Law Week
HC questions RPO provisions
The High Court on December 26 questioned the legality of amended provisions, introducing preconditions for registration of political parties, of the Representation of the People Order, 1972. In response to a writ petition, the court also issued a rule upon the Election Commission and the government to explain in three weeks why the provisions should not be declared unconstitutional and illegal. One precondition, among others, states that any political party must have at least one member who has been elected with the party's symbol once or at least got five percent votes of a constituency in an election after the country's independence. The petition stated that the EC, through an October 23 circular, brought about the amendments and asked political parties to apply with it for registration by December 31 with documents fulfilling the preconditions. The petition was recently filed by Democratic League's General Secretary Safiuddin Ahmed Moni challenging the legality of the amended provisions and stating that fulfilling such precondition in such a short time was not possible for his party. -The Daily Star December 27, 2012.
HC order on Skype conversations stayed
The Supreme Court on December 26 stayed for six weeks a High Court order that asked the daily Amar Desh authorities not to publish any report relating to Skype conversations between Justice Md Nizamul Huq and expatriate Bangladeshi legal expert Dr Ahmed Ziauddin. Justice Nizamul, a judge of the High Court Division of SC, resigned from the post of chairman of International Crimes Tribunal-1 on December 11 following a report published in the daily over his Skype conversations with Ziauddin. Justice MA Wahhab Miah, a chamber judge of the Appellate Division of the SC so stayed the HC order that directed the district magistrate of Dhaka to hold an enquiry whether the Press and Publication law has been violated due to publishing the conversation in the newspaper. The apex court judge passed the order following a petition submitted by acting editor of Amar Desh Mahmudur Rahman on December 24 seeking stay on the HC order. The judge also asked Mahmudur to file a leave to appeal petition with the SC against the HC order within six weeks. -The Daily Star online edition December 26 2012.
Azad verdict anytime soon
International Crimes Tribunal-2 may deliver the judgement on the war crimes case against expelled Jamaat-e-Islami leader Abul Kalam Azad any day as the proceedings of the case concluded on December 26. The tribunal however did not fix a date for the verdict. The three-member tribunal led by Justice Obaidul Hassan will pronounce the verdict once it becomes ready for the pronouncement, Prosecutor Sahidur Rahman told reporters emerging from the courtroom. Azad, who went into hiding, is facing eight specific charges of crimes against humanity that he had allegedly committed during the country's Liberation War in 1971. Earlier on December 23, the tribunal started recording closing argument against Azad which ended on December 26. - The Daily Star online edition December 26 2012.
Mosharraf, Kazi Ferdous held over
Padma bridge graft
The Anti-Corruption Commission on December 26 arrested former secretary of the Bridges Division Mosharraf Hossain Bhuiyan and Superintendent Engineer of Bangladesh Bridge Authority Kazi Mohammad Ferdous in the capital for their alleged link with Padma bridge graft. The arrest was made eight days after the ACC filed a case against seven persons, including Mosharraf for conspiring to commit bribery in the Padma bridge project. The anti-graft body however did not include in the case former communications minister Syed Abul Hossain and former state minister for foreign affairs Abul Hasan Chowdhury. On December 17, the ACC filed the case with Banani Police Station. The other accused are: Executive Engineer of Roads and Highway Department Reaz Ahmed Zaber; Deputy Managing Director of Engineering and Planning Consultant, a local agent Canadian firm SNC Lavalin, Mohammad Mostofa; and SNC Lavalin officials Mohammad Ismail, Ramesh Shah and Kevin Wales. -The Daily Star online edition December 26 2012.
Fakhrul denied bail again
A Dhaka court on December 24 again rejected two bail petitions of BNP acting secretary general Mirza Fakhrul Islam Alamgir in as many cases for torching vehicles during the opposition's road blockade this month. The Metropolitan Sessions Judge's Court refused the prayers filed challenging an earlier denial of bail by another court. On December 11, the Chief Metropolitan Magistrate's Court rejected two bail petitions by Fakhrul in the same cases and sent him to jail. During the hearing on December 24, defence counsels claimed that the cases filed against Fakhrul were false as a political leader like him cannot vandalise a waste disposal truck. Opposing the bail petitions, the prosecution said the accused was the key planner of acts of sabotage centring the opposition's road blockade on December 9. The BNP-led 18-party alliance enforced the blockade demanding restoration of the caretaker government system. Police on the same day filed the cases with Paltan and Sher-e-Bangla Nagar Police Stations. -The Daily Star December 25 2012.
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