Writ
against withdrawal of cases rejected
The
High Court Division has rejected a writ petition challenging the government's
discretionary powers to withdraw any criminal case.
The writ petition was filed citing a latest move towards exempting 10
accused from prosecution for double murders at Keraniganj. A High Court
Division Bench of the Supreme Court, comprising Justice Shah Abu Nayeem
Mominur Rahman and Justice Md Abdul Awal, rejected the petition. saying
that it was filed prematurely as the tribunal was yet to decide on the
government's prayer for the impugned non-prosecution. However, the petitioner
would file another writ petition if the decision of the Speedy Trial Tribunal
left him aggrieved.. The court allowed the counsel's prayer for filing
a writ petition seeking the High Court's guideline for the trial courts
in application of the Section 494 of the Code of Criminal Procedure (CrPC),
which empowers the Public Prosecutors (PP) to retract any prosecution.
The petition was filed on 27th July on grounds that political considerations
in this process pre-empt justice. -New Age, 29 July.
Female
Traffic Police withdrawn from duty
The
Dhaka Metropolitan Police (DMP) temporarily withdrew the first batch of
traffic policewomen from the city due to lack of infrastructural facilities.
They had to be withdrawn in the absence of restrooms and sheds near the
places where they were posted. However, they will resume their duty after
the required facilities are installed. At that time the traffic policewomen
will wear comfortable boots and a hat-like cap instead of oblong caps.
Meanwhile, the duration of their duty period might also be reduced. Earlier,
each team of two worked from 8:00am to 12:00 noon in the first shift and
from 3:00pm to 7:00pm in the second. However, no official announcement
was made as they were withdrawn temporarily. Also the DMP commissioner
rejected that they were withdrawn under political pressure. - The
Daily Star, 30 July.
Prison
population increasing in the US
America's
prison population grew in 2002 despite a declining crime rate. The inmate
population in 2002 of more than 2.1 million represented a 2.6 per cent
increase over 2001, according to a report released Sunday by the Bureau
of Justice Statistics. Preliminary FBI statistics showed a 0.2 per cent
drop in overall crime during the same span. Mandatory sentences, especially
for non-violent drug offenders, are a major reason inmate populations
have raised for 30 years. About one of every 143 US residents was in the
federal, state or local custody at year's end. - Jugantor, 29 July.
Govt.
asked to explain approval of NTV
The
High Court Division has asked the govt. to show cause within six weeks
why its order to allocate frequency of the satellite link for and issue
no-objection certificate for import of earth station and SNG- fly way
machinery to the NTV should not be declared illegal. The Court also asked
the govt. and the Managing director of the Intrernational Television Channel
(PVT) Limited, Enayetur Rahman, to show causewhy the post facto approval
of the transfer of the ownership to Rahman should not be declared void.
The division bench of Justice M A Wahhab Miah and Justice Md Shamim Hossain
issued the rule nisi. - Bhorer Kagoj, 27 July.
Enactment
of tobacco control law demanded
Speakers
of a round table on 'Tobacco Control Law: Bangladesh Perspective' demanded
the urgent enactment of tobacco control law for Bangladesh. The programme
was organized jointly by Dhaka Ahsania Mission, Bangladesh Anti-Tobacco
Alliance and Work for Better Bangladesh in the auditorium of CIRDAP in
Dhaka on 26 July. The speakers informed that tobacco kills a man in every
eight second in the world. They also revealed that by the year 2030, 10
million persons will die every year due to use of tobacco of which seven
million will be in the third world countries like Bangladesh. Demanding
the immediate enactment of tobacco control law, they said that if the
first deteriorating condition is not effectively arrested by enacting
comprehensive tobacco control law, tobacco related disease will take epidemic
form. -The Bangladesh Today, 27 July.
