Law
week
Graft court hiring called into question
Proper procedures were not followed in appointing judges and public prosecutors to the special courts set up by the last caretaker government to try major graft cases, a deputy law secretary has alleged. The House committee on the law ministry recorded the official's allegation at its August 27 meeting attended by both the law minister and state minister, say proceedings of the meeting. Law Secretary Kazi Habibul Awal has been asked to attend the committee meeting to explain appointment of the judges and lawyers and also the now-scrapped controversial decision to send two district judges into retirement. -The Daily Star, Sept 09, 2009.
Law Commission turns fruitless 13
The Law Commission goes to complete 13 years with its reconstituted body expecting to do something exceptional than its previous bodies, although it is facing some problems. Sources said the commission had drafted as many as 86 recommendations till September last year since its establishment. But except for only three, all of its recommendations were brushed aside as those were believably not in favour of successive governments. The commission, established on September 9 in 1996 for legal amendments, was earlier blamed for failing to modernise the laws and judicial system of the country. It happened mainly due to the lack of political will of subsequent governments, legal experts said. -The Daily Star, Sept 09, 2009.
Orphanage case goes to trial
A Dhaka court took into cognisance the charges against former prime minister and BNP Chairperson Khaleda Zia, her son Tarique Rahman and four others in a case for embezzlement of Tk 2.10 crore by forming Zia Orphanage Trust. After hearing both the prosecution and defence, Judge ANM Bashir Ullah of the Metropolitan Sessions Judge's Court took the decision in presence of Khaleda and two other accused, and fixed October 25 for next hearing of the case. The court issued arrest warrants against former principal secretary DR Kamal Uddin Siddiqui and Khaleda's nephew Mominur Rahman as they have been absconding since the case was filed. -The Daily Star, Sept 08, 2009.
Bill proposes strict penalty for realtors
The government placed a bill in parliament for enacting a law with provisions for punishing real estate developers for wrongdoings and protecting the interests of buyers and landowners. The Real Estate Development and Management Bill 2009 is based on an ordinance, promulgated by the last caretaker government, which ceased to have effect on February 25 this year for not being ratified in parliament within the stipulated time. Prime Minister Sheikh Hasina however announced in parliament that the ordinances, which ceased to have effect, would be placed in the House as bills for turning them into laws. -The Daily Star, Sept 08, 2009.
90 more pleas sent for govt review
A parliamentary committee sent 90 applications of armed forces officials to the defence ministry for verifying who were "deprived or harassed or sacked on political grounds" in the last seven years. At a meeting at the Jatiya Sangsad Bhaban the parliamentary standing committee on defence ministry also asked the ministry to submit the scrutiny report to the committee at its next meeting. Earlier on August 7, the committee sent 40 such applications to the defence ministry for verification. -The Daily Star, Sept 07, 2009.
No roadmap to war crime trial
The government will not announce any roadmap to war crimes trial but it might start the trial before December this year even before the ultimatum placed by Ekattorer Ghatak Dalal Nirmul Committee. Law Minister Shafique Ahmed said this at a media briefing at his secretariat office also adding, "The trial will start after arranging all the logistics involved with the trial." Nirmul Committee leaders on Friday issued an ultimatum to the government to announce a roadmap for holding the trial by September 30, or they would go for a movement demanding start of the trial. -The Daily Star, Sept 07, 2009.
Safety still missing
Five workers sustained severe burns at a ship-breaking yard in Sitakunda upazila. The victims--Hossain, 35, Ashek, 20, Md Kuddus, 32, Jahangir, 28 and Khokon, 22-- were rushed to the burn unit of Chittagong Medical College Hospital. Fire broke out at Kabir Steel Yard in Baro Aulia while the workers were cutting a Korean ship with gas cutters around 9:00am, police said. Around six months ago, the High Court ordered the government to close the operations of all ship-breaking yards running without environmental clearances within two weeks. The court also directed the shipyard authorities to ensure safe working conditions for the workers. -The Daily Star, Sept 06, 2009.
101 more get appointed soon
The government has decided to appoint 101 assistant judges to lower courts in addition to 207 whose appointments are now almost at the final stage. Even the law ministry has already in a requisition letter asked the Bangladesh Judicial Service Commission (BJSC) authorities to select qualified candidates for the appointment of 101 assistant judges through holding necessary tests and examinations, sources said. Meanwhile, BJSC sources said the commission had already selected 448 candidates out of total 926 through a written test to finally appoint 207 candidates as assistant judges. -The Daily Star, Sept 06, 2009
2 Huji men's bail cancelled
A Dhaka court cancelled bails of two Harkatul Jihad (Huji) members, granted earlier by another court, in one of the two August 21 grenade attack cases on grounds that the charges brought against them were heinous and unpardonable. Meantime, another Dhaka court fixed October 4 for hearing on the government petition seeking cancellation of bails granted to two Huji members in the other case. The Huji members are Munshi Mohibullah alias Mohibur Rahman, brother of Huji Chief Mufti Abdul Hannan, and Arif Hasan Sumon, who obtained bail from a speedy trial tribunal. -The Daily Star, Sept 10, 2009.
Two jurists decline to comment
Two amici curiae declined to give their opinions to the High Court (HC) on the legality of forming a parliamentary committee to investigate corruption allegations against former speaker Jamiruddin Sircar. Barrister Rafique-Ul Huq and Advocate AF Hassan Ariff expressed reluctance to deliver opinions due to different reasons. Rafique-Ul Huq told the court that he earlier made statements to the media on the issue and therefore, he should not place any more opinion before the court. Hassan Ariff said he should not make submission as amicus curiae, since one of his junior lawyers had earlier appeared on behalf of Jamiruddin Sircar in this case. -The Daily Star, Sept 10, 2009.
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
