Law
Week
Election Fraud
Lingering stay order saves Sayedee's JS membership
Jamaat-e-Islami leader Delwar Hossain Sayedee, whose membership of the parliament was cancelled by a High Court judgement in 2003 on grounds of election fraud, is continuing as a lawmaker while the tenure of the current parliament is scheduled to expire on October 27 this year, thanks to a stay order by the Supreme Court. Effectiveness of the historical judgement of the High Court (HC) passed on September 14, 2003 has ostensibly been lost due to the death of the petitioner Shudangsu Shekhor Halder, who contested against Sayedee from the parliamentary constituency of Pirojpur 1 in 2001 election. Halder died in September 2004 after a year of bout with ill health. The HC Division stripped ruling Jamaat-e-Islami leader Sayedee of his membership of the parliament (Jatiya Sangsad) for submitting a false statement on his poll expenses and for violating other election rules. It declared Sayedee's election from Pirojpur-1 constituency null and void for corruption, illegal practices and violation of the Representation of People's Order 1972, setting the first ever example of unseating a lawmaker by the HC in an election dispute case. Sayedee filed a petition with the Appellate Division of the Supreme Court on September 15, 2003 to grant him permission to appeal against the HC judgement. --The Daily Star, August 1.
It's not possible to drop cases against Ershad: Moudud
Law, Justice and Parliamentary Affairs Minister Moudud Ahmed ruled out the possibility of withdrawing corruption cases against the deposed dictator HM Ershad by saying "The judiciary would follow its own course". Moudud made the remark at a press conference at Chittagong Hill Tracts Affairs ministry in reply to a question about the speculation that the government reached an understanding with Ershad to withdraw the corruption cases against him if he joins the ruling alliance. Moudud termed the question a hypothetical one and said that he was unaware of any such understanding. "I do not think there was such an understanding with him". However, he added that if it were a political decision to withdraw the cases, the ministry would do the needful. "But no such decision has been made so far," confirmed the minister. When asked about the legal jurisdiction over withdrawal of corruption cases, Moudud said the Anti Corruption Commission (ACC) would be the authorised body to withdraw any corruption cases. The press meet was organised highlighting the government's legal aid services to the financially disadvantaged. -- The Daily Star, August 1.
HC rule on age for admission to colleges
The High Court (HC) issued a rule on the government and education boards to explain in one week why they should not be directed to allow admission of students at colleges on the basis of marks instead of their date of birth. The court also asked them to show cause why the new rules (sub-clause 6 of clause 4 of the HSC admission policy 2006) introduced by the education ministry to consider the students' date of birth during college admission should not be declared illegal. The HC rule came following a writ petition filed by Uttara Dev Chowdhury, a lawyer from Chittagong Judge Court, challenging the new policy. The sub clause provides for consideration of the admission seekers' date of birth during their enrolment in colleges. The senior ones will get priority if the number of admission seekers securing same GPA in SSC exam is higher than the number of seats available in a college. The order issued by an HC division bench after hearing the writ petition will be sent to the respondents by special messenger. -- The Daily Star, August 1.
SC bar denied appointment with president
A Bangabhaban official informed the Supreme Court Bar Association (SCBA) that their appointment with President Iajuddin Ahmed is not possible now as the president has not completely recovered from illness. The SCBA in its July 27 letter to the president sought his meeting with a civil society delegation to discuss people's concern about their voting rights and empowerment. The letter was sent as part of a follow up action of a July 22 roundtable organised by SCBA where a large number of professionals, lawyers and civil society leaders requested the president to remove the Chief Election Commissioner and two election commissioners if they do not willingly resign by July 31. An official from the president's office contacted SCBA leaders over telephone and informed them that the SCBA letter, resolution and recommendations had been submitted to the president. SCBA Secretary AM Amin Uddin admitted communication with the Bangabhaban. -- Prothom Alo, August 1.
2001 Election Disputes
13 cases still pending as next polls near
With a new parliament election round the corner, 13 cases of 2001 election disputes still remain pending with the Supreme Court making the Election Commission's (EC) move for quick adjudication of the disputes a futile exercise. The possibility of adjudicating the disputes within the tenure of the current parliament is slim and the cases are likely to be automatically dismissed after expiry of the current parliament's tenure on October 27 this year, sources said. Ahead of the parliament election in 2001, the EC through reforms in electoral laws introduced a new system of lodging election dispute cases with the High Court (HC) Division, instead of election tribunals, in a bid for quick adjudication of the cases. A total of 31 cases alleging various irregularities in the polls were filed with the HC soon after the election in October 2001. Eleven of those cases were dismissed due to reluctance of the petitioners to continue the cases and for lack of their initiatives. Five were dismissed on grounds of lack of merits, one was rejected and one became legally 'ineffective'. Five of the 13 pending cases remain with the Appellate Division and eight in the HC division of the Supreme Court, sources said referring to a compilation of present status of the cases. -- The Daily Star, August 2.
26 JMB men held during training
Rapid Action Battalion (Rab) captured 26 Islamist militants while they were receiving military training in a remote jungle in Mymensingh. The captured militants include two prospective suicide bombers and a veteran of the previous Afghan war. The capture came a few days after the government had alerted all law enforcers about reorganisation of militancy in the country. Rab, which has been interrogating the arrestees, said the militants belong to outlawed Jama'atul Mujahideen Bangladesh (JMB) that carried out 500 bomb blasts simultaneously across the country on August 17 last year. The elite battalion also recovered some bomb-making materials and training equipment from a militant den at Jibontola village under Bhaluka upazila in the district. The den had four bunkers and two sentry outposts. A 30-member team of Rab-9, led by Lt Col Nurul Momen and Flight Lt Faisal, carried out a 15-minute raid on the remote jungle at Jibontola village and captured the militants. --The Daily Star, August 3.
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