FBCCI
poll under court's restriction
High
Court Division has issued a rule nisi asking the government to 'show cause'
in three weeks why the new laws that changed the electoral process of
the trade body should not be declared ultra vires. As a result of this
rule the elections to the country's apex trade body FBCCI has became uncertain
. A High Court Division Bench comprising Justice Amirul Kabir Chowdhury
and Justice AFM Ali Asgar in response to a writ petition by A Rouf Chowdhury,
a former director of FBCCI, issued the rule. The election process of the
trade body has been going on since May 30 this year, when election board
of FBBCI declared election schedule. According to the schedule the election
is to be held on August 25. - Ajker Kagoj, 27 July.
Urge
for consulting the Chief Justice
Supreme
Court lawyers in a memorandum urged the government to ensure consultations
with the Chief Justice prior to any appointment of judges to the highest
court of the country. The Supreme Court Bar Association (SCBA) at a general
meeting approved the memorandum, also calling for widening the consultation
system to accommodate the bench as a whole and the bar. The memo urged
that "the consultation system should be widened to take in the views
of the judges of the Appellate and High Court Divisions, the SCBA President,
the Chairman and the Vice-Chairman of the Bar Council and a number of
senior advocates of the Supreme Court". The lawyers urged for an
open selection criteria for appointment. To ensure consistency in the
appointments, they said, the candidates' "abilities should be considered
against settled and published criteria judging the relevant competencies
for selecting the right candidate". In the memo the bar urged the
government to review "immediately" the recent non-confirmation
of additional judges of the SC. - New Age, 27 July.
ABA
to go against Blair Govt. in ICC
The
famous lawyers of Greece are preparing to file case against British Prime
Minister Tony Blair and his govt. in the International Criminal Court
(ICC) for the violation of international laws through the aggression in
Iraq. Athens Bar Association (ABA) demands that they have enough and strong
evidence to held Mr. Blair and his govt responsible. -Inqilab, 30
July.
Lawyers
boycotted courts at Rajshahi
Lawyers
of Rajshahi Bar Association (RBA) on 28th July observed a daylong strike
and staged a sit-in programme to protest the government's adverse attitude
towards the lawyers. All the lawyers of the bar abstained from attending
the courts and took part in the sit-in programme in front of the district
judge's court. They also took out a procession and held a rally on the
court premises. Later addressing a press conference, the lawyers demanded
immediate withdrawal of compulsory submission of income tax return, imposition
of VAT on lawyers and provision of trade license for them. -Prothom
Alo, 29 July.
Ex-bank
staffs punished for fraud
Four
former officials of the Chawkbazar branch of the Pubali Bank in Dhaka
have been sentenced to eight years rigorous imprisonment in a fraud case.
A client of the bank was also sent to three years in jail. The Judge of
the Special Court for Dhaka Division Mohammad Azizul Haq delivered the
verdict. The court found the five guilty of misappropriating Tk 14,43,248
from the bank in February, 1988. A F Jamaluddin, manager of the branch,
filed a fraud case accusing the five on November 18, 1992. -The Daily
Star, 29 July.
Advocacy
for ADR
Legal
experts at a seminar on Alternative Dispute Resolution (ADR) said that
ADR will help to reduce huge backlog of cases . The seminar was organised
by Bangladesh Law Association (BLA) at CIRDAP auditorium. Complaining
the present dispute resolution system as excessively adversarial, lengthy,
costly, prejudiced, unsatisfying, they said the ADR will provide an opportunity
to resolve disputes more efficiently, effectively and amicably in a short
time by finding ingenious methods of best suited to the parties. Chief
Guest of the seminar Chief Justice KM Hasan said that if designed properly
the newly paved ADR will be less adversarial, cheap and informal. Law
Minister Barrister Moudud Ahmed, Barrister Rokonuddin Mahud, Dr. M Zahir,
Mahfuz Anam, Aminur rashid Khan and Zakir Hossain , judges and lawyers
of the Supreme Court and law professionals were present at the seminar.
-Daily Star, 01 July.
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