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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: 13
March 31, 2007

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Law Week

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Law Week

Dhaka to ratify UN convention on cultural expression
The government decided to ratify the United Nations Convention on Protection and Promotion of Cultural Expression, to enshrine the primacy of cultural diversity within nations and to enhance cooperation and dialogue between cultures. The decision was taken at the weekly meeting of the council of advisers presided over by Chief Adviser (CA) Fakhruddin Ahmed at the CA's office, Syed Fahim Munaim, press secretary to the CA, said at a press briefing. The UN convention on cultural expression stresses the need to protect cultural diversity, emphasises the need to incorporate culture in national policy and recognise the importance of traditional knowledge, especially indigenous knowledge, in sustainable development. The weekly meeting also discussed a proposal by the social welfare ministry to ratify the UN Convention on the Rights and Dignity of Persons With Disability. The council asked the social welfare ministry to prepare a report within four to five weeks after examining the convention and also with a detailed account of how the handicapped are treated in Bangladesh. -The Daily Star, March 25.

Mamun produced in court in arms case
Giasuddin Al Mamun, controversial businessman and a close friend of Tarique Rahman who too is in detention now, was placed on a five-day remand in an arms case. Police said they needed to have him remanded for at least seven days to "recover the huge cache of arms and ammunition that are in the possession of his cohorts". In a first information report (FIR) to the Chief Metropolitan Magistrate's Court, Dhaka, they said they arrested him while raiding his house at Banani DOHS. During the raid carried out with the assistance of troops and other law enforcers, police seized a Spain-made .22 bore pistol and eight bullets. Listed as a top graft suspect by the Anti-Corruption Commission (ACC), Mamun was first taken to the Cantonment Police Station. Later in the afternoon, he was produced in the court. Late at night police sources said he has been taken into the Joint Interrogation Cell for questioning. The defence lawyers did not submit any petition for Mamun's bail as he was shown arrested under the amended emergency rule. Anyone arrested under the rule is not entitled to seeking bail until the trial is completed. -The Daily Star, March 27.

Judge Faizee's Certificate Scam
Supreme Judicial Council starts probe

The Supreme Judicial Council (SJC) starts its probe into controversial High Court (HC) judge Faisal Mahmud Faizee's alleged certificate scandal. A presidential order was sent to the Supreme Court yesterday via the law ministry to conduct the enquiry. If Faizee is found guilty of "gross misconduct" for forgery of certificate, the president may remove him from office. Eminent jurists said the controversy should be settled quickly to save the image of the higher judiciary. Faizee committed gross misconduct by taking oath with a false certificate, they added. The approval to form the SJC came after Chief Justice Md Ruhul Amin sent a letter to the president on March 12 seeking his permission for its formation, Law Adviser Mainul Hosein told reporters. The Supreme Court Bar Association (SCBA) also sent a letter to the president on March 7 requesting him to form the SJC. According to Article 96 of the constitution, the council will consist of the chief justice and two judges next in seniority to him. -Prothom Alo, March 28.


HC declares void electoral roll
The High Court (HC) declared null and void the electoral roll published ahead of the stalled January 22 parliamentary elections. In a further order concerning national elections, the court directed the Election Commission (EC) to take into cognizance introduction of transparent ballot box and voter ID card for free, fare and credible elections in future. While scrapping the voter list, one of the causes of the recent political crisis over the parliamentary election, the High Court observed that it was prepared without complying with the Representation of People Order (RPO) 1972 and the Supreme Court directives. Delivering the judgment on a writ petition, filed by a voter in the capital, a division bench comprising Justice Syed M Dastagir Husain and Justice Mamnoon Rahman ordered the Election Commission to update the electoral roll in compliance with the SC directives, relevant election rules and the constitution. A week after the postponement of the January 22 parliamentary elections, Kazi Mamunur Rashid, a voter in the capital, filed the writ petition with the High Court challenging the validity of the electoral roll published by the EC. -The Daily Star, March 28.

Poll Campaign
EC for ban on use of national leaders' portraits

The Election Commission (EC) has made a move to impose a ban on the use of portraits or names of national leaders in election campaigns by contesting political parties and candidates. It has also planned to ban the use of religion in election campaigns, according to sources in the EC. The sources said the EC is taking steps to amend the code of conduct for contesting political parties and candidates in parliamentary elections. Once the reforms are implemented, two major political parties -- Awami League and BNP -- will not be allowed to use images of Bangabandhu Sheikh Mujibur Rahman and late President Ziaur Rahman in their election campaigns. Similarly, Islamic political parties including Jamaat-e-Islami will be barred from using religion in their election campaigns. The EC will also make stringent provisions for punishing any political party or candidate if they violate the electoral code of conduct. -Unb, Dhaka, March 29.

Emergency Power Ordinance to be amended
The government has taken a move to amend the Emergency Power Ordinance-2007 to have powers to formulate special provisions to strengthen the ongoing crackdown on the corrupt. Once the amendment is made with retrospective effect from January 12, any rules can be formulated on requirement of the authorities to combat corruption, sources said. Directed by the government, the Ministry of Home Affairs has prepared a draft of the amendment and the law ministry has vetted it. The chief adviser, who is in charge of the home ministry, has approved the draft that is likely to be placed before the council of advisers for its nod. When the interim government okays it, the president will promulgate an ordinance amending the Emergency Power Ordinance-2007, the sources said. This will be the first amendment to the ordinance promulgated by President Iajuddin Ahmed on January 12 following the state of emergency declared on January 11. The ordinance aimed at ensuring security of the state and the people, protecting law and order and keeping economic activities unhindered will remain effective as long as the emergency continues. -The Daily Star, March 29.

New activities to counter trafficking in persons
A new project named " South Asian Regional Counter-Trafficking Capacity Building" has been launched March 28, 2007. Daywalka Foundation, a US-based NGO, who is jointly implementing this project until October 2007 to counter trafficking in persons with the International Organization for Migration. This announcement was made by Sunny Petit, Deputy Program Director of the Daywalka Foundation and Emranul Haq Chowdhury, Director of UDDIPAN at a launching ceremony where the honorable Mr. Abdul Karim (Secretary of the Ministry of Home Affairs), Mr. Mohammed Allauddin (Director of NGO Affairs Bureau), Ms. Salma Ali (Chairperson of ATSEC-Bangladesh and Executive Director of BNWLA), and Ms. Aiko Kikkawa (Labor Migration Expert at IOM) gave speeches to support the project and discuss trafficking in Bangladesh. The Daywalka Foundation project will focus its activities (education outreach, shelter assistance, awareness activities, and trainings) in 6 districts: Rajshahi, Cox's Bazaar, Khulna, Chittagong, Panchagrah, Satkhira. -Press Release.


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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