action Team will be involved in the drive. -Jugantor, 28 October

7 cops suspended for negligence
Seven police personnel including a Habilder have been suspended in Kushtia and Thakurgaon for negligence in duty. Our Kushtia correspondent reported that four policemen including Habilder Fakar Uddin were suspended yesterday. The rest are constables Delwar Hossain, Shamsul Huda and Tanzinur Rahman. They were on duty at Kushtia General Hospital where alleged outlaw Yeanimn, accused in a murder case, was being treated under police custody. Yeanim was caught by people on October 21 at Harinarayanpur Bazar in the Sadar upazila and handed over to police after beating. But he escaped from the hospital. A BSS report from Thakurgaon said three constables of Ruhea police camp were suspended for negligence in duty during a dacoity in the area under Thakurgaon Sadar upazila. The suspended constables are Nazrul Islam, Farid and Rahman, police said. The dacoity was committed on Wednesday last near the police camp. - Daily Star, 28 October.

OC chargesheeted in rape case
The officer-in-charge of Jiban Nagar thana in Chuadanga has been chargesheeted in a cape case.
The investigating officer (1O) of the case submitted the charge sheet against Md Shah Alam under the Women and Children repression Prevention Act in a magistrate court here recently. Alam is now in custody and under suspension. Alam had raped a woman brought to his residence on 11September to work as a domestic help. The two woman -- Shahinoor Begum and Chotti Begum -- who took the woman to the OC's residence have also been chargesheeted. The OC was arrested on September 15 after the victim filed a case. -Prothom Alo, 26 October.

New labour law for tea sector in the making
Formulation of a comprehensive and updated labour law for the tea sector is underway to preserve rights of tea garden workers. This was disclosed on the concluding day of a two-day workshop of tea sector stakeholders, beneficiaries and government representatives on 24 October. The workshop, titled "ILO's Tea Sector Intervention in Bangladesh", was organized by ILO GENPROM (Gender Promotion) in collaboration with GENPROM-WEEH (Women's Empowerment through Employment and Health). It was said at the workshop that there were labour laws and policies, but their implementation to safeguard rights of workers, particularly those in tea sector, was not satisfactory. On the other hand, of the 48 labour laws in general, five were exclusively applicable for labourers in the tea sector, the workshop was told. As such, proper implementation and application of labour laws for tea garden workers was important, the speakers said. Moreover, out of 184 ILO conventions, only 33 have been ratified by Bangladesh. The speakers said tea garden workers were not getting their agreed upon salaries, pension and other benefits. Facilities for education, healthcare were insufficient and poor. Absence of sufficient education hinders labour migration from the tea sector while the sector can not absorb the increasing work force. There should be more jobs in the sector. But such a possibility is bleak as the export market is shrinking, rather than booming. Moreover, an educated work force is required for development of the sector, the speakers said. -Daily Star, 26 October.

2,000 acres land of armed forces grabbed
Encroachers have taken over 2,000 acres of land of the Armed Forces Board under the defense ministry. This information was revealed by a report of the ministry. Of the board's 3,000 acres in Gaibandha, Thakurgaon and Dinajpur districts, only 1,000 acres are controlled by it, said the report that came upon an instruction from the parliamentary standing committee on the defense ministry at its September 21 meeting. Frustrated at the finds of the report, the committee asked the ministry to form a committee to recover the lost land. It was also revealed that a large chunk of land belonging to army has also fallen to grabbers' hands. -Daily Star, 20 October.

Hearing on frigate case adjourned
A Dhaka court has adjourned till 05 November the hearing on the framing of charge against former prime minister Sheikh Hasina and five other accused in the frigate purchase graft case. Judge Rezaul Karim Khan of the Special Court for Dhaka Division ordered the adjournment following a time petition by Hasina. In the petition, lawyers for Hasina stated a criminal revision was filed with the High Court for quashment of the case and hearing on it will be held shortly. So, they prayed for adjournment of the hearing on the charge-framing. A petition for adjournment of the hearing was also filed with the special court yesterday by another accused, Abdul Awal Mintoo, president of the Federation of Bangladesh Chambers of Commerce and Industry. The court heard both petitions and granted the adjournment. -Daily Star, 21 October.