Law
Week
Faizee's Removal
Supreme Judicial Council might be formed
A Supreme Judicial Council is likely to be formed soon to resolve the issue of controversial High Court (HC) Judge Faisal Mahmud Faizee who has yet to resign despite cancellation of his LLB certificate. "We are seriously thinking of forming a Supreme Judicial Council against him," Law Adviser Mainul Hosein told reporters at his office. He however hopes that Faizee would step down voluntarily before that. Referring to cancellation of certificates of 2,350 people for tampering with their mark sheets, he said, "That the decision came after 18 years is not supportable either." He added that the government plans to act against the Chittagong University (CU) authorities for delay in revoking the certificates. The CU authorities on March 11 published a gazette notification cancelling LLB certificates of 50 including Faizee. Earlier on March 3, the university syndicate took the decision to cancel the certificates on charge of doctoring mark sheets. The embattled judge was taken off the cause list amid a growing clamour for his resignation. He has not attended his court since March 4. He filed a writ petition with the HC on Thursday challenging the legality of the CU syndicate's decision. Recently, the law adviser told The Daily Star that he thinks there is no room for Faizee to continue as a judge. The Daily Star, March 19.
Decision to form national HR body
The council of advisers approved in principle a National Human Rights Commission (NHRC) to be formed, and decided to amend the Money Laundering Prevention Ordinance 2007 and the Banking Companies Act, 1991. Headed by Chief Adviser (CA) Fakhruddin Ahmed, it also decided to approve the purchase guidelines for buying electricity from captive power plants. CA's Press Secretary Syed Fahim Munaim briefed reporters on the council's meeting at the Press Information Department auditorium. The council ordered formation of a committee to look into details of the proposed NHRC. The cabinet secretary will head the committee to be comprised of the secretaries of law, home and foreign ministries. The foreign ministry proposed establishment of the commission that had been approved in principle by successive governments, said Fahim. Setting up a human rights commission was an electoral pledge of the BNP-led four-party alliance. Currently, a number of fundamental rights remain suspended and indoor politics banned under a state of emergency. The Daily Star, March 20.
HC stays CU gazette on certificate cancellation
The High Court (HC) stayed operation of the gazette notification of Chittagong University (CU) canceling LLB certificate of Justice Faisal Mahmud Faizee for tampering with his examination results. Passing the stay order, the HC issued a rule upon the university authorities to explain why their action in canceling the certificate of Faizee should not be declared "illegal". Making the rule returnable within two weeks, the court asked the CU authorities to produce the tabulation sheet of Faizee's examination marks during the next hearing. The court order came following a writ petition filed by Justice Faizee challenging legality of the CU action against him. In his writ petition, Faizee challenged the validity of the CU Syndicate meeting's decision that cancelled his LLB certificate for "tampering" with his examination results and subsequent gazette notification in this regard. On March 3, the CU Syndicate in its special meeting decided to scrap a large number of certificates on inquiry committee's reports. On March 11, the controller of examinations of the university published a gazette notification canceling 50 LLB certificates, including that of Faizee, after the syndicate had approved the inquiry reports. Unb, Dhaka, March 20.
Non-submission of Wealth Statements
ACC prepares to sue 12 graft suspects
The Anti-Corruption Commission (ACC) is preparing to file cases against 12 corruption suspects out of 15, who did not submit their wealth statements within the ACC's stipulated timeframe. ACC Commissioner Habibur Rahman confirmed this, saying that the 12 will face charges of non-submission of their wealth statements. They are -- Harris Chowdhury, political secretary to former prime minister Khaleda Zia, Giasuddin Al-Mamun, business partner of Khaleda Zia's son Tarique Rahman, former Awami League (AL) state minister Mofazzal Hossain Chowdhury Maya, former AL whip Mostafa Rashidi Suja, former AL MPs Shamim Osman, Moqbul Hossain, Mirza Azam and Joynal Hazari, Jubo League Chairman Jahangir Kabir Nanak, Munshiganj AL leader Mohiuddin Ahmed, Bashundhara Group Chairman Ahmed Akbar Sobhan (Shah Alam) and former National Board of Revenue (NBR) member Zahurul Haque. The name of three others, AL leaders and former parliament members -- Abdul Hasnat Abdullah, Akhteruzzaman Chowdhury Babu and Haji Selim -- were dropped as the High Court (HC) recently ordered the ACC to receive their wealth statements from their representatives. Prothom Alo, March 20.
Court accepts charge sheet against Tarique, Apu
A Dhaka court accepted a charge sheet in the Tk 1-crore extortion case against Tarique Rahman and his close aide Mian Nuruddin Apu. Metropolitan Magistrate Abdur Rouf Khan of the Speedy Trial Court-2 also issued an arrest warrant against Apu and ordered to attach his moveable and immovable properties for not surrendering to the court. He directed the authorities concerned to report back by March 29 on the progress in execution of the order [for arrest and property attachment]. Amin Ahmed, owner of Al-Amin Constructions, filed the case against Tarique, eldest son of Khaleda Zia and senior joint secretary general of BNP, on March 8. Gulshan police submitted the charge sheet to the Court of Chief Metropolitan Magistrate (CMM), Dhaka showing 12 people as prosecution witnesses. The investigation had been completed in seven workdays as per provision of the Speedy Trial Act. The Daily Star, March 20.
Emergency Powers Rules Amended
The government promulgated an amendment to the rules under Emergency Powers Ordinance 2007, suspending the rights to appeal for bail and seek redress from any higher court until a case is resolved in trial court. The amendment also gives sweeping powers to the Anti-Corruption Commission (ACC) to investigate, arrest or seize property by itself without the permission of the government or the official appointed by it. The government issued a gazette notification promulgating the amendment with a retrospect effect from February 13. According to the amended law, an accused will not be able to file a bail petition during the investigation or trial of a case. Additionally, an accused will not be able to seek redress from any higher courts against any order given by any court or tribunal before or during the trial--until the delivery of the final verdict. -The Daily Star, March 22.
Corresponding with the Law Desk
Please send your mails, queries, and opinions to: Law Desk, The Daily Star 19 Karwan Bazar, Dhaka-1215; telephone 8124944,8124955,fax 8125155; email: dslawdesk@yahoo.co.uk,lawdesk@thedailystar.net
