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

November 28, 2004 

Prothom Alo, Bhorer Kagoj to contest contempt case
The High Court fixed December 11 for the next hearing of a contempt case against two leading Bangla dailies for running reports on an additional HC judge's alleged tampering with the results of his LLB examinations.

All the seven respondents of the case appeared at the HC bench of justices MA Matin and AFM Abdur Rahman on the first day of hearing of the contempt petition. The court had asked the seven respondents to appear before it for hearing after Additional HC Judge Justice Faisal Mahmud Faizee's father Mohammed Faiz filed the contempt petition on November 8. Justice Matin, however, warned the lawyers of the consequences of contesting the contempt rule issued on the respondents. "The case is no longer confined to the contempt petitioner. The reports led to such a situation happened never before. That's why the judges felt aggrieved and the rule was issued…now we're the prosecutors," he told them.The lawyer argued that since the complainant is the father of a judge and the case involves a judge and has to do with the freedom of press, it should be dealt carefully.-The Daily Star, November 25.

Charge-framing hearing against Tarique
A Dhaka court fixed January 10 for hearing on charge-framing against Tarique Rahman, son of former president Ziaur Rahman and director of Dandy Dyeing Limited and four others in a graft case. Judge Mohammad Rezaul Karim Khan of the Special Court for Dhaka Division adjourned the hearing scheduled to be held, following a time petition by the lawyers of the accused Tarique Rahman.

The Bureau of Anti-Corruption (Bac) filed a case with Motijheel Police Station accusing Tarique Rahman and four others on September 14, 1996 and the investigation officer pressed charges against them on May 22, 1997. In the case, it was alleged that in the name of M/s Dandy Dyeing Ltd. the accused sought loan of Tk 15.30 crore for setting up a textile dyeing factory on February 15, 1993. But the equity was fixed at Tk 1 crore only instead of Tk 5.60 crore, the amount proportionate to the loan, in collusion with the bank authorities. Moreover, the value of the mortgaged land was shown to be worth Tk 18 lakh, whereas the real value is Tk 1 lakh and 20 thousand only. The Daily Star, November 24.

Commission against graft
The newly formed Anti-Corruption Commission (ACC) vows to start a 'jihad' against the all-pervading graft and bring about significant improvements in the country's grim corruption scenario in a month. The Commission, however, believes corruption cannot be eliminated from the country. "It would not be possible to root out corruption totally, but it can be reduced to a great extent," ACC Chairman Justice Sultan Hossain Khan said.

"And you will see significant changes in the combat against corruption within a month," the former High Court judge said in an interview with The Daily Star at his residence, half an hour before the Commission officially started functioning. The ACC chairman, however, did not elaborate on the three-member Commission's strategy to make such remarkable changes in such a short period of time. Denying flatly their political affiliation with the BNP-led ruling coalition, the Commission members said they would prove their neutrality through their work.

"We'll remove our bad reputation as the most corrupt country," he said mentioning that corruption blocks foreign grants and other facilities. "We'll bring changes like that brought by Rab (Rapid Action Battalion)," former Bac director (Admin) Lt Col (Retd) MA Hannan Mridha, said. - The Daily star, November 24.

Murder accused assaults Barisal judge
A judge was assaulted during trial by an accused in a murder and abduction case in Patuakhali.

Ershad Ali, a ferry boatman of Galachipa upazila, hurled his shoe at Judge Md Abdul Majid of the Women and Children Repression Prevention Tribunal, Patuakhali. He was accused of murdering a woman and kidnapping a child. Judge Majid immediately gave him four month's rigorous imprisonment and fined Tk 1,000 on charge of contempt of court. He will have to serve one more month of RI if he failed to pay the fine.

Witnesses and court sources said Ershad had obtained bail in the case from another court and appeared before the tribunal to confirm it. But the judge cancelled the bail and sent him to jail. Enraged, Ershad hurled a shoe at the judge that hit in his chest. The judge adjourned the court, filed a case against the accused and gave the verdict on the spot after a brief summary trial. Ershad confessed to his misdeed and said he lost temper after cancellation of his bail, fearing his family would starve since he is the only earning member. - The Daily star, November 23.

Anticorruption body formed
The government formed a three-member Anti-Corruption Commission with Justice Sultan Hossain Khan, a former High Court judge, as its chairman. With the formation of the much-awaited independent antigraft watchdog, an election pledge of the three-year-old BNP-led coalition, the government also dissolved the Bureau of Anti Corruption (Bac) under the Anti-Corruption Commission Act, 2004.

The abolishment of Bac has brought uncertainty over the job of some 950 Bac employees. The Commission has the mandate to absorb some of the Bac staff into the newly formed body while it will be left to the government to decide whether the remaining employees will be assimilated into other departments.

Justice Sultan, now nearly 80 years old, is also a former chief election commissioner (CEC). He served as chairman of Bangladesh Press Council for six years. Sultan also headed a probe body to investigate the 2002 Mymensingh cinema blasts and filed an investigation report that triggered controversy.

The Commission will also be able to ask any person to furnish with any information relating to investigation or inquiry and the person concerned will be bound to give that information. - Daily Ittefaq, November 22.