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August 03, 2003 

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  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Female Traffic Police withdrawn from duty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 They had to be withdrawn in the absence of restrooms and sheds near the places where they were posted.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 However, no official announcement was made as they were withdrawn temporarily. Also the DMP commissioner rejected that they were withdrawn under political pressure.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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