<%-- Page Title--%> Law Letter <%-- End Page Title--%>

October 26, 2003 

Ban smoking in public place
Smoking is detrimental for health. Medical science is trying to explore the remedial line of attack of injurious elevation of smoking but failed still now. In most of the public transports intestines, it has written noticeably, "Please don't smoke into the vehicle". But unfortunately many passengers don't tag on the written direction. Smoking into the carrying is not only destructive for the smoker but it is also by the same token injurious for the above and beyond passengers. Those who are never touch the smoking; smoking into the sedan is very nauseating for them. More than one year ago Indian Supreme Court prohibited smoking into the public transport and if anyone would go against this verdict, then he/she must be got pecuniary penalty. Can we expect such an outcome from our Supreme Court/ Government to make illegal smoking into the public transport?
Md.Zillur Rahaman,
MSS Economics,Dhaka University.

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Three and a half crore years are needed!
A recent study conducted by the general secretary of Bangladesh Economic Association in collaboration with Association for Land Reform and Development (ALRD) a non-government development organisation on land disputes in Bangladesh, its socio-economic perspective and disposal process. The study exposes some unbelievable facts relating to the present number of pending cases in the courts, speed of their disposal and its economic impact largely on the nation. According to the survey report, there are almost 32 lakh pending cases in the courts throughout the country and the number of people entangled with this cases are about 14 crore, more than the net population of Bangladesh. And surprisingly 90% of these backlog cases directly or indirectly relates to land disputes. These huge number of pending cases cost the litigants about 29 thousand crore taka every year which is two times as the net amount of our GDP.
If the present speed of disposal of cases continues and no new case is lodged from right now, it will take almost three and a half crore years for the complete disposal of the pile of backlog cases!
As the saying goes -- justice delayed is justice denied, justice has really been denied to the litigants of these pending cases and consequently this poor country has been the victim of unimaginable amount of litigation cost which is quite unbearable for her.
Confidence of the common people of getting speedy trial is being smashed day by day. Nevertheless, thousands of new cases are being lodged in the courts every month for the most trivial reasons creating more pressure over the already over-pressurised courts. Now to discover a way out, this trend of going to the court for the pettiest disputes has to be stopped anyway. Most of the land related disputes could easily be disposed of in the village by arbitration. Recently formed village government can be of help in this regard. Alternative Dispute Resolution (ADR) process has already been incorporated in our case disposal system. It's a good sign. Now intensive use of ADR must be ensured in almost all-possible cases. Speedy trial court may also be introduced in the case of civil matter.
Md Rezaul Karim,
LL.B (3rd Year), Dhaka University.

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Voice of a student of RU
I feel proud studying law. We are really lucky that our class is taking regularly comparing to other department. I firstly mention that the academic syllabus is totally outdated. The order of the course in different class is not properly settled. As for example, it is unnecessary to teach Roman Law in the first year. On the other hand jurisprudence is a critical subject which is not fit for the first year students. It should be taught in third year. Again easy subjects like Equity and Trust, Contract Law should be taught in first year. Some new courses like business law, medical jurisprudence should be introduced in the department. CPC, CrPc and Penal Code should be taught in fourth year. Because after completing L.L.B. (Hons) Degree, most of the students prepare for 'Bar Council' Enrolment examination.
Teaching method is not student friendly in our department. We have law clinic. But in law clinic we don't have learned the procedural laws. Procedural laws should be taught by the practising lawyers. They are in the right position to make the students understood nicely. It will motivate the students to be a social engineer.
There are some problems in the department. Our seminar does not have sufficient books, journals and in some cases there is only one copy of particular book. Another thing the department has very poor record of publishing journals and organising cultural programmes. The department should initiate seminar or open discussion on legal issues in different classes. Every year 'RUALF' (Rajshahi University Association of Law Finders) organises cultural programmes. But it is not sufficient. We are just going to be a lawyer in the narrow sense.
Md Abu Bakar Siddique Palash,
Student (LLM), Rajshahi University.

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Waiting for separation of the judiciary
Article "22"of the Constitution of Peoples Republic of Bangladesh enunciates that there should be a Separate Judiciary from the executive organs of the state and such separation should ensured by the State itself. So separation of judiciary is not a mere provision as it incorporates in the (Part II) Fundamental Principles of State Policy. The words 'state shall ensure' makes it clear upon whom lies the burden to separate the Judiciary and it's not other than the Government. But, we feel shame on us that no Govt. has taken any initiative to separate Judiciary. More over the practice of the Democratic Governments is more painful as they have shown upper hand than the military regime not to separate the Judiciary from executive. Several times it happens that the political parties uphold this issue as a main objective of their election manifesto but when they form the Govt. they forget the matter and let us to remember the fact with sorrow. Separate judiciary is the sine qua non and pre-requisite to protect individual rights in a civilised society. The present govt. should immediately take all necessary steps to separate judiciary in conformity with the directions of the Supreme Court.
Abu B. Siddque
Student of Law, Dhaka University.