Law
Week
Guantanamo returnee put on remand
Police took Mobarak, who was detained at Guantanamo Bay for five years for his suspected al-Qaeda connection, on a three-day remand to learn if he has any militancy links in the land. Airport police showed him arrested under Section 54 of the Criminal Procedure Code and placed him before the court of Chief Metropolitan Magistrate with the remand prayer. A special US Air Force plane on Sunday flew Mobarak Hossain, 30, son of Abul Hashem of Brahmanbaria in Bangladesh and handed him over to the Zia International Airport Immigration. Mobarak went to Pakistan for studies in 1998 and taught in a madrasa in Karachi after completion of two-year study. In 2001, Pakistan intelligence arrested him and suspecting his link with al-Qaeda, handed over to the US authorities who later took him to the Guantanamo Bay prison. Mobarak need to be quizzed to learn his 'true' objective for going to Pakistan, if he was a member of any banned organisation in the country and if he had any criminal records, said Sub-Inspector Masud of Airport police in the remand prayer. Police also revealed that Mobarak went to Kabul in Afghanistan to visit his friend Rafiq, whom he met while teaching at a Karachi madrasa. Then he went to Jalalabad in Afghanistan from where Pakistan intelligence arrested him and kept detained for 32 weeks. The Pakistan authorities later handed him over to the US authorities, who interrogated him at different camps in Pakistan and lastly sent to the Guantanamo Bay prison. -The Daily Star, December20.
Army captain killed in CHT ambush
Armed members of United Peoples Democratic Front (UPDF), an anti-peace accord group, ambushed an army team at Maichchhari in Rangamati killing the team's commander Captain Nurul Azam Gazi. Sources said the ambush ensued a half-hour-long firefight between the armed members of a pro-peace accord group and the UPDF around 4:30pm. No casualties were reported in that battle. Following the firefight, Captain Gazi, also the camp commander of Ghilachhari army camp, led a team of army personnel towards the spot of the firefight. As they reached Maichchhari area, members of UPDF ambushed them. Gazi was critically injured in the incident receiving two bullets in his head. He was flown to Chittagong Combined Military Hospital where on-duty doctors declare him dead. However, quoting Inter Services Public Relations (ISPR), the news agency UNB reported that the captain was caught in a crossfire during a triangular firefight between the anti and pro-peace accord groups and another army petrol team when he led his forces into the battle. Army sources said army personnel from the brigade headquarters and neighbouring camps conducted raids at the surrounding areas to capture the culprits. They, however, failed to capture anyone. The captain was later flown to Bakerganj in Barisal where he was laid to rest near his village home. -The Daily Star, December 20.
No polls under present timetable
The grand electoral alliance led by Awami League (AL) announced that they will boycott and resist any election under the current poll schedule since in their view prerequisites for a free and fair election have not been fulfilled. In defence of the stance, AL President Sheikh Hasina at a grand rally in the capital said the atmosphere for a fair election has yet to come to existence, an acceptable voter list has not been prepared, controversial men are still dominating the Election Commission (EC), the administration is still politicised, and the caretaker government has failed to perform neutrally. "We want a free and fair election. The people will not allow holding of an election designed in line with a blueprint provided by BNP-Jamaat-led alliance...any attempt to hold a unilateral election will be resisted," said Hasina, the top-most leader of AL-led 14-party coalition, adding, "We want a response within 24 hours whether an atmosphere conducive to holding a free and fair election will be created." As part of resisting an election under the current schedule, Hasina's grand alliance also announced a countrywide dawn to dusk hartal scheduled for December 21, the last date for filing nomination papers for the ninth parliamentary election, to be held on January 22 according to the current poll schedule. Top leaders of the allies of 14-party coalition -- JP Chairman HM Ershad and LDP President Prof AQM Badruddoza Chowdhury -- also addressed the rally and announced that they will also boycott and resist any election under the current schedule. -The Daily Star, December 20.
SC stays collection of candidates' personal key information
The Supreme Court (SC) stayed the High Court (HC) verdict ordering the Election Commission (EC) to collect and make public some vital information including income and wealth statements of the candidates for general elections. The top court order came just over two days before the deadline for filing nominations for the upcoming election. The HC verdict that had been greeted with popular acclamation has become invalid for now following a controversial move by barrister Azmalul Hossain. Barrister Omar Sadat assisted Azmalul in moving for Abu Safa who had filed an appeal this year against the HC order. The SC stay shall be in effect till disposal of the appeal. Former law minister Moudud Ahmed, also a prospective BNP candidate for Noakhali-5 constituency, was present during the hearing at the one-member vacation bench of Justice Joynul Abedin of the Appellate Division. Disposing of a writ petition filed by three lawyers, the HC on May 24, 2005 ordered the EC to gather personal details like academic qualification, profession, source of income, criminal records and some other information about the aspirants to parliament and publish those to help voters choose their representatives properly. The ruling had been welcomed by the cross-section of people including the EC as it required the commission to bring out the specifics like a candidate's criminal records, involvement in corruption and owning black money and so on, if they had any. Surprisingly, the apex court gave its decision without hearing any submission from the three petitioners. -The Daily Star, December 20.
Banks asked to identify loan defaulters to bar them from polls
The central bank and the finance ministry have asked all banks to identify the loan defaulters and furnish the election officials with relevant information on them so that they could be barred from the upcoming election. According to the current election schedule, the deadline for submission of nomination papers ends at 5:00pm December 21. After that, the election officials will start scrutinising the papers. The circular instructed the banks to keep open during that time the departments that maintain and store information on the loan defaulters. The banks also have been requested to preserve and update the information and readily pass on those to deputy commissioners (DC) who act as the returning officers (RO). The Finance Division has also sent a circular to all banks through the BB, asking them to find out the defaulters who might be nominated and send all relevant information on them to the ROs. The banks failing to provide information on the delinquent borrowers will be held responsible, the finance division circular states. Those who have failed to keep up the instalments on rescheduled loans and those who have taken out house building loans are also to be considered defaulters. All branch managers have been ordered to be with the ROs during scrutiny of the nomination papers with all pertinent papers at their disposal. Banking sources said in the 2001 election, some 300 candidates' nominations were cancelled because of similar steps taken by the central bank. -The Daily Star, December 20.
Boat purchase case
Ershad gets permission to appeal
Jatiya Party (JP) Chairman and former military ruler HM Ershad, a convict in the Japanese boat purchase scam case, secured permission from the Supreme Court to swear affidavit for filing an application for leave to appeal to overturn the High Court verdict. Justice M Joynul Abedin of the Appellate Division's vacation bench issued the order following a prayer moved by Barrister Azmalul Hosaain QC, the counsel for Ershad. Dismissing the appeal, a single bench of the High Court on December 14 jailed Ershad for two years in the Japanese boat purchase scam case. The High Court also commuted by a year the sentence term handed down by the trial court a decade ago. -Unb, Dhaka, December 20.
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