Law
Week
South Asia Media Commission for free info flow to be set up
South Asian media leaders decided to establish South Asia Media Commission to facilitate free flow of information among Saarc countries while regional foreign ministers promised to liberate their visa regimes for journalists. South Asian Free Media Association (Safma) yesterday at its third conference decided to set up the media commission in New Delhi.
The media commission was set up to respond to attacks on journalists, promote free flow of information and harmonise ethical standards for journalists in South Asia. All the Saarc foreign ministers attended the Safma conference yesterday during the lunch break of the council of ministers meet ahead of the Saarc summit. They pledged to ease visa restrictions for journalists of Saarc countries. Accepting a key demand of media persons, foreign ministers of Saarc nations decided to give visa stickers to 50 journalists from each member country to facilitate their movement within the region. Indian External Affairs Minister Pranab Mukherjee told the conference, "India will initiate the liberalisation of its visa regime for journalists from the region." He said journalists are crucial in strengthening information connectivity among Saarc citizens to form the core of Saarc's base: a South Asian identity, culture and ambition. Immigration officials from Saarc countries will meet within a few months to see how this decision can be implemented, Indian Foreign Secretary Shivshankar Menon said last evening.-- The Daily Star-- April 03, 2007.
HC rulings declaring their detention illegal stayed for a month
The 53 arrested high profile persons, including leaders of both Awami League and BNP, will not be freed from jails soon as the Supreme Court (SC) yesterday stayed for one month the High Court (HC) rulings declaring their detentions illegal. The SC Appellate Division also accepted the government's leave to appeal petitions against the HC order. The appeals will also be heard after a month. The seven-member full bench of the Appellate Division headed by Chief Justice Mohammad Ruhul Amin yesterday passed the order and granted the government's appeal. Many high profile former ministers and lawmakers, businessmen and professionals were arrested after the declaration of the state of emergency and were later detained under the Special Powers Act. The HC had declared the detentions of the 53 arrestees illegal after relatives of the detainees filed separate petitions at different times challenging the detention orders. The SC decided to hold an analogous hearing of the government appeals against the HC orders. Following yesterday's SC stay order, the 53 detainees will have to be inside jails. Besides, nobody will be able to challenge any other detention orders under Section 491 of Criminal Procedure Code until the disposal of the SC order, legal experts observed. Meanwhile, an HC bench yesterday adjourned until April 15 the passing of an order on a provision of the Amended Emergency Powers Rules that bar an accused from appealing for bail. The HC adjournment came following a deputy attorney general's submission saying the government will amend section 19 Gha of the Amended Emergency Powers Rules that bar an accused from seeking bail from a court or a tribunal. The HC bench said in the meantime it will hear the bail petitions as usual.--The Daily Star, April 04, 2007.
Nazmul Huda, Tuku, Salahuddin, Pintu Salim shown held in different cases
Detained former ministers Nazmul Huda, Iqbal Hassan Mahmud Tuku, Salahuddin Ahmed and lawmakers Nasiruddin Ahmed Pintu and MAH Salim were shown arrested yesterday in connection with different cases filed on different dates. The Chief Metropolitan Magistrate's Court, Dhaka passed the orders following petitions for showing them arrested in the cases. --The Daily Star, April 04, 2007.
Campus politics to be banned for good
The government has initiated a move for a permanent ban on politics of students and teachers in public universities and colleges, in a significant bid to restore proper atmosphere for education. Since January 11, all political activities have remained banned under the emergency rules while the University Grants Commission (UGC) is drafting a law that will restrict politics in educational institutions even after the state of emergency is withdrawn, sources said. The education ministry that directed drafting the law, identified students' and teachers' politics as a major obstacle to suitable atmosphere for education. A seven-member high-powered committee headed by UGC Chairman Prof M Asaduzzaman and comprising educationists and legal experts, which is preparing the draft law, is likely to submit it to the education ministry early next month. Apart from imposing a ban on students' and teachers' politics, the draft will include some provisions to ensure accountability of the teachers by introducing a system to evaluate the teachers' performance by the students.
"No students' and teachers' organisations will be allowed to use party slogans and carry out any political party sponsored activities on the university campuses. The law will also be applicable in case of government colleges," the UGC chairman told to The Daily Star. He said the draft law will have provisions to punish anybody if he or she ignores the law. The students and teachers will however be allowed to be involved in 'limited' politics, which will be related to education and improvement of academic atmosphere, Prof Asaduzzaman said, adding that the draft law will also have provisions to allow students and teachers to be involved in political activities if the country faces a critical moment. -- The Daily Star April 05, 2007.
CEC asks govt to lift embargo on indoor politics
Chief Election Commissioner (CEC) ATM Shamsul Huda yesterday asked the caretaker government to withdraw the embargo on indoor politics. The CEC made the request so that the Election Commission can hold dialogue with the political parties seeking their opinion on planned electoral reforms. On the CEC's request made at a meeting with Law Adviser Mainul Hosein, the adviser later told newsmen, "The proposal has merit and it will be raised at the council of advisers for taking a decision." Emerging from the meeting, the CEC said he proposed to the government withdrawal of the embargo on indoor politics. "We are ready to start dialogues with political parties and civil society bodies as soon as the government withdraws the embargo on indoor politics," the CEC said. The EC has already drafted a set of proposals for electoral reforms, Shamsul Huda said. "The proposals will be finalised after holding dialogues with the political parties and civil society. Then we will send those to the law ministry to take necessary steps...But we cannot hold dialogue due to the embargo on indoor politics." The CEC also said he discussed with the law adviser the planned electoral reforms for holding the stalled ninth parliamentary election in a free and fair manner.
In addition to the restriction on political activities following the proclamation of emergency on January 11, the caretaker government on March 7 slapped a ban on all sorts of political activities including indoor politics, processions and meetings across the country until further order. In such a situation, the CEC met the law adviser at his secretariat office.
The council of advisers may discuss the issue (CEC's proposal) at its meeting scheduled for Saturday, the law adviser told newsmen. "The government will have to consider this proposal because it is the government which can allow indoor politics."
Mainul however said the caretaker government is working for a meaningful change of the existing pattern of politics. "We want good leadership to emerge instead of the old ones." -- The Daily Star April 05, 2007.
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