Law
week
Saarc nations to share crime info
Saarc foreign ministers put into operation a $300 million regional development fund and finalised the draft agreement on a security pact to share information about criminal activities.
They also decided that Sri Lanka will host the 15th Saarc (South Asian Association for Regional Cooperation) summit next year as the Maldives opted out Friday due to preoccupations with national elections.
Indian External Affairs Minister Pranab Mukherjee disclosed the decisions at the conclusion of the 29th Saarc council of ministers meeting in New Delhi yesterday.
A cell is being established in the Kathmandu-based Saarc Secretariat for implementing the Saarc Development Fund (SDF) projects, he said. The council identified the social sector and physical connectivity projects as priorities, which include programmes for empowering women, enhancing quality of education and strengthening regional telemedicine networks. Pranab also said that the council unanimously approved the security pact draft and directed legal experts from all the eight member states to attend a meeting in Colombo in April 2008 to hammer out the details of the Mutual Legal Assistance agreement.
"All the Saarc states are victims of terrorism and we should have mutual legal assistance to tackle terrorists and criminals in the region," he said. The draft, which does not include an extradition clause, is based on recommendations made by Saarc home ministers, who met in October this year--The Daily Star, December 09, 2007
HC stays Hasina extortion case, court on JS premises
The High Court (HC) yesterday stayed for three months the proceedings of the Tk 2.99 crore extortion case filed against former premier and Awami League chief Sheikh Hasina and two others. The HC also stayed for three months the operation of the November 26 gazette notification providing special arrangements for the trial of the case fixing the Sangsad Bhaban premises as the trial venue until a writ petition filed yesterday is disposed in the higher court. The HC bench comprising justices ABM Khairul Huq and Abdul Awal also issued a rule upon the government asking it to reply in four weeks why transfer of the Metropolitan Sessions Judge's Court to the Sangsad Bhaban premises shall not be declared illegal. Meanwhile, Dhaka Metropolitan Sessions Judge's Court yesterday adjourned the hearing of charge framing in the case until December 13 as Hasina could not appear before the court because of illness. --The Daily Star, December 10, 2007
Niko case might be brought under EPR
The Anti-Corruption Commission (ACC) might question detained former premiers Sheikh Hasina and Khaleda Zia in cases filed against them for 'illegal' deals with Canadian gas company Niko. It is also likely to bring the cases under the emergency power rules.
ACC Director General (Admin) Col Hanif Iqbal yesterday said the question of quizzing comes when an investigation calls for a clear view of the allegation brought against an accused. The same is applicable here meaning the two [Hasina and Khaleda] might be quizzed if necessary. --The Daily Star, December 11, 2007
Plea against making public poll candidates' info rejected
The Supreme Court (SC) rejected the controversial appeal against the High Court (HC) directives for the Election Commission (EC) to collect and publish certain personal information about the aspirants to parliament. The full bench Appellate Division headed by Chief Justice Mohammad Ruhul Amin in its ruling said the petition did not qualify as an appeal as it was filed on the basis of false and fabricated documents. The judgment means now there is no bar to disclosure of eight-point details including academic qualification, profession, source of income, wealth accounts and criminal records (if any) of the candidates.
The HC passed the landmark order on May 24, 2005 following a writ petition filed as a public interest litigation by three lawyers--Abdul Momen Chowdhury, KM Zabir and Zahurul Islam.
Appearing for the original petitioners, Dr Kamal Hossain called for an investigation into how the HC verdict had been stayed in response to an appeal grounded in fabrication.
The SC in its judgment observed that “there has been no appeal in the eye of law” and the petition could not be considered an appeal since it “had been filed by fabricating papers.”
Expressing annoyance over the manner in which the appeal was filed, the chief justice said almost every sector has been ruined and dishonest people are now trying to destroy the top court too, said KM Zabir.
Information HC wants to be made public
The HC had directed the EC to gather and publish information about prospective candidates' academic qualifications (to be supported by certificates), and whether they are accused in any criminal cases at present or whether there were any criminal records in the past.
It also wanted the EC to collect details about profession and sources of income of the candidates.
The EC was asked also to know and publish whether a candidate had been a member of parliament before, and the role he/she had played individually and collectively in fulfilling the commitment made to the people.
Besides, the HC asked it to obtain information about the amount of loans taken by a candidate from banks and financial institutions (personally, jointly or in the name of dependents) or loans taken from a company of which the candidate is chairman or director.
Assets and liabilities of the candidates and their dependants should also be reported. --The Daily Star, December 12, 2007
Aziz appointment as CEC was illegal for holding dual offices
The High Court (HC) yesterday declared "illegal" the appointment of Justice MA Aziz as the chief election commissioner who preceded the current CEC, sealing the scope for the government to allow any person to concurrently hold two constitutional posts. A division bench, comprising Justice ABM Khairul Haque and Justice Syed Ziaul Karim, pronounced the judgment, making its twin-rule absolute. The HC on June 18 in 2005, following a Public Interest Litigation (PIL), had issued a ruling upon the then CEC Aziz, the Election Commission and the government, asking them why Aziz's holding the office of CEC alongside being a sitting Supreme Court judge should not be held illegal. It had also issued a rule asking the respondents to show cause under what authority Justice Aziz simultaneously held both offices. During the hearing of the writ petition filed by three lawyers, the court sought legal aid from eminent jurists Dr Kamal Hosain, TH Khan, Barrister M Amir-Ul Islam, Mahmudul Islam, and Shahdeen Malik -- as amicus curiae. --The Daily Star, December 13, 2007.
Hasnat Abdullah gets 8yrs for tax evasion
A special court yesterday sentenced former chief whip and Awami League leader Abul Hasnat Abdullah to eight years' imprisonment for three counts of tax evasion. Judge AK Roy of the second special court, set up at the MP hostel on the Jatiya Sangsad Bhaban premises, delivered the verdict against Hasnat, who is on the run. The court also fined him Tk 40 lakh; in default of which he would have to stay in jail six more months. It also ordered the authorities to confiscate his properties worth Tk 1.65 crore that Hasnat did not mention in his tax returns submitted to the National Board of Revenue (NBR). --The Daily Star, December 13, 2007.
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