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“All Citizens are Equal before Law and are Entitled to Equal Protection of Law”-Article 27 of the Constitution of the People’s Republic of Bangladesh



Issue No: 238
May 20, 2006

This week's issue:
Law Opinion
Human Rights Analysis
UN Reform
For Your Information
Law News
Human Rights Advocacy
Law Week



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Law Week

HC asks govt to explain Sadequee's deportation
The High Court (HC) issued a rule on the government to explain within two weeks why the arrest, detention and deportation of Bangladeshi origin US citizen Ehsanul Islam Sadequee to the United States would not be declared illegal. The court also issued the rule to show cause why the authorities concerned of the government should not be directed to produce Sadequee before the High Court bench. Following two writ petitions, one filed by Sadequee's wife Happy and another by Supreme Court advocate MK Hasan as Public Interest Litigation (PIL), a HC division bench issued the rule. Sadequee's wife filed the petition challenging the legality of her husband's arrest and handing over to US investigation department, the FBI. Twelve respondents in the petition of Sadequee's wife include home secretary, foreign secretary, law secretary, defence secretary, inspector general of police (IGP) and chief of army staff, and six respondents in the other petition are home secretary, foreign secretary, IGP, deputy commissioner (DC) of police (North Zone), DC of the Detective Branch (DB) and the FBI, Washington DC. Senior advocate TH Khan moved for petition of Sadequee's wife while Barrister Abdur Razzak moved for the other petitioner. Sadequee, a 19-year-old Bangladeshi origin US citizen, was arrested on April 17 from Dhaka and was secretly taken back to the USA in a special flight on April 20. He faces a charge of planning terrorist attack in the USA. --The Daily Star, May 16.

Heroin Smuggling
BD Foods chairman remanded for 7 days

BD Foods Limited chairman Badruddoza Chowdhury Momen detained on charges of smuggling 22.5-kg heroin to the UK was placed on a seven-day remand. Badruddoza, named as the mastermind behind the drug trafficking in confessional statements of two other accused, was produced before Chief Metropolitan Magistrate's Court, Dhaka amid tight security. The Criminal Investigation Department (CID) of police petitioned for him to be remanded for 10 days. In a helmet and a bulletproof vest, he looked appalled during his appearance at the court. Police arrested the BD Foods boss after Nazmul Haider Bhuiyan Bulbul, a former official of the company, and Mokhlesur Rahman Nayon, a cargo handler, had confessed to a magistrate that they had carried out the smuggling on orders from the top authorities of BD Foods. Sources said the CID-led five-member team probing the smuggling grilled him briefly at the CID office yesterday, but could not elicit any significant information from him. CID Inspector Nurul Islam, the investigation officer (IO) of the case, also told the court that Nazmul, Mokhlesur, and some others had trafficked 75.5kg heroin to the UK last year in two consignments of foodstuffs, handicrafts and floor tiles. --The Daily Star, May 16.

Corrupt power sector hindering growth
Bangladesh's power sector is in a very bad shape due to rampant corruption, which is badly affecting private sector growth and investment climate, the World Bank has observed. The WB officials warned that the country's future growth might slow down if the problems in the power sector could not be resolved urgently. Their observations came at the launching of the WB's new Country Assistance Strategy (CAS) for Bangladesh to the media at a local hotel. The WB officials also said the Anti-Corruption Commission (ACC) of Bangladesh has proved to be a joke as it has failed to function as an effective institution. "We, donors, are prepared to make necessary investment in the power sector, but the problem is the sector is very badly affected by corruption, specially in the procurement in installing power plants," Praful C Patel, WB vice president for the South Asia Region, said. The WB, which has taken a tough stance on governance and corruption, said its future assistance will depend on the improvement of governance that includes reducing corruption. --Prothom Alo, May 16.

HC stays all proceedings of Kibria killing case
The High Court (HC) yesterday stayed all proceedings of the Kibria killing case now pending at the Sylhet Divisional Speedy Trial Tribunal. The stay order came in response to a petition filed by complainant of the murder case Habiganj Awami League (AL) leader Abdul Majid khan. Moved by Dr Kamal Hossain, the petition challenged the Sylhet Divisional Speedy Trial Tribunal's rejection of a prayer for a further investigation into the case earlier this month. The HC bench also ordered the government to explain within two weeks as to why the ruling of the Speedy Trial Tribunal, Sylhet should not be declared illegal and without lawful authority. Proceedings of the case will remain stayed until the rule is disposed of. Earlier on May 4, the tribunal judge 'adjourned' the trial of the case for 10 days as the complainant prayed for four weeks' time to appeal the rejection of his prayer seeking further investigation. The court the same day also rejected the complainant's prayer for further investigation that was filed on May 3. Former finance minister and AL leader SAMS Kibria was killed in a grenade attack at Baidderbazar in Habiganj after a party rally on January 27, 2005. --The Daily Star, May 15.

Nasreen's murder was pre-planned, says CID IO
The killing of ActionAid country director Nasreen Perveen Huq was a 'pre-planned' one, the CID officer investigating the case remarked before taking her driver on a fresh three-day remand. Assistant Superintendent Arman Ali of the Criminal Investigation Department (CID) took the charge of investigating the case and sought fresh remand for Zakir Hossain, Nasreen's driver. "He needs to be quizzed more," he argued in his petition to a Dhaka court. Earlier, Nasreen's husband Nurul Islam Bhuiyan Chhoton filed a supplementary complaint with Dhanmondi Police Station, stating he suspects ActionAid employees might be involved in the killing. Nurul Islam and Nasreen's sister Shirin Huq told the press they became suspicious as ActionAid neither took any action against Zakir nor did it hand him over to the police. In reaction, ActionAid, Bangladesh expressed surprise and dismay at the accusation. "Unfortunately, we are left with no alternative but to condemn the thought of the family, whom we held so close, to accuse us of being an instrument for such tragedy -- be it an accident or a murder -- as it is completely false and unfounded," Shahamin S Zaman, acting country director of ActionAid, said in a press release. --The Daily Star, May 15.

Why tele-tapping not illegal HC asks govt to explain
The High Court in a rule ordered the government to explain within three weeks why Bangladesh Telecommunication (Amendment) Act 2006 empowering the law enforcement and intelligence agencies to tap telephones should not be declared illegal and unconstitutional. A division bench comprising Justice M Awlad Ali and Justice Zinat Ara passed the rule in response to a public interest litigation (PIL) filed by Odhikar, a human rights watchdog, and Nurul Kabir, editor of the New Age. Jatiya Sangsad on February 12 passed the act amid protest by the opposition. Earlier on December 11, President Iajuddin Ahmed promulgated an ordinance with immediate effect allowing the authorities concerned to tap telephones. The ordinance led to an outcry among the rights groups and political parties. The secretaries of post and telecommunication, law, and home ministries and Bangladesh Telecommunication Regulatory Commission (BTRC) have been made respondents in the case. Law and Parliamentary Affairs Minister Moudud Ahmed told reporters that a reply to the rule will be placed within three weeks, outlining the rationale behind making the law. --The Daily Star, May 19.


Corresponding with the Law Desk
Please send your mails, queries, and opinions to: Law Desk, The Daily Star 19 Karwan Bazar, Dhaka-1215; telephone 8124944,8124955,fax 8125155;email <dslawdesk@yahoo.co.uk,lawdesk@thedailystar.net

 
 
 
 


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