Law
week
Women
reserved seats In Js HC clears way for election
The High Court upheld the 14th amendment to the constitution
providing for 45 reserved seats for women in parliament
and the law for their indirect election.
Discharging three writ petitions that challenged validity
of the provision, a High Court division bench termed the
amendment "not unconstitutional," clearing the
way for holding the election to the reserved seats in
time. The petitioners said they would move the Appellate
Division against the verdict. "We will continue our
legal battle," said Farida Akhter, one of the petitioners.
Parliament passed the 14th amendment in May last year,
enacted the law for holding indirect election on November
29 and gazetted it on December 8.
But the election could not be held within the stipulated
period (90 days from enactment of the law) because of
a High Court stay order following three public interest
litigation writ petitions filed by 13 women rights groups
and individuals.
The court observed that in the Ahmed Hossain case (that
challenged the 10th amendment provisions of women's reserved
seats), the Appellate Division had said that indirect
election cannot be called undemocratic and it has sanctions
of the constitution itself.
The 14th amendment does not go against the basic structure
of the constitution, the court observed. Sigma Huda, a
counsel for the petitioners, told reporters after the
judgement: "The Supreme Court's guidelines act as
bindings on the High Court. The High Court cannot deviate
from such guidelines." Dr Kamal Hossain, Dr M Zahir,
Tania Amir and M Asaduzzaman also appeared for the petitioners.
- The Daily Star,
May 31.
SCBA
turns to president, PM over Faizee
Supreme Court Bar Association (SCBA) sought intervention
of the president and the prime minister for resolving
the raging controversy over the LLB certificate and age
of Additional High Court Judge Faisal Mahmud Faizee.
The SCBA sent a letter to the president, the prime minister,
the chief justice and the law minister where it urged
them to take immediate steps to put an end to the controversy
and thrash out problems arising out of it.
The letter did not, however, refer to the resolution of
the issue by the Supreme Judicial Council, the lone authority
to investigate allegations against a sitting judge.
"An uneasy and delicate situation is prevailing across
the country as well as in the sphere of the judiciary
due to the controversy over Faizee's certificate and age,"
reads the letter signed by the secretary.
Faizee did not have the original LLB certificate while
he took oath as judge, the letter said, adding although
the Chittagong University issued a provisional LLB certificate,
its syndicate decided later against issuing the original
certificate because of the flaw in the marks-sheet.
In October last year, national dailies Prothom Alo and
Bhorer Kagoj ran reports that results of law graduation
examinations of Faizee were tampered with, prompting the
SCBA to boycott Faizee's court. - The
Daily Star, May 31.
New
rules to try Rab offenders Maximum penalty life term
The government has framed new rules making provisions
for trial of the Rapid Action Battalion (Rab) members
for their crimes under three trial processes--Special
Court, Summary Court and Departmental Proceedings.
"We hope that the newly framed rules and regulations
developed in line with the Armed Police Battalion (APBn)
Act will come into force within a month," said State
Minister for Home Affairs Lutfozzaman Babar after meeting
with Rab high officials at his ministry.
The Special Court headed by an additional inspector general
of police and comprising another person having the status
of a police superintendent will have the power to award
a minimum of seven years to the maximum of lifetime imprisonment.
A deputy inspector general of police will head the Summary
Court which will comprise another person holding the post
equivalent to a police superintendent. The Summary Court
will have the power to award delinquent Rab personnel
up to three years' imprisonment. - UNB,
May 30.
Attorney
general at odds with lawyers
Bangladesh Bar Council has engaged in a rift with the
attorney general, who is the council's ex-officio chairman,
over holding an emergency meeting on lawyers' rights and
privileges following a court ban on their agitation.
The dispute has forced the council, the statutory body
of lawyers, to go for holding a "requisition meeting"
this month, for the first time in its history, in the
face of repeated resistance from the attorney general
since late last month.
The elected council members wanted to hold an emergency
meeting following the recent High Court ban on lawyers'
agitation but the newly appointed Attorney General from
(AG) AJ Mohammad Ali refused to authorise the meeting.
The rift developed in the council that represents 28,000
lawyers across the country, against the backdrop of the
lawyers' continuous agitation for removal of controversial
Additional High Court Judge Faisal Mahmud Faizee.- The
Daily Star, June 3.
Corresponding
with the Law Desk
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