Law
week
Emergency out, rights in
The nation has its fundamental rights reinstated after around two years as an ordinance promulgated by the president Monday ends the state of emergency.
Another ordinance decreed the same day repeals the Emergency Powers Ordinance 2007 and Emergency Powers Rules 2007. The laws were proclaimed to enforce the state of emergency declared on January 11 last year amid political turmoil over the ninth parliamentary polls then scheduled for January 22.
The revoking ordinance carries some saving clauses meant to be helpful to the anti-graft measures taken under the emergency rules. With the departure of emergency rule, articles 36, 37, 38, 39, 40 and 42 of the constitution get back into operation. They concern the freedom of movement, assembly, association, thought and conscience, speech, profession or occupation, and rights to property. Political parties and candidates will carry out electioneering for the December 29 general election without having to face any restrictions. -The Daily Star, December 17, 2008.
War crime bill in first JS session
Every citizen has the ultimate weapon of vote to fight out war criminals and they must use it to prove Bangladesh a country of freedom fighters, said sector commanders and freedom fighters at a Victory Day programme.
Urging people to vote freedom fighters in the upcoming polls, speakers also said freedom fighters have been "exploited" by political parties since independence. “A bill must be brought at the first session of the next parliament to try war criminals,” Sector Commander Maj Gen (retd) KM Shafiullah also urging people to bring freedom fighters in the parliament.
"The ultimate weapon to fight war criminals is in the hand of every citizen who has the power to vote. Every citizen has become a fighter with that weapon. And they must learn everything about war criminals and make sure they don't have access to our sacred parliament," said Sector Commander Lt Col (retd) Abu Osman Chowdhury.
The nation celebrated 37 years of liberation, saluting the valiant sons and daughters of the soil who made the supreme sacrifice in the Liberation War in 1971 for an independent and modern democratic state. -The Daily Star, December 17, 2008.
Faulty Saving Clause
Flawed saving clauses in the newly promulgated ordinance that repeals the emergency power ordinance and rules, make uncertain the fate of ongoing anti-graft activities initiated under the state of emergency, according to legal experts.
A saving clause is a provision in a statute or contract which makes sure if any clause is determined to be unenforceable, the remainder of the statute or contract will remain intact and enforceable. The saving clauses in the new ordinance allow incomplete activities like investigations, inquiries, and trials, which were initiated under the now repealed emergency powers rules (EPR), to be completed under ordinary laws of the land.
But legal experts argue, all of the incomplete tasks are supposed to be allowed to be completed under EPR even after its repeal by the new ordinance. -The Daily Star, December 17, 2008.
Charters of contrast pledged
The Daily Star analysed some selected components of the election manifestos of both Awami League (AL) and BNP. These important socio-political issues are the parties' commitments about anti-corruption drive, the judiciary, human rights, minority nationalities and religions, and fighting crime, terrorism, and religious fundamentalism.
While both parties generally agree on uprooting corruption from the society, upholding an independent judiciary and human rights, protecting the rights of the minority nationalities and religions, eradication of crime, and fighting religious extremism a wide difference in expressions emerge through a closer look.
The BNP's manifesto remains general about all the issues, sometimes even self-contradictory and uninventive. In contrast, the AL manifesto attempts to be stronger and more specific on the issues especially in emphasising secularism, and in fighting religious extremism and corruption. -The Daily Star, December 16, 2008.
Azam seeks to drop case against Hasina
Businessman Azam J Chowdhury will discontinue the extortion case he filed against Awami League (AL) President Sheikh Hasina and her cousin Sheikh Fazlul Karim Selim about one and a half years back.
He already submitted an application to the home ministry, seeking an executive order for withdrawal of the case through the court concerned. Speaking at a press briefing at his Gulshan office at around 11:00am, he said, “The case against Sheikh Hasina and Sheikh Selim was filed due to some misunderstanding in the adverse circumstances prevailing at that time.”
Azam, managing director of East Coast Trading Ltd, termed the filing of the case an undesirable experience for him. Replying to a query, he said, "I'm withdrawing the charges as a matter of principle, and out of respect for democracy and fundamental rights. I hope this would put an end to all misunderstanding."
-The Daily Star, December 15, 2008.
Advisers okay emergency withdrