Law
week
Sunamganj-3 By-polls
The High Court (HC) directive for the Election Commission (EC) to collect personal details of the candidates aspiring to parliament has not been followed properly in the upcoming Sunamganj-3 by-election, speakers told a discussion in the city. The EC has failed to implement the HC directive of gathering information on the candidates' academic qualifications, source of income, description of assets and liabilities, Professor Muzaffer Ahmed told addressing the discussion arranged at the Jatiya Press Club by Shujan, a coalition dedicated to promoting good governance.
"Sunamganj by-election is very crucial as it is going to be the first election after the issuance of High Court directive," he said adding that it is a test case ahead of the next general election. The HC on May 24 this year issued the order. Professor Ahmed said the directive is not mandatory for the EC, but the election order of 1973 empowers the RO to cancel the nomination papers of those who would submit incomplete information. -The Daily Star, July 10.
Writ Against CJ Ex-judge allowed to file petition
A former additional High Court (HC) judge was allowed to file an application to the Supreme Court (SC) for restitution of his original writ petition that accused the chief justice (CJ) of violating the constitution and his oath to office.
Abdus Salam Mamun, the former judge, on Wednesday moved to swear an affidavit of his application but the affidavit commissioners refused to entertain his plea. Finally, he got the permission through High Court's intervention. In the original writ petition filed on April 9, Mamun accused the CJ of violating the constitution and the oath of office by not confirming him as a permanent judge of the HC. He also sought a rule upon the CJ "to show cause under what authority he was holding the office of the chief justice of Bangladesh and why it shall not be declared that the office of the chief justice of Bangladesh has become vacant upon his disqualification." On April 17, the High Court rejected his plea and observed that the president is the authority to initiate proceedings against a judge for the removal and act on the information received from the Supreme Judicial Council or from any other sources that include any petition or representation. -Prothom Alo, July 10.
Govt to enact law for HC judge recruitment
The government is going to introduce a law determining the criteria for appointment of judges to the High Court (HC) to bring more competent and experienced people in the judiciary. Currently, one having at least 10 years' experience in the legal practice and service can be an HC judge. The existing rules enable many less qualified people to get the job, experts say.
Fifty-five judges were recruited in the last three and a half years. The appointment of many of them sparked criticism as they were reportedly recruited on political considerations. Commenting on the new judges, eminent jurist Dr Kamal Hossain once observed that there are people among them who cannot even write a single sentence correctly in English.
Not only the appointment and qualification, the confirmation of judges has also become an issue of debate. The four-party government did not confirm 15 additional judges of the High Court who were appointed during the previous Awami League rule. The debate over the judges' appointment brewed a few years ago is going on. Protests and agitation have now become a regular phenomenon on the court premises. Alarmed at the situation, the government is considering working out a way to rid the judiciary of criticism and determine the criteria for appointment of the HC judges. -The Daily Star, July 11.
PM urges AL to place demand in JS
Prime Minister Khaleda Zia urged the Awami League (AL) to place its demand for reforms of the caretaker government system in the House where it will be discussed, if necessary.
Winding up the budget session, Khaleda blasted the AL for demanding such reforms and said the opposition's activities are a conspiracy to create anarchy and tarnish the image of the country.
The prime minister also told the House although prices of essentials have not increased, some newspapers are reporting on the issue 'for nothing'. "They (the AL) want a caretaker government that will be of the Awami League, by the Awami League and for the Awami League," she maintained. "The caretaker government is neutral only when the Awami League wins the election," Khaleda said and bitterly criticised the AL for 'conspiring to destabilise the government'. The prime minister said: "Nothing will happen by their bringing out processions from the House with black flags. You will not be able to get public attention through such programmes." -The Daily Star, July 11.
Cops gun down 6 'robbers' in city
Police gunned down six alleged robbers at Kazipara and Lalmatia in the capital. Three of the robbers were killed when police opened fire on them at Kazipara while three others died what police claimed in a shootout with them at Lalmatia. Six people including two policemen were injured in the incidents. The Lalmatia incident appears shrouded in mystery as the police claimed that the slain youths were robbers and were killed during a 'shootout'. Witnesses said they found the three in handcuffs, and one of them was begging the plain-clothes law enforcers for life. "At around 8:30pm, someone knocked at our house and asked whether the house owner is Hashem. Minuets after, on hearing sounds of some people talking, I opened a window and saw three youths in handcuffs," said Rina Begum, one of the tenants. She said she heard around 15 to 20 gunshots after she had closed the window. Police said a joint team of police and Rapid Action Battalion (Rab) yesterday took position in Lalmatia after robbery attempt failed in the area Monday night. Police recovered one pistol, one revolver, three bullets and two knives from the spot.. -The Daily Star, July13.
3 cops closed for releasing criminal for Tk 1 lakh
Three policemen were suspended and closed to Boyra Police Lines on Monday on charge of releasing 'Bomaru' Faruque, a listed criminal, from Khalishpur Police Station on July 8 receiving Tk 1 lakh bribe. The suspended cops are Assistant Sub-Inspector (ASI) Ataur Rahman and constables Matin Howlader and Abdul Matin. Faruque, a cadre of Janajuddha faction of Purba Banglar Communist Party (PBCP), was arrested on July 8 at Khalishpur. But the police kept him in the female lock-up in Khalishpur Police Station without filing a general diary about the arrest.
Officer-in-Charge of the police station was not informed about the arrest of such a notorious criminal. When asked, the OC admitted that Faruque was set free without his knowledge. "But I do not know if they (policemen) received bribe," he said. Police said they have launched a drive to re-arrest Faruque who is wanted in several bomb attack cases filed with different police stations in Khulna city and district. -The Daily Star, July13.
At least 14 killed by Rab had no criminal records
At least 14 innocent people were killed in the custody of Rapid Action Battalion (Rab) and police either in "crossfire" or from torture by the law-enforcers since the beginning of an extra-judicial killing spree in June last year. These killings were not linked to anticrime measures as the victims did not have criminal records. Such extra-judicial killings sparked widespread grievances and protests among people and human rights bodies. In all 14 cases the victims' relatives and neighbours said they were killed intentionally for vested interest or someone might have used the law enforcement agencies to take revenge on them. In some cases, misleading information furnished to the law-enforcers had led to the killings, they said. After every incident the police and Rab tried desperately to establish the victims as "infamous criminals" and implicated them in cases which were found to be false in investigations by newspapers and rights organisations. These investigations have revealed that these 14 innocent people were arrested and then killed in the Rab or police custody. The deputy commissioner, district magistrate, additional district magistrate, superintendent of police (SP) or additional SP has carried out executive enquiry in all but one "shootout" incidents. However, none of the enquiries found that anybody was killed intentionally in the incidents.-The Daily Star, July15.
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