Law
week
Three DU teachers challengeconviction
The three Dhaka University (DU) teachers convicted in connection with the August, 2007 campus unrest and then released on presidential clemency filed separate appeals yesterday challenging their conviction.
Prof Sadrul Amin, president of Dhaka University Teachers' Association (Duta), Prof Anwar Hossain, general secretary of Duta and Prof Harun-or-Rashid, dean of the DU Social Science Faculty, filed the appeals at the court of Metropolitan Sessions Judge Mohammad Azizul Haque. After a long hearing, the judge accepted the appeals and fixed April 2 for the next hearing. Moving the appeals, advocates Masud Ahmed Talukder, Shafiul Bashar Bhandari, Mosleuddin Jasim and Abdul Mannan Khan told the court that they filed the appeals against the conviction order but not against the president's order. The president's order only ensured that the teachers would not have to serve jail terms and their conviction was not set aside, the lawyers said adding that the teachers would be unfit to contest any election if their conviction is not quashed. Opposing the appeals, Metropolitan Public Prosecutor Ehsanul Haque Samaji told the court that the appeals would not be maintainable at this stage, as they had come to a higher court against the president's order. -The Daily Star, February 27, 2008
Criminal courts start in CHT in 10 days
In efforts to ensure access to justice for the hills people, sessions courts will start functioning in the three districts of Chittagong Hill Tracts (CHT) within next 10 days. To be set up as a stopgap measure, they will only deal with criminal charges while the divisional commissioner and deputy commissioners (DCs) will continue taking care of civil matters until the government introduces civil courts after amendments to the existing laws. As part of the provisional arrangements, Chittagong district judge, metropolitan sessions judge and special division anti-corruption judge might be assigned to run sessions court in Rangamati, Bandarban and Khagrachhari at least once a week. It will be in addition to their regular duties. After meeting Law Adviser AF Hassan Ariff and Supreme Court (SC) Registrar Iktedar Ahmed Wednesday, a delegation of CHT bar said the government had assured them of bringing about the necessary amendments in two months. People in the hill tracts have little access to justice with no district or sessions judge's court instituted even after 36 years of independence. An amendment to the regulation in 2003 made it mandatory for the government to establish district and sessions judge's courts in the region, but that has yet to be implemented. Meanwhile, the High Court yesterday directed the government to set up civil and criminal courts run by judicial officers in the CHT within a year to implement the Chittagong Hill Tracts Regulation (Amendment) Act, 2003. It also ordered the government to establish tribunals for preventing repression on women and children in the three hill districts within the same period. The judgment came in response to a public interest litigation filed by Bangladesh Legal Aid and Services Trust and three lawyers. The sessions courts, once off to a start, will spare the locals the trouble of trekking all the way to Chittagong for trial. -The Daily Star, February 25, 2008.
HC decides not to extend detentions of SQ Chy, Salman
It is becoming exceedingly difficult for the government to keep high profile corruption suspects in detentions as the High Court has decided not to extend the duration of a number of such detentions under Special Powers Act. Prison authorities last night received letters from the home ministry which said two high profile corruption suspects' detentions had not been extended. The two high profile corruption suspects however are to remain in jail since they are also under arrest in connection with several other cases against them. - The Daily Star, February 25, 2008.
New law on cards to recover assets abroad
The government will soon promulgate a new anti-money laundering ordinance to confiscate and recover the assets siphoned out of the country. Under the rule, the state or in some cases Bangladesh Bank (BB) will be able to sign memorandums of understanding, multilateral or bilateral contracts and conventions with other governments and organisations. The law ministry has already vetted the draft prepared by the central bank and will send it for approval of the advisory council shortly, said sources.If approved, the ordinance will allow the government to seek help from any country and assist investigative agencies to probe crimes linked to money laundering, confiscate laundered money and have recourse to law. Besides allowing collection or exchange of relevant documents, intelligence and witnesses to locate, freeze or confiscate the assets obtained and sent abroad illegally, the rule will enable the countries concerned to share those recovered. According to the draft ordinance, upon requests from the BB, the courts here can order organisations concerned to comply with instructions of a foreign court to confiscate or return the laundered funds or assets to where they belong.In reply to an investigation agency's application, the court can also order for attachment or freeze of the money at home and or abroad. "As a result, recovering smuggled money will become much easier," the ordinance reads.Similarly, the government can request other countries to sign contracts to implement orders of Bangladesh courts. According to the draft ordinance, the courts will not take cognisance of any money laundering case without the sanction of Anti-Corruption Commission. With the money laundering prevention rule in force, there will be no barrier for the central bank to seek cooperation from the financial intelligence units (FIUs) of other countries or provide them with similar support. According to intelligence, huge sums have been siphoned off to Malaysia, Singapore, Hong Kong, the United Arab Emirates, the United Kingdom and the United States over the last few years. But in absence of an appropriate anti-money laundering act, the government could not yet sign any deal with those countries to recover the money.-- The Daily Star, February 24, 2008.
Corresponding with the Law Desk
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