Law
week
15-member JS body formed without BNP
The House formed a special committee devoid of representation from the main opposition BNP, to chalk out a constitutional amendment proposal. The 15-member committee, headed by Deputy Leader of the House Syeda Sajeda Chowdhury, consists of only Awami League-led ruling alliance lawmakers, as BNP declined to nominate a representative following an invitation from the ruling party. No position was kept reserved for an opposition representative either. Prime Minister Sheikh Hasina, who is also the Leader of the House, brought a motion for the committee's formation under section 266 of the rules of procedure of Jatiya Sangsad, and made a brief statement. She said the amendment to the constitution is "necessary for upholding democracy, and for blocking the way for usurpation of state power through imposition of martial laws in future". -The Daily Star, July 22, 2010.
The depth of 5th amendment
Changes made to the constitution in around four years after the August 15, 1975 changeover altered the fundamental principles of state policy, destroyed the secular character of the constitution and allowed politics based on religion. Besides, the changes replaced Bangalee nationalism with Bangladeshi nationalism, and provided political right to anti-liberation forces including Jamaat-e-Islami and war criminals that resulted in an alarming growth of political parties and organisations based on religion. All those amendments, modifications, substitutions, omissions and additions to the constitution were indiscriminately made during the martial law rule that began immediately after the assassination of Bangabandhu Sheikh Mujibur Rahman. -The Daily Star, July 22, 2010.
CIC suggests amending RTI Act for transparency
Chief Information Commissioner (CIC) Muhammad Zamir called for amending the Right to Information Act, 2009 to ensure transparency in all the corporate bodies and financial institutions. "Most of the corporate companies and giant financial institutions in the country remain out of the jurisdiction of the act. But people have the right to know about their activities and financial dealings. So the act should be reviewed to bring those under the act," said Zamir. His observations came while speaking as the chief guest at the launching session of the website www.blast.org.bd. It aims to provide information on different legal procedures. Bangladesh Legal Aid and Services Trust (BLAST), a human rights organisation, hosted the programme at the Jatiya Press Club. -The Daily Star, July 21, 2010.
Special JS body to be formed
Parliament will constitute a 19-member all-party committee for bringing major changes to the constitution. The committee will have a post vacant for the main opposition BNP, which has yet to nominate an MP for the committee. Treasury bench Chief Whip Abdus Shahid confirmed that the special JS body would be formed. Earlier, he sent a letter to the opposition leader, requesting her to nominate a lawmaker for the committee. In a late development, BNP replied to the ruling AL's letter. It however did not give name of its representative in the proposed parliamentary panel. -The Daily Star, July 21, 2010.
HC warns against custodial deaths
The High Court issued a stern warning to the government that it must take legal action against policemen involved in custodial deaths after investigating the cases with non-police personnel. This court will deal with everyone involved in custodial deaths with an iron fist without mercy and compassion, said an HC bench, adding that police must forget the idea that they are immune to prosecution. Those days are over and the police must realise this reality, it commented in the presence of a number of police personnel who appeared before the bench in connection with three incidents of death in police custody. The HC bench of Justice AHM Shamsuddin Chowdhury Manik and Justice Md Zakir
Hossain came up with the observations during the hearing of a writ petition earlier filed by Human Rights and Peace for Bangladesh and Bangladesh Human Rights Foundation. -The Daily Star, July 20, 2010.
No bar to sending cases filed for crimes in '71
Reviewing cases filed against Jamaat-e-Islami leaders with different police stations in connection with crimes in 1971, the home ministry found no legal bar to sending the cases to the International Crimes Tribunal for trial. However, the investigation officers of the cases would decide whether to have the trials at the tribunal. Once the IOs appeal to the tribunal to take the cases, the tribunal can decide, said home ministry sources. The observation came at an inter-ministerial meeting at the home ministry with Home Minister Sahara Khatun in the chair. The emergency meeting was called to review the cases filed against the Jamaat leaders and to discuss how those cases could be transferred to the International Crimes Tribunal. -The Daily Star, July 20, 2010.
Tribunal targets fair trial
The war crimes tribunal has announced the rules of procedure for probe, prosecution and trial. Published in a gazette on July 15, the rules say the trial will start once formal charges are placed before the tribunal. The prosecution will prepare charges on the basis of reports by the investigation agency, and submit those to the tribunal in the form of petitions. Shahinur Rahman, registrar of the tribunal, presented the gazette at a press briefing at his office. He said the tribunal can amend or modify the rules if necessary for fair trial of those accused of genocide, crimes against humanity and war crimes in
1971. The rules shall be considered to have taken effect from March 25, the day the government formed the tribunal, prosecution panel and investigation agency for war crimes trial. The three-member tribunal, instituted under International Crimes (Tribunals) Act 1973, can try a person in his presence or absence. -The Daily Star, July 19, 2010.
No scope to challenge cases on dispute facts
A copy of a recent Supreme Court judgment reveals that no-one could challenge in the High Court any case filed by the Anti-Corruption Commission on disputed facts that earlier led 540 graft cases to be stayed by the HC. The apex court made the observations in a verdict given on April 4 upholding an HC verdict declaring legal the way ACC filed a case against Awami League lawmaker Habibur Rahman Mollah. The full text of the verdict was released on April 13. The Daily Star has recently obtained a copy of the judgment where some clear observations were made regarding disposal of ACC cases in the trial courts and HC role in staying cases on trial. -The Daily Star, July 19, 2010.
Corresponding with the Law Desk
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