HC stays case against Haji Selim
The High Court on Sunday stayed for three months all proceedings in a murder case against former Awami League lawmaker. A High Court bench
of Justice Joynul Abedin and Justice Sharifuddin Chaklader also issued
a rule nisi on the government to show cause within three weeks why the
transfer of the case to the Speedy Trial Tribunal from the metropolitan
additional sessions' judge's court of Dhaka would not be declared to
have been done without lawful authority. It also asked the government
to explain why two sections of the Speedy Trial Tribunal Act empowering
the government to transfer cases to Speedy Trial Tribunals for trial
would not be declared illegal. Prothom Alo, 2nd August.
Kaptai
killing case
Police did not record any case in connection with the killing of Mong
Mong Marma at Boropara village in Kaptai, the victim's wife, Sui Aung
Crui, told a group of newsmen during a visit to her house. Male members
of the village inhabited mostly by Marma tribesmen are fleeing homes
as forest department officials filed a case against 300 villagers terming
them 'illegal loggers'. Twenty-five year old Mong Mong was killed when
army opened fire to quell clashes between forest department men and
illegal loggers in the village in a remote hilly area. Mong Mong was
not involved in the clashes, his wife and other villagers claimed. Daily
Star, 3rd August.
Prisoners
without trial HC asks govt to free them on bail
The High Court yesterday asked the government to free on bail thousands
of detainees languishing in jails without trial in violation of their
constitutional rights to get quick justice. It directed the attorney
general and the principal secretary to the prime minister to initiate
the process in this regard considering merits of the cases. "It
is very unfortunate and shocking as well," the court observed about
7,409 detainees in jails without trial for years. The verdict came following
a public interest litigation filed by Bangladesh Legal Aid and Services
Trust (BLAST) on December 24 last year on the basis of a news item 'Behind
bars sans trial for years' run by The Daily Star. The High Court division
bench comprising Justice Abdul Matin and Justice Tariq Ul Hakim also
asked the government to send juveniles, if any, to correction centres,
as they should not be tried with adults. Apart from the directives,
the court also asked the government to submit a report in six months
specifying initiatives to implement its earlier 8-point directive regarding
juvenile detainees. The directives include immediate transfer of 1,233
child prisoners from jails to correction centres and withdrawal of cases
against under-12 prisoners. Daily Star, 4th August.
Writ
of 10 terminated BB staffs dismissed
The High Court yesterday dismissed the writ petition filed by 10 terminated
officers and staff of Bangladesh Bank. The court discharged the rule
issued earlier with the observation that the petitioners are at liberty
to seek remedy in the Administrative Tribunal within four weeks from
the date of the order of this court. A division bench comprising Justice
Mohammad Abdul Matin and Justice Tariqul Hakim delivered the judgement
after hearing the writ petition. Bangladesh Bank terminated the services
of 10 officers and staff on October 30 last year for their alleged unlawful
activities within the premises of the head office of the central bank.
They challenged the termination order before the High Court. BSS,
4th August.
Book
piracy
Eminent writer Prof Humayun Azad yesterday filed a fraud case with the
Chief Metropolitan Magistrate's Court, Dhaka against a printing press
owner who pirated his novel 'Paksar Zamin Sadbad'. After a hearing,
Magistrate Emdadul Haq took the case into cognizance and issued a warrant
of arrest for Mohammad Iqbal Hossain, proprietor of MS Press at Sutrapur.
In his complaint, Prof Azad said the Agami Publisher published his novel
last year and it became instant best-seller. But few months later, some
scrupulous businessmen pirated his novel, which caused a great loss
to the writer and the publisher. Advocate Ayet Ali Patwary appeared
on behalf of the writer. Prothom Alo, 4th August.
Writ
petition challenging caretaker govt rejected
The High Court on Wednesday summarily dismissed a writ petition against
the provision of non-party caretaker administration during national
elections under the 13th amendment to the constitution. "The provision
of the caretaker government during national elections is a unique concept
and the amendment is an unprecedented legislation," observed the
three-member full bench of the court in its judgement. The court, however,
certified that the case involved a substantial question of law as to
the interpretation of the constitution, paving the way for the petitioner
to file an appeal with the Appellate Division without seeking a leave
to appeal.
"Experience
shows that political governments influence the state machinery to bring
the election results in their favour," the court observed in its
judgement as it detailed the historical background that led to introduction
of caretaker government during national elections. The full bench of
Justice Joynul Abedin, Justice Md Awlad Ali and Justice Mirza Hussain
Haider delivered the judgement in three days starting on July 28. "Democracy
is the basic feature of the constitution and free and fair election
is its heartbeat," said the court. New Age, 5th August.
HC
sets aside graft case against Nasim
The High Court on 4th August set aside a graft case against former home
and telecommunications Minister Mohammad Nasim MP.The Bureau of Anti-corruption
filed the case after his party Awami League had fallen from the power.
Nasim was accused of awarding contract to MK Bazlur Rahman of BTTB for
setting up a public handy set (PHS) telephone exchange in the city without
floating tender by abusing his official power and thus sustaining a
financial loss to the public exchequer. Division bench comprising Justice
Syed Mohammad Dastagir Husain and Justice AKM Fazlur Rahman delivered
the verdict after hearing both sides. The prosecution failed to satisfy
the court for continuation of the case pending in the lower court. New
Age, 5th August.
Camel
jockey: 3 get life for trafficking children
Two tribunals in Dhaka yesterday sentenced three people to life for
trafficking children to Dubai. Judge Special Tribunal for Prevention
of Women and Children Repression-3 sentenced a 55-year-old man to life
in jail for trafficking two children and a woman on August 17,1996.
The high commissions of the two countries concerned helped recover the
victims. In a separate case, Judge Kanis Akhter Nasrina Khanam of the
Special Tribunal for Prevention of Women and Children Repression-4 sentenced
two brothers to life imprisonment for trafficking a woman and her two
and a half-year-old baby boy. Daily Star., 6th August.
Verdict
in tax case against Ershad adjourned
A Dhaka court yesterday adjourned the judgment in the income tax corruption
case against former president HM Ershad. Judge Rezaul Karim Khan of
the Special Court for Dhaka Division adjourned the judgment following
a time petition filed by the defence. Earlier the defence counsel, filed
the time petition as a rationale behind that Ershad could not appear
before the court, as he was busy distributing relief in the flood-hit
areas. On hearing both the sides, the judge granted the adjournment
and fixed September 8 for delivery of the judgment. Ershad's counsellores
had also filed a criminal appeal with the High Court for transferring
the case to some other court. In the petition they stated that their
client would not get justice from the court. The High Court, however,
had directed the divisional court to dispose of the case. The Bureau
of Anti-corruption filed the corruption case accusing Ershad and three
tax officials on July 27, 1992. Daily Star, 6th August.
6
suspected extrimists charge sheeted
5 The Barguna police on Wednesday framed charge against six out of 33
accused Islamic extremists, arrested from Shialia mosque in Barguna
sadar upazila on June 30. Twenty-seven others were dropped from the
charge sheet and released by the upazila magistrate. Court sources said
sub-inspector Shahidul Islam filed the charge sheet as investigation
officer under section 448,342,379 and 301 of the CrPC. Shahidul also
prayed for acquittal of 27 others as no specific charges were found
against them. New Age, 6th August.
