Law
Week
Special graft courts start rolling
In a major development in the interim government's campaign against graft, four of the five special courts designed to try the corrupt suspects got down to work. Of the tribunals set up at the MP Hostel in Sher-e-Bangla Nagar, one took depositions in a case against Harris Chowdhury, political secretary to former prime minister Khaleda Zia, in his absence while the others fixed May 9 as the date for hearing on charge framing against three detained former state ministers and two of their family members. Earlier the same day the Metropolitan Sessions Judge's Court, Dhaka took into cognisance graft charges against the ex-state ministers and their relations. After scrutinising dockets, it ordered the cases filed with different police stations to be shifted to the special courts for quick disposal. The Anti-Corruption Commission (ACC) pressed charges against former state minister for planning Mohiuddin Khan Alamgir, ex-state minister for civil aviation and tourism Mir Mohammad Nasiruddin and his son Mir Helaluddin, former state minister for labour and employment Amanullah Aman and his wife Sabera Aman on April 29. Meanwhile at the MP Hostel, the authorities concerned did not allow the newsmen to cover proceedings of the special courts. They let the journalists in but by that time the day's business was over. --The Daily Star, May 7.
Writ petition filed in HC challenging legality of CG
A writ petition was filed in the High Court (HC) challenging the legality of the present caretaker government. Josneara Chowdhury made a prayer to the court to ask Chief Adviser (CA) Fakhruddin Ahmed and the 10 advisers to explain on what authority they are holding their public offices as members of a non-party caretaker government. According to the petition, Josneara hails from village Karmutia in Tangail, her husband's name is Md Haris Chowdhury and present address is 62, Bijoynagar, Dhaka. A group of lawyers including BNP's Law Affairs Secretary Zainul Abedin assumed that Josneara might be the wife of former prime minister Khaleda Zia's political secretary Harris Chowdhury, but it could not be confirmed. In the same petition, she also prayed to issue rule upon the Election Commission (EC) as to why it has been delaying in holding the general elections. After filing of the petition in the morning a division bench of the HC partly heard the matter and fixed May 16 for the next hearing. This is the first ever petition filed against the caretaker government challenging its legal base of its holding office. While Abdus Salam Mandal is the filing advocate of the petition, Syed Golam Mostafa moved in the court as counsel of the petitioner. --The Daily Star, May 7.
EC to push political parties into reforms
Political parties will have to amend their constitutions to de-link professional bodies and student organisations to get registered with the Election Commission (EC) as part of electoral reforms the EC is now working on. They will also have to complete elections to their central and grassroots level committees in accordance with their constitutions before applying for registration, and sources of their funds will have to be disclosed. Intra-party democracy and financial transparency in the parties will be ensured greatly when the electoral reforms are implemented, the EC said explaining the objectives of the reforms. Election Commissioner Brig Gen (retd) M Sakhawat Hossain said as per the EC's plan the proposed electoral reforms will be made laws through an ordinance promulgated by the president by July. "Through laws, we will ask political parties intending to get registered to cut links with professional bodies and student fronts," Sakhawat said. "We are formulating proposals requiring the political parties to complete elections at all tiers and submit (to EC) lists of elected representatives to their central committees for getting registration." --The Daily Star, May 8.
Guidelines given to free judiciary
The Supreme Court (SC) directed the government to complete the process for implementation of separation of judiciary from the executive and to inform the court about its execution by July 19. A full bench of the Appellate Division of the SC headed by Chief Justice Mohammad Ruhul Amin in its three-point direction asked the government for creation of and sanction for a certain number of courts for magistrates across the country along with its manpower and logistic support, allotment of courtrooms and chambers for judges, and necessary budgetary allocations. The SC accepted four rules that were submitted to the court earlier after corrections regarding judiciary separation and the amended CrPC ordinance separating the magistracy from the executive. The court adjourned the hearing of contempt rule until July 23 and following a prayer from the counsel of nine bureaucrats facing a contempt charge, the court exempted them from appearing before the court in person. Thirteen bureaucrats, including four secretaries working under the administration of former BNP-led government, are facing the contempt charge. Nine of them faced the charge for distortion of SC's 12-point directive regarding judiciary separation and the four secretaries for not implementing the directives within the time frame given by the court.-- The Daily Star, May 8.
EU reiterates support to CG
European Union (EU) envoys reiterated support for the current military-backed government citing the administration's progress towards holding free and fair elections and what one envoy said was a slightly improving human rights situation. "We would like to see Bangladesh return to democracy and elected government provided the conditions are there to hold free, fair and credible elections," said Stephan Frowein, EU ambassador in Dhaka, at a press conference to mark Europe Day at a city hotel. German Envoy Frank Meyke, representing the current EU presidency, said the EU is encouraged by the Election Commission's (EC) proposed electoral reforms, particularly the move to register political parties and ensure intra-party democracy. EU is currently the largest development cooperation partners of Bangladesh, disbursing well over Tk 3,900 crore in 2006 alone. British High Commissioner Anwar Choudhury said they support the caretaker government as long as they are "working towards holding free and fair elections and leaving behind an infrastructure and a set of reforms to ensure a sustainable democracy and high standard of elections in the future". -- The daily Star, May 9.
Sylhet mayor freed on bail in graft case
Mayor of Sylhet City Corporation (SCC) Badar Uddin Ahmed Kamran, who was arrested in connection with a graft case, was released on bail from Comilla Central Jail. A Sylhet court is to frame charges tomorrow against him and 18 others in connection with the case filed for graft in leasing out Shibganj kitchen market in Sylhet. On April 30, a High Court (HC) division bench granted the SCC mayor ad interim bail but his release was delayed due to official formalities and public holidays. The mayor went to Sylhet from Comilla following his release. While talking to newsmen he claimed that the case was filed out of political grudge. "The BNP-led alliance government filed the case to harass me as they failed to defeat me in the election. I am hopeful of getting justice from the court," Kamran said. The now defunct Bureau of Anti-Corruption filed the case in 2003. Sylhet police arrested Kamran early April 6 after Sylhet District and Sessions Judge Abdul Gafur issued an arrest warrant against him a day before in this connection. Following the arrest, the mayor was sent to Sylhet Central Jail. He was transferred to Comilla Central Jail three days later. On April 22, a divisional special judge rejected the interim bail prayers of the mayor and two other accused. --The Daily Star, May 9.
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