Law
week
Saarc experts to finalise draft treaty on criminal matters
Saarc legal experts have been asked to finalise the draft of the Mutual Legal Assistance (MLA) treaty on criminal matters as the member states failed to reach an agreement on an earlier draft prepared by India at the recent Saarc home ministers' conference. Formation of the regional police forum, Saarcpol, in the style of Europol, has also been deferred as the member states opined that more work needs to be done in this regard.
"We need to examine further before taking any decision regarding the MLA treaty because there are many aspects including huge funding," LGRD Adviser Anwarul Iqbal told reporters at a briefing at the LGRD ministry. Anwar led the Bangladesh delegation at the second home minister-level meeting during October 23-26 in New Delhi. At their meeting on October 24 the Saarc home secretaries decided to postpone signing of the MLA treaty, an agreement aiming at synchronising legal frameworks to tackle cross-border crimes. On receipt of the inputs on the draft, the Saarc Secretariat will compile them and then the legal experts will meet in Colombo in April 2008 to finalise the treaty. -The Daily Star, October 29.
Regulatory reforms body formed to overhaul rules
The government formed a 17-member Regulatory Reforms Commission (RRC) in a bid to overhaul outdated administrative rules and regulations with specific focus on removing bottlenecks for economic investment, commerce and trade. "The Regulatory Reforms Commission has been formed to prepare recommendations aiming to modernise the existing rules and regulations after necessary reform and review," stated a government notification. With a tenure of one year, the commission will be chaired by former adviser and cabinet secretary Akbar Ali Khan and include former adviser Manjur-e-Elahi, former secretary Abdul Muyeed Chowdhury, FBCCI president, two prominent economists and government secretaries and executives concerned. The commission will come into effect once the government issues a gazette notification, according to government sources. The RRC would also be authorised to hire experts on particular issues, who would then be needed to be incorporated through another gazette notification. The notification stated the Board of Investment (BOI) would serve as the secretariat for the RRC, while the BOI executive chairman will serve as the member-secretary of the commission. -The Daily Star, October 31.
Sector commanders to sue war criminals
The Sectors Commander Forum comprising the sector commanders of the Liberation War holds a press conference at the Liberation War Museum in the capital. The Sector Commanders' Forum decided to file cases against the war criminals and called upon all to identify them at the grassroots level and send the lists of names to the forum. Protesting Jamaat-e-Islami Secretary General Ali Ahsan Mohammad Mojaheed's recent remarks on the Liberation War and genocide of 1971, the commanders of different sectors of the Liberation War demanded his immediate arrest and trial. At a press conference organised by the forum at the Liberation War Museum auditorium, they also demanded punishment to former secretary Shah Abdul Hannan for describing the Liberation War as a "civil war". Hannan denied the sacrifice of the country's people for the independence of the nation, they said. Air Vice Marshal (retd) AK Khandker, who was the deputy chief of staff of the liberation forces in 1971, said these persons have played seditious roles by denying the country's constitution and existence and their statements are part of a hatred conspiracy to erase the history and identity of the nation. -The Daily Star, October 31.
Mobile Court Ordinance promulgated
The government promulgated the Mobile Court Ordinance 2007 empowering the executive magistrates to convene impromptu mobile courts and deal out punishments for certain offences. The ordinance will come into effect from tomorrow, the day slated for separation of the judiciary from the executive. The council of advisers approved the ordinance, which also bar people from suing the executive magistrates or others involved with the mobile courts for any inadvertent harm done to the accused by their decisions while acting in good faith. The ordinance gives any government official or executive magistrates the power to take into cognisance any crime as soon as it commences, to convene on-the-spot impromptu trials and to mete out instant punishments to maintain law and order and to run anti-crime drives effectively. It also authorises the executive magistrates to search, seize and, if necessary, dispose perishable or hazardous goods. -The Daily Star, October 31.
Law secretary seeks exemption from SC show cause notice
Responding to a show-cause notice issued by the Supreme Court (SC) regarding a law ministry circular for district judges, Law Secretary Kazi Habibul Awal sought exemption for his ministry from the show-cause obligation. The SC stayed the operation of the October 24 circular requesting the district judges not to ask for courtrooms, manpower, ejlash of judicial magistrates, transport and other logistic supports following separation of the judiciary. Apparently taking the ministry's posture as a non-cooperation ahead of separating the judiciary with effect from November 1, the SC also issued a suo moto show-cause notice, asking the law secretary to explain within 48 hours why the impugned circular “should not be declared inoperative”. Defending the content of the letter, the law secretary in his reply said it was circulated “in good faith and good intention” following the approval of the law adviser. He said no such effort has been made to refrain from meeting the obligation to the SC as asked for with regard to provide logistic support for creating new district magistracy. Instead, the letter was circulated to avoid any kind of unwarranted impediment to implementation of the historic decision of the Appellate Division on separation of the judiciary, Awal added. -Unb, Dhaka, October 31.
Babar jailed for 17yrs over illegal arms
A Dhaka court sentenced detained former state minister for home Lutfozzaman Babar to 17 years' rigorous imprisonment (RI) for possessing illegal firearms and ammunition at his Gulshan residence in the capital. Defence lawyers rejected the verdict terming the case false and fabricated, and said they would file an appeal with the higher court against the judgement after getting a copy of it. Judge Sayed Jahed Mansur of the Metropolitan Special Tribunal-9 handed down the sentence in a packed courtroom in presence of the four-party alliance government's influential minister. Babar was convicted for keeping an unlicensed revolver and 25 bullets of .32 bore rifle in his possession. The court awarded 10 years' RI for possessing illegal firearms under Section 19(A) of the Arms Act, and seven years' RI for possessing ammunition under Section 19 (F) of the same Act. The verdict was given in the first case out of two filed against the former state minister since he was arrested at his Gulshan residence on May 28. -The Daily Star, October 31.
High hopes, hurdles as judiciary to start new era
The country sees the much-awaited implementation of the constitutional provision for separation of the judiciary from the executive, which has been ignored by political and military governments over the last 36 years. All magistrate courts across the country will come out of the executive control and continue operating under the authority of the Supreme Court (SC). The separation nourishes big hopes of ensuring smooth functioning and absolute independence of the judiciary but also faces a few problems initially. According to the constitution, "The state shall ensure the separation of the judiciary from the executive organs of the state." But, the provision has remained neglected since formulation of the constitution in 1972. The SC gave a directive in 1999 for the separation, but successive governments deliberately delayed fulfilling the constitutional demand. The present non-party caretaker government started initiatives for separating the judiciary in January after assuming power. -The Daily Star, October 31.
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
