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December 5, 2004 

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Govt asked why Rab not be run as per law
The High Court (HC) in a rule asked the government to explain in four weeks why it should not be directed to operate elite anticrime force Rapid Action Battalion (Rab) within the bounds of the law. The HC Division Bench of Justice Shah Abu Nayeem Muminur Rahman and Justice Mainul Islam Chowdhury issued the rule in the wake of a public interest litigation filed in the High Court on October 25 that challenged the constitution of Rab and sought an injunction against its operations.

Law, home and Cabinet Division secretaries and the additional inspector general of police, who is in charge of Rab, have been asked to reply to the court rule. Senior Supreme Court lawyers Raziur Rahman Chowdhury and Sheikh Golam Hafiz filed the petition that termed the law leading to the formation of the crime-busting force contradictory to the constitution. Over 50 people have so far been killed in Rab custody and 'crossfire'. The Daily Star, November 29.

HR workers against indemnity to law enforcers
Local and international rights activists called for nullifying the impunity provision from the constitution as they found it a fundamental obstacle to the promotion and implementation of human rights of the citizens. The promulgation of laws to indemnify the law enforcers and other persons is "denial of fundamental rights and broadening path of discrimination, torture and inhuman treatment" which thereby encourages and facilitates many other forms of impunity, they observed at a national conference on human rights. The provision is also contradictory to many provisions of international human rights instruments and part III of the Bangladesh constitution comprising Articles 26 to 47A that define and protect fundamental rights of the citizens, the conference was told.

Their observations came from the concluding session of the two-day national conference on "Institutional Protection of Human Rights: Role of Civil Society, NGOs and Media" at the IDB Bhaban in the capital. UNB, November 30.


Parliament passes bill on women reserved seats
The Jatiya Sangsad passed a bill for election to the 45 reserved seats for women in parliament on the basis of proportional representation of parties or alliances amid strong protest and a noisy walkout by the main opposition Awami League (AL) lawmakers.

The AL legislators and a lawmaker of Jatiya Party ( JP-Ershad) termed election to the reserved seats based on proportional representation as unconstitutional and a disgrace to the women community. Moudud introduced the Jatiya Sangsad (Reserved Women Seats) Election Bill, 2004, outlining a complex procedure of election to the reserved seats in accordance with proportional representation of a party or alliance in the House.

As per the new bill, there will be no constituency for the women's reserve seats. After the election to 300 general seats, the election to women's seats will take place, and the parties represented in parliament will nominate women members proportionately. -Daily Ittefaq, November 30.


Bureaucrats face contempt proceedings
The Supreme Court (SC) asked nine government officials why contempt proceedings should not be drawn against them for distorting the decisions of the court on separation of the judiciary. A full court of the Appellate Division headed by Chief Justice Syed JR Mudassir Husain also directed the officials to appear in person before court at 9:00am on December 11 to explain their position.

The order came after the attorney general, as asked by the court, explained why repeated time extensions were sought to implement a 12- point directive given by the court for separation of the judiciary way back in December 1999.

The court also questioned how the bureaucrats dared to disagree with the final drafts of the rules when these were awaiting final approval by the president. - Prothom Alo, November 30

Moudud rejects HR violation allegation
Law Minister Moudud Ahmed brushed aside the allegation of human rights violation by the Rapid Action Battalion (Rab), saying members of the elite force have 'right to defence' when under attack from gunmen. The Rab actions in recent times have nothing to do with the human rights issue, he maintained while taking questions from reporters at a routine press briefing at his office.

Some 60 people have so far been killed in 'crossfire' during Rab operations across the country in the last six months. Human-rights bodies have protested the deaths in Rab custody, although the police said most of the victims were wanted criminals.

On formation of the much-talked-about Human Rights Commission, the minister said a relevant law is waiting for cabinet clearance. He observed that mere formation of a commission will not help much to protect human rights unless other complimentary measures like prison reforms and amendments to the existing laws are carried out. - The Daily Star, December 1

Births, deaths must be recorded
Parliament passed a bill making registration of birth and death of Bangladeshi citizens mandatory. Local Government, Rural Development and Cooperatives Minister Abdul Mannan Bhuiyan piloted the "Birth and Death Registration Bill 2004" which was passed by voice vote rejecting the opposition's amendments.

With the passage of the bill, the Birth and Death Registration Act of 1873 was repealed totally, while the Birth, Death and Marriage Registration Act of 1886 partially.

Under the provision of the bill, birth certificates will have to be shown for passport, marriage registration and admission to an educational institution. Such certificates will also be needed for jobs in government, private or autonomous bodies, driving licenses, enrolment of names in the voter list and land registration. - UNB, Dhaka, December 1

SC lawyers decry extra- judicial killings
The pro-opposition lawyers of the Supreme Court lambasted what they said were extra-judicial killings in Rab (Rapid Action Battalion) 'crossfire' in recent times. They formed a human chain on the court premises under the banner of Sammilito Ainjibi Samannoy Parishad also to protest what they termed the government's procrastination in separating the judiciary from the executive and politicisation of the judiciary.

According to existing laws and the constitution, the extra-judicial killings in Rab 'crossfire' are culpable and tantamount to "a contempt of humanity," said former law minister Abdul Motin Khosru addressing the gathering. He demanded judicial probes into all the deaths in 'crossfire' while in Rab or police custody. - The Prothom Alo, December 2

Freedom fighters for ban on fatwa
Freedom fighters (FFs) at a rally in the capital yesterday demanded observance of 'Muktijoddha Dibas' (freedom fighters' day) at state level on December 1 every year in recognition of the FF's contribution to liberating the country.

Addressing the rally, the FFs demanded trial of war criminals, ban on communalism and fatwa, an end to repression on religious and ethnic minorities and reinstatement of four fundamental principles of the constitution of '72. - Prothom Alo, December 2









     
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