Law
week
Writ petition bares SIM tax anomaly
The government's proposal to slap Tk 1,200 in VAT and supplementary duty on a cellphone SIM card is based on the arbitrary fixing of its untaxed price at Tk 2,172 although each such card costs between Tk 120 and Tk 240 to import.
The capricious tariff fixation prompted the High Court to order the government, upon a writ petition, to explain within four weeks why its imposition of Tk 1,200 in taxes on SIM and RUIM cards and fixing their price at Tk 2,172 would not be declared illegal.
The court in a rule also stayed the statutory regulatory order (SRO) of the National Board of Revenue (NBR) with regard to the petitioner until the disposal of the rule. This means the SRO would not be applicable for the petitioner purchasing a SIM or RUIM card.
The court order follows a writ petition filed by freelance telecoms journalist Abu Saeed Khan, who writes for The Daily Star. The respondents of the case are the NBR chairman, NBR second secretary (VAT Implementation-Goods), Bangladesh Telecommunication Regulatory Commission and its chairman, and Bangladesh, represented by the finance secretary. The petition also named four pro forma respondents GrameenPhone Ltd, Sheba Telecom Ltd, TM International Ltd and Pacific Bangladesh Telecom Ltd.
The petitioner said the NBR's SRO fixed the tariff value for SIM/RUIM cards and new cellphone connections at Tk 2,172 by calculating 35 percent supplementary duty and 15 percent VAT proportionate to Tk 1,200 in total disregard for the original price of these cards, which is arbitrary, illegal and capricious. -Prothom Alo, June 26.
Money laundering Bidisha gets 2 months' bail
The High Court granted two months' bail to Bidisha, the estranged wife of former military ruler and Jatiya Party Chairman HM Ershad, in a money laundering case filed by the government.
Apart from granting the ad interim bail, the court also issued a rule on the government to show cause within eight weeks as to why the petitioner should not be granted regular bail in the case. The bail order prompted the government to file a criminal miscellaneous petition in the Appellate Division yesterday against the order. The laundering case is the fourth to have been filed against Bidisha, who on rejection of her bail petition in a lower court, filed the petition with the higher court on June 21.
The court heard the bail petition on June 22 and directed the attorney general's office to present relevant information and documents regarding the money laundering before it.
Additional Attorney General Abdur Rezzak Khan told the court during yesterday's hearing that Bidisha deposited Tk 26,73,71, 746 in seven accounts of five foreign and one local banks.
Khan noted that Bidisha faces serious allegations of laundering money abroad and the state gets into trouble if money is laundered. The court, however, observed that having money in different bank accounts does not mean money is laundered. It added that the government has extended the opportunity for whitening black money for another year and so, if Bidisha's money is black, she may still avail herself of this opportunity. -The Daily Star, June 26.
SC stays HC verdict on RU recruitment
The Supreme Court stayed for six weeks the operation of Saturday's High Court verdict that had upheld the temporary injunction by lower court on the controversial appointment of 546 class three and four employees by Rajshahi University in April last year.
The stay order came upon a petition moved by AF Hassan Ariff, counsel for the university, before chamber judge Amirul Kabir Chowdhury as he preferred leave to appeal against the HC verdict. -UNB, Dhaka, June 26.
SC Bar adopts resolution on CJ
The Supreme Court Bar Association (SCBA) accused the chief justice (CJ) of misusing his constitutional power by constituting and reconstituting High Court benches and moved to file a lawsuit for an end to the practice. It said Chief Justice Syed JR Mudassir Husain should apply his constitutional power so that the independence of the High Court judges is never called into question. The Bar Association at an emergency general meeting presided over by its President Advocate Mahbubey Alam adopted a resolution to take legal steps to resolve the issue.
The meeting held at the Supreme Court Bar Building observed that in many instances the chief justice was seen changing the jurisdiction of certain High Court benches all on a sudden immediately after they issued rules or orders in some sensitive cases. The chief justice should execute his constitutional power in a way so that the High Court judges face no interference in the administration of justice and no question is raised about their independence, the meeting in its resolution said.
The chief justice has the constitutional power to constitute or reconstitute the benches, but the manner in which he has done this in some cases points only to his misusing this power, the Bar observed.- The Daily Star, June, 29.
US official stresses protection for Ahmadiyyas
US Deputy Assistant Secretary of State for South Asia John A Gastright Jr. yesterday stressed the need for ensuring protection for the Ahmadiyyas as they are increasingly being 'victims of persecution' across the country. The deputy assistant secretary also said he believes the Bangladesh government is capable of taking tougher measures in this regard.
"We are deeply concerned about 19 incidents of attacks on the Ahmadiyyas in last 21 months and we know that the government has the ability to protect them (Ahmadiyyas)," Gastright said, after a meeting with Ahmadiyya leaders in Dhaka. On visiting Ahmadiyya Muslim Jamaat Bangladesh's (AMJB) headquarters, he said he is anxious for the Ahmadiyyas after learning from the newspapers about the 'terrible atrocities on them'.
"We feel the government needs to uphold the rights of all people including the Ahmadiyyas, and the United States will keep a close watch on how the situation develops." It is important that the government shelters the people who are weak and understrength, he told reporters.He said top Bangladesh government officials gave US Under Secretary Nicholas R Burns assurance that they will act to protect the Ahmadiyyas and their rights.-The Daily Star, June 29.
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