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“All Citizens are Equal before Law and are Entitled to Equal Protection of Law”-Article 27 of the Constitution of the People’s Republic of Bangladesh



Issue No: 136
September 19, 2009

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Law week

Attach properties of Rid Pharma officials
A Dhaka court ordered attachment of movable and immovable properties of five officials of Rid Pharmaceuticals Ltd, including its managing director, in a case filed against them for manufacturing toxic Paracetamol syrup that claimed at least 28 children's lives. The children died of renal failures, caused by intake of Rid's Paracetamol syrup and suspension, across the country from June to August. Judge Golam Mortuza Majumder of the Drug Court passed the order after Brahmanbaria police submitted reports on the arrest warrants issued earlier against them. -The Daily Star, Sept 17, 2009.

123 more cases to be dropped
The decided to withdraw 123 more 'politically motivated' cases filed during the last BNP-Jamaat coalition and the subsequent caretaker rule. The decision came at a meeting of the government's scrutiny committee for recommendation of withdrawal of the politically motivated cases with its head State Minister for Law Qamrul Islam in the chair. "As many as 241 applications were placed at the seventh meeting and of them 123 cases have been recommended for withdrawal," said Quamrul while briefing newspersons after the meeting at the home ministry. -The Daily Star, Sept 17, 2009.

BDR trial finalised
The government y decided to try the heinous offences like killings, attempt to murder, looting and arson committed during the February 25-26 BDR mutiny at the speedy trial tribunal under the penal code. Other offences like breaking discipline and violating superiors' orders at the Pilkhana BDR headquarters and other BDR stations across the country will be tried under the BDR laws. The maximum punishment under the penal code is death penalty while under the BDR laws it is seven years' imprisonment. The decisions were made at an inter-ministerial meeting at the law ministry. -The Daily Star, Sept 16, 2009.

First bail granted in BDR case
A High Court (HC) division bench for the first time granted bail to one of the 1988 accused in Pilkhana carnage case. The bench comprising of Justice AFM Abdur Rahman and Justice SM Emdadul Haque on August 23 granted bail to Al Amin, son of Mahmudur Rahman of Shathia in Pabna district, for a period of six months. The bail order came after Amin's lawyers filed a criminal miscellaneous case with the HC against the rejection order of the lower court. Additional Chief Metropolitan Magistrate Ehsanul Haque, after scrutinizing the bail order of the HC, asked the lawyers of the accused to furnish a bail bond. Advocate Abdul Hannan furnished the bail bond following the order. -The Daily Star, Sept 16, 2009.

Lawmakers' desire to be municipality adviser over
The House passed the Local Government (municipality) bill rejecting a parliamentary body's recommendation for making the MPs advisers to the municipalities in their respective constituencies. The parliament also dropped a provision from the original bill dissolving two deputy mayoral posts in each municipality. The parliamentary standing committee on LGRD and cooperatives ministry in its scrutiny report made the recommendation for making lawmakers advisers to the municipalities concerned. -The Daily Star, Sept 15, 2009.

Appeal against acquittal of 6
The government filed separate appeals with the Supreme Court (SC) against the High Court (HC) verdict that acquitted six former military men of charges in the jail killing case. Advocate-on-record for the attorney general's office Mushfiqur Rahman filed the leave-to-appeal petitions on behalf of the government with the appeal section of the SC in the morning. Attorney General Mahbubey Alam told The Daily Star that his office would take an initiative for hearing appeals at the SC after disposal of long pending Bangabandhu Sheikh Mujibur Rahman assassination case. -The Daily Star, Sept 15, 2009.

Law secy says sorry
Law Secretary Kazi Habibul Awal apologised to a parliamentary committee for his role in sending two district judges into retirement without following due legal procedure. He promised that such incident will not occur in the future. "Since I am the secretary [of the law ministry], I am taking all responsibility for whatever happened--right or wrong. Forgive me and forget if there was anything wrong," Awal was quoted by a lawmaker as telling a meeting of the parliamentary body. -The Daily Star, Sept 14, 2009.

Bill seeks executive magistrates' power
A bill seeking ratification of the mobile court ordinance was placed in parliament for continuation of the authority of executive magistrates to take cognizance of offences and hold trial of those including electoral offences. But empowering the executive magistrates to hold trials of electoral offences runs counter to a Supreme Court (SC) opinion. Now it depends on the House whether it would uphold the SC's opinion or approve the proposal for empowering the executive magistrates to hold trial of electoral offences. . -The Daily Star, Sept 14, 2009.

Govt moves to sue hill plunderers
State Minister for Forest and Environment Hasan Mahmud said the government will take legal actions against those involved in hill cutting in the port city. No body would be allowed to cut hills causing environmental damage, he said. The state minister was talking to the journalists after visiting different areas including Lalkhanbazar, Motijharna, South Khulshi and Bayezid. These areas have seen a number of hills levelled for last couple of months. He directed the officials of Department of Environment to lodge cases immediately against the contractors engaged in levelling hills. -The Daily Star, Sept 13, 2009.

Noise pollution falls on deaf ears
As the rules to reduce the level of noise pollution have never been implemented, the sound pollution continues to create public nuisance and pose serious health hazards to urban population. To cut the growing levels of noise pollution created by motor vehicles, industries and amplifiers, the government in 2006 formulated the Noise Pollution Control Rules under the Environment Conservation Act of 1995. People, especially in Dhaka are suffering from noise pollution beyond permitted level but Department of Environment (DoE) has not yet taken any legal action against offenders making a mockery of those rules. DoE Deputy Director Sukumar Biswas said, "We have not yet filed any regular case with the environment court under the noise pollution control rules." -The Daily Star, Sept 12, 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

 
 
 


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