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December 19, 2004 

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Judicial Independence
SC asks for names behind the distortion of draft rules
Lawyer for the government officials facing contempt charges for distorting the Supreme Court (SC) orders concerning the independence of the judiciary told the court.

The resolution had suggested changes in the Supreme Court's proposed new draft rules regarding the service of judicial officers, which the court had considered necessary to ensure independence of the judiciary. It was this resolution that had been the subject of the contempt proceedings against the government officials.

Advocate TH Khan, the counsel for the seven officials, told the court that immediately after it had rebuked the officials, seven of the nine officials from the establishment and finance ministries held a meeting and decided that their resolution of November 1 stood cancelled. He also told the court that the rules, without the contentious resolution, had now been sent to the Prime Minister's Office (PMO) for the president's approval.

The court however was not satisfied and asked the bureaucrats to inform it of the names of those responsible for ordering that such a resolution should be passed on November 1 in the first place. The full court of the Appellate Division of the Supreme Court headed by Chief Justice Syed JR Mudassir Husain directed TH Khan to submit the names through an affidavit.The nine government officials appeared in person at court and sought an unconditional apology. The Daily Star, December 13.


Govt orders why law on women's JS seats not illegal
The High Court (HC) asked the government to explain in two weeks why the law providing for election to women's reserved seats in parliament should not be declared unconstitutional. Issuing the rule upon a writ petition filed by 13 women leaders challenging the process of distribution of 45 reserved seats for women among the parties in parliament, the court kept 'stand over' the plea for stay of operation of the law passed by parliament last month. Moving the petition, Dr M Zahir pointed to the provision of the law that says none could contest without being a member of political party or alliance. This negates the constitution that guarantees any eligible voter could contest elections.

It is prejudicial for women community, which has been fighting for direct election to the reserved seats. Advocate Sigma Huda, one of the petitioners, pressed for stay of operation of the law. UNB, December 15.

Ashraful Huda new IGP and IGP Shahudul removed
The government appointed Dhaka Metropolitan Police (DMP) Commissioner Ashraful Huda as the new inspector general of police (IGP). Ashraful replaced Shahudul Haque, whom the government had removed from service with effect from December 7, the day he was convicted for contempt of court by the Supreme Court. Ashraful has been appointed on contract, which will expire in April next year.

BSS quoting an establishment ministry notification said the president has exempted Shahudul Haque from the purview of Section 3 of Public Servants (Dismissal on Conviction) Ordinance, 1985. The High Court convicted Shahudul following a suo moto (contempt) rule on January 27, this year, which was later upheld by the Appellate Division of the Supreme Court on December 7.

The government removed Inspector General of Police (IGP) Shahudul Haque from office after his conviction for contempt of court.

Shahudul, who flew in Dhaka from France after a weeklong overseas trip, was told at Zia International Airport not to go to his office, sources said. No flag car went to receive him at the airport and he was provided with no protocol. A police car drove him to his government house at Minto Road. Officials at the home ministry said Shahudul was handed a law ministry notification that said he stood dismissed from the day of his conviction. He later tried to meet State Minister for Home Lutfozzaman Babar, but was refused a meeting, the sources added. Prothom Alo, December 16.

Rab to get devices to tap telephones
The government is buying the Rapid Action Battalion (Rab) cellular and land phone interceptors to enable the elite anticrime force to listen in on telephone conversations in a blatant violation of the existing law. Highly placed sources said as part of a plan to upgrade the force.

The mobile phone interceptor, which will be installed at the Rab Headquarters, can store as many as 1,000 target-based phone numbers and is capable of recording conversations of 120 cellular phones at a time. Sources said two leading intelligence agencies in Bangladesh have long been covertly using such interceptors. Britain also amended the relevant law after the 9/11. "We are unable to track criminals before and after any violence because of a lack of such equipment," said another high official of the home ministry. The device will also be capable of intercepting calls from abroad. The Daily Star, December 16.

ACC staff selection gets delayed over legal tangle
Unfinished legal formalities are delaying staff selection for the Anti-Corruption Commission (ACC). At the end of the last week, it was found that the two committees formed to screen employees of the now-defunct Bureau of Anti-Corruption (Bac) are not legally mandated to select staff members for the ACC, sources said.

The ACC had hurriedly formed the committees without looking into the legal aspects, the sources added. The committees were to submit reports to the commission by December 12, but they failed to do so because of the legal barriers.

Referring to the Anti-Corruption Commission Act, an official said the ACC will have to formulate a rule under which these committees will screen the Bac employees. The rule will need the president's approval for enforcement. The Daily Star, December 16

Unabated deer poaching in the Sundarbans
Deer poaching in Sundarbans, the world's largest mangrove forest, is going on unabated, violating law. A large number of spotted deer were killed in the last two months, sources said. On December 11, a team of officials from Kobadak Forest Station recovered a slaughtered deer from a boat in Palkati area of the forest. On December 10, local people caught two alleged deer poachers --Samir Gazi and Shahbaz-- from Parshemari ferry terminal area in Shyamnagar along with three slaughtered deer. They were handed over to Forest Officer.

Local people later alleged that the forest officials released the poachers along with their prey after taking bribe. The incident created resentment in the area. The Daily star, December 16.

Daughters to get equal property rights in India
India's cabinet has approved proposed legislation to give daughters the same rights as sons to inherit ancestral property. The legislation, long sought by women's rights groups, would amend the 1956 Hindu Succession Act. It must be approved by parliament before it becomes law. At present daughters and sons have equal rights in the case of property bought by their father but not in the case of property inherited by their father. The cabinet gave its nod to the legislation on December 15th. AFP,New Delhi, December 17.





     
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