Law
Week
Cabinet gives nod to procurement law
The cabinet passed the draft of much-talked about Public Procurement Act, 2006 without keeping any clear-cut provision for punishment in case of violating the law. In the draft, a drastic change has been brought about regarding the review panel. An option has been kept to make public purchase in the interest of the people while a scope for government intervention is also there in the name of resolving complications. However, some negative features have been removed. The lottery provision has been omitted, negotiation has largely been cancelled, and the option of purchase in phases has also been obliterated.
The revised draft says if an officer commits any irregularities he will be charged under the Government Servants (Discipline and Appeal) Rules, 1985 and departmental actions will be taken against him. Again if an officer is found involved in corruption in any stage of a public purchase such as process of the purchase deal and its implementation, criminal proceedings will be brought against him. Sources said in most countries the public procurement law specifically spells out jail terms or penalty in case of corruption or violation of the law by an official, but nothing of that sort is there in this bill. -The Daily Star, February 21.
Jhalakathi Judges Killing Rahman, Bangla Bhai get 40 years
A trial court here sentenced top Jama'atul Mujahideen Bangladesh (JMB) leaders Abdur Rahman, Bangla Bhai, Molla Omar and Amzad alias Khalid Saifullah to 40 years' rigorous imprisonment for abetting and plotting the killing of two judges in Jhalakathi. In the first judgement against the four absconding top leaders of the banned Islamist militant outfit, the court jailed them in a case filed under the Explosive Substances Act. Charge sheet in the murder case filed after the gruesome killings is yet to be submitted. The CID is investigating it. The Barisal Divisional Speedy Trial Tribunal acquitted another accused, Sultan who was is in jail custody and was brought to the court, giving him benefit of doubt. Judge of the tribunal M A Matin ordered his immediate release if not wanted in any other case. The judgement said the painful incident might not have happened if Mannan would not allow the assassin Mamun, who was in the guise of a stranger, to meet the judges without any obstacles. -Prothom Alo, February 21.
Cabinet okays bill to amend CrPC
The cabinet approved a bill seeking amendment to the Criminal Procedure Code (CrPC), 1898 in a bid to separate the judiciary from the executive. The cabinet at a meeting chaired by Prime Minister Khaleda Zia approved the bill. "Passing the bill is going to be the biggest development towards separation of the judiciary from the executive," Law Minister Moudud Ahmed told reporters. The bill requires the president's recommendation since it involves creation of judicial magistrates. Once the law is passed in parliament, the president will have to promulgate two rules under the articles 115 and 133 of the constitution regarding appointment, transfer, job discipline of the magistrates before the law comes into effect. The proposed bill has divided the magistrates into two groups, judicial and executive. Judicial magistrates will have no administrative business and they will be under the authority of the Supreme Court. Executive magistrates will not take part in any judicial activities. They will however be authorised to issue executive orders such as declaration of section 144, and issuance of orders to use force in cases of deterioration of law and order along with carrying out other administrative jobs. -The Daily Star, February 21.
Defamation Case Prothom Alo editor, publisher get bail
A Dhaka court granted bail to the editor of the Prothom Alo and its publisher in a defamation case filed by Public Works Minister Mirza Abbas. The daily's Editor Matiur Rahman and Publisher Mahfuz Anam along with their lawyers appeared before the Chief Metropolitan Magistrate's (CMM) Court and prayed for bail. After the hearing, Metropolitan Magistrate Mizanur Rahman granted them bail upon a bond of Tk 5,000 with two guarantors. Moving the bail petition, their counsels told the court that the case was filed as part of conspiracy to harass them. Moreover, the charges brought in the complaint against the two were baseless and concocted, the counsels added. Advocates Syed Ahmed Gazi, Mahbubul Haq, Anwarul Kabir Babul, Ashraf Ul Alam, Prosanta Kumer Karmaker, Shahidullah Miah and Chaitanya Chandra Halder appeared for the editor and the publisher. The minister filed the case against the two on February 2 for running a news item on January 5. -The Daily Star, February 21.
Crowley says minority rights must be protected
US Congressman Joseph Crowley said the Bangladesh government must protect the rights of the minorities to uphold democracy in the country. "In the homework of democracy, the duty of the majority is to protect the minorities' rights," he told journalists after a meeting with Ahmadiyya leaders at Bakshibazar in the city. Joseph F Crowley, co-chair of congressional Bangladeshi Caucus who arrived in Dhaka, also held a meeting with the Bangladesh Hindu Bouddha Christian Oikya Parishad (BHBCOP) leaders and Mahanagar Sarbojaneen Puja Committee at the Dhakeswari National Temple. Earlier, Crowley placed wreath at the Central Shaheed Minar on the occasion of International Mother Language Day. He appreciated the religious harmony and practice of democracy in Bangladesh, but said the government should take appropriate measures on the allegations of the minority communities in Bangladesh. -The Daily Star, February 22.
Judiciary Separation Hearing on contempt rule
Hearing on the contempt rule against nine bureaucrats on charge of distorting the judgment of the judiciary separation case will be held in the full court of the Appellate Division of the Supreme Court today with Chief Justice Syed JR Mudassir Husain in the chair. The accused government officials will have to appear in person before the Appellate Division since the apex court did not exempt them from the contempt charge and personal appearance before the court. On February 1, the Appellate Division adjourned until February 22 the hearing on the contempt rule issued by the Supreme Court against nine bureaucrats on charge of distorting the judgment of the judiciary separation case. -BD News, February 22.
Hasina for clear govt stance on electoral reforms
Leader of the Opposition Sheikh Hasina asked the prime minister to come up with a clear stand if her government would accept the opposition's proposed reforms in the caretaker government system and the Election Commission (EC). "If the prime minister does not accept our reform proposals, the people know how to get those implemented," said Hasina, also president of the main opposition Awami League. She was speaking while welcoming some new entrants to her party at her Dhanmondi office in the capital. Former additional secretary Shamsul Islam, Barrister Maksudul Islam, former deputy secretary Aminur Rahman and industrialist Tanvir Chowdhury Sagor joined the AL.The former prime minister, who placed the reform proposals in parliament on February12, reiterated that the BNP-led coalition government is manipulating the voter list to rig the next general election. The AL chief asked her party leaders and activists to resist 'vote thieves' in every village, union, upazila and district. -- The Daily Star, February 24.
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