Law
week
EC wants power to punish for its contempt
The Election Commission (EC) has made a move to regain the authority to punish any person for contempt of the EC. In its draft proposals for electoral reforms, the EC has recently inserted provisions that would give it the powers of the civil courts in some cases to try offences committed under the electoral laws and rules, sources in the EC said. These provisions were not included in the original draft proposals, which were disclosed by the EC on April 5 and later distributed among the civil society personalities, legal experts and journalists, said the sources. According to the proposal, the EC shall have the same power as the High Court Division to punish any person for its contempt. The EC was given the power in 2001, but the then president Justice Shahabuddin Ahmad scrapped the provision by promulgating another ordinance in the face of severe criticism. The EC now seeks revival of the power with some modification allowing appeal against its decision. The insertions in the draft proposals say that a person can appeal against EC's decision if the Appellate Division of the Supreme Court grants his leave to appeal petition for filing the appeal. The original provision, which was made law in 2001, had said no appeal shall lie from any decision of the Commission under clause (1), but the Commission, either suo moto or on application by the aggrieved person, review any such decision. -The Daily Star, September 11.
Jail code does not permit phone
Deputy Inspector General (Prisons) Shamsul Haider Siddiqui has dismissed the demand for telephone facility to former prime minister and Awami League (AL) President Sheikh Hasina who is now in a sub-jail in Sangsad Bhaban area. He told reporters at Dhaka Central Jail gate that the jail code does not permit land or mobile telephone facility to the prisoners. Claiming telephone facility to Sheikh Hasina, her counsel Advocate Toufiq Newaz had earlier said section 682 of Jail Code allows it to the division prisoner. Quoting section 682 of jail code, the DIG (Prisons) said the prisoners can communicate either orally or in writing with their relative, friend and legal adviser. "Oral communication does not mean telephone facility," he said, adding that it can be done through meeting. Shamsul Haider informed that Sheikh Hasina had also personally requested him to provide her telephone facility in the jail. He told her that the rule does not permit it. -Unb, Dhaka, September 11.
Voter Listing
Laptop tendering to be cancelled
A government panel has cancelled the selection of an Indian company ready to sign a contract with the Election Commission (EC) to supply 8,000 laptops for voter listing. It also asked the commission to invite fresh tenders for the job, as the panel found anomalies in the previous bidding process. The three-member review panel, formed under a provision of the Public Procurement Regulations (PPR) 2003, also made a five-point recommendation to the EC in its report in order to ensure the quality of the laptops worth over Tk 45 crore, and to ensure on time delivery, sources in the EC Secretariat said. Contacted by The Daily Star Humayun Kabir, secretary in charge to the EC Secretariat, said he received the report from the review panel. "We will re-invite tenders as soon as possible for purchasing the equipment for preparing the voter list," he said adding that the EC Secretariat is maintaining transparency in the procurement process. The EC might find itself in a dilemma regarding having the voter list ready on time according to its much-talked about electoral roadmap, as it will have to re-invite tenders for the laptops, already over two months into the first tender invitation. -The Daily Star, September 12.
EC talks with parties on reforms from
The much-talked-about dialogue between the Election Commission (EC) and the political parties kicks off to finalise the draft of the electoral reform proposals. The EC dialogue, which will continue up to November, will also decide if transparent ballot box will be used in the next parliamentary elections. On the first day of the talks, the EC will hold discussion with Islami Oikya Jote (IOJ). The commission initially selected 15 political parties including the Awami League (AL), BNP, Jamaat-e-Islami and Jatiya Party, to invite to its talks. A few more parties might be invited as they applied to the EC claiming their eligibility for joining the dialogue. Since disclosing the set of draft electoral reform proposals on April 5, the EC could not proceed with its plan for holding talks with the political parties because of the ban on political activities. After the restrictions were relaxed on Monday, the IOJ yesterday held a meeting of its policymaking body to decide its stance on the EC draft proposals. -Prothom Alo, September 12.
Joint forces to monitor kitchen markets
The joint forces will start monitoring the four wholesale kitchen markets in the capital with a view to keep the prices of essentials at a reasonable level ahead of Ramadan. The joint forces also asked all the kitchen traders to maintain voucher while buying and selling goods. In addition, the authorities of all the retail kitchen markets will hang the prices of essentials on the price board from now on. The decisions came after a meeting with the traders of different wholesale and retail kitchen markets in the capital. Officials from the army, Bangladesh Rifles (BDR), Rapid Action Battalion (Rab) and police were present at the meeting held at the Karwan Bazar wholesale market. "The joint forces will patrol and sit at different kitchen markets from tomorrow to keep an eye on the prices of essentials," Col Abdul Halim, chief co-coordinator of Trade and Commerce Monitoring Cell (TCMC), BDR said. The officials from the law enforcement agencies also assured the traders of solving their problems like extortion and police harassment. The kitchen traders sought permission so that the vehicles carrying perishable goods can enter the capital in the daytime. -The Daily Star, September 12.
Home redefines political party
The explanation of the meaning of a political party given by the home ministry in a gazette notification contradicts with the definition in the constitution. "To meet the objective of this circular, part of any political party will also be included as political party," said the home ministry gazette notification that amended the Emergency Power Rules relaxing the restrictions on indoor politics. It also fixed some conditions for holding party activities. According to article 152(1) of the constitution, a political party includes a group or combination of persons who operate within or outside parliament under a distinctive name and who hold themselves out for the purpose of propagating a political opinion or engaging in any other political activity. The electoral laws and the Representation of the People Order 1972 also recognise a political party as defined in the constitution.
According to the constitutional provision, political parties in Bangladesh conduct their activities with distinctive names from each other. If any group of leaders of a political party quits the platform or is expelled and wants to do politics, they will have to float a new organisation with a distinctive name since they are not recognised to conduct political activities until they take a distinctive name. -The Daily Star, September 12.
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