Law
Week
Top JMB leaders seek president's 'mercy'
Five of the seven condemned top Islamist militants, including banned Jama'atul Mujahideen Bangladesh (JMB) chief Abdur Rahman, begged the president for their lives by submitting mercy petitions to the jail authorities with one of them expected to do so today and another absconding. The four others who submitted mercy petitions are JMB Majlish-e-Shura (highest policy making body) members Ataur Rahman Sunny, Abdul Awal and Khaled Saifullah, and suicide bomber Iftekhar al Mamun. Major Shamsul Haider Siddiqui, deputy inspector general (Prisons), told The Daily Star, "We have received five of the mercy petitions, and Siddiqul Islam alias Bangla Bhai said he would submit it the next day." Prison sources said, Abdur Rahman, who is imprisoned in Kashimpur Jail, handed over a three-page hand-written mercy petition to the jail authorities, which would later be sent to the president. The petition mostly comprise lengthy quotes from the Quran and the Hadith. While handing over his mercy petition, Abdur Rahman told jail officials that in Islamic law, the president does not have the jurisdiction to show mercy, so he (Rahman) does not want the president's mercy. --The Daily Star, January 28.
Editors vow to defy media gagging rule
Editors of national newspapers, news agencies and television channels, and senior journalists categorically told Law and Information Adviser Mainul Hosein that they will not abide by the restrictions imposed on the media by the emergency rules. The editors and journalist were up in arms against the rules in a meeting with Moinul and asked for immediate withdrawal of the media restrictions. During the meeting in his office, Information Adviser Mainul Hosein however said the interim government did not introduce any rule or order curbing press freedom, as the media and the people are the source of this government's power. "I have explained to them [editors] that the emergency has a framework according to which we have the power but did not introduce any law curtailing press freedom," he told reporters emerging out of the meeting with the editors and senior journalists. In the meeting, columnist and eminent journalist ABM Musa said, "After reading the law, it seems that the caretaker government does not trust the media. It has damaged the trust that developed over the period."-- Unb, Dhaka, January 29.
HC suspends all polls for 3 months
The High Court (HC) suspended conduct of all elections including the next parliamentary polls for three months and ordered the Election Commission (EC) to explain why the existing revised voter list shall not be declared illegal. The ruling came following a writ petition filed the same day by Kazi Mamnur Rashid, a constituent of Dhaka-6. Issuing a rule, the HC also directed the commission to explain why the present voter roll shall not be declared inconsistent with the provisions of Representation of the People Order (RPO), 1972 and the directives passed by the Appellate Division of the Supreme Court in 2006. The electoral register was updated to be used in the January 22 general election that was later cancelled. The rule asked the commission to clarify why it should not be directed to prepare a fresh electoral roll for the general and other elections as per the provisions of the existing law, the SC directives of 2006 and as per articles 119, 121, 122 of the constitution. Besides, it asked the EC to show cause why it shall not be ordered to introduce voter identification (ID) cards and arrange transparent ballot boxes for the national election. The Daily Star, January 30.
70pc Oriental Bank shares cancelled
The Bangladesh Bank cancelled 69.87 percent of the Oriental Bank's shares after its probe found that Obaidul Karim bought 'benami' shares through his family members, nominee companies and individuals in breach of the banking company laws. In a letter to the Oriental Bank's managing director, the central bank ordered the cancellation and forfeiture of the shares with immediate effect and asked the scam-tainted private bank to inform its current shareholders accordingly. The 69.87 percent shares were listed under 13 names and companies that, the BB probe found, are either members of Obaidul's family, companies owned by them or foreign nominee companies. The BB has asked the Oriental Bank authorities to issue fresh shares in its [central bank's] favour to replace the forfeited ones and send them to it forthwith. It has also directed the beleaguered financial outfit to inform immediately the Registrar of the Joint Stock Companies and Firms and the Securities and Exchange Commission of the actions against the benami shares [the ones held by proxy]. The BB letter said the directive has been issued under section 45 of the Banking Companies Act, 1991 to advance the monetary and banking policy and also to ensure proper management of the Oriental Bank Limited. --The Daily Star, January 30.
Acting CEC quits with commissioners
The acting chief election commissioner (CEC) and four other commissioners finally resigned, following the footstep of Justice MA Aziz, and clearing the way for reconstitution of the Election Commission (EC). Former additional secretary to cabinet division, M Anisuzzaman Khan, is likely to be appointed as the new CEC while a former brigadier general and a former district judge are likely to be appointed as election commissioners, sources said. A few of the resigning election commissioners did not agree to admit their failure as election commissioners. They also refused to comment on their resignation, saying Bangabhaban will announce the EC overhaul in a statement. The state-run news agency, BSS, also quoted a Bangabhaban official as saying the election commissioners met the president and submitted their resignation letters. The caretaker government will now appoint a new CEC and two election commissioners to recast the EC, which will initiate steps including preparation of a voter list for holding the ninth parliamentary election. "The interim government will immediately appoint three election commissioners, including a CEC, to form a new Election Commission," the law adviser said, adding that the names of the new commissioners have been finalised. -- The Daily Star, February 1.
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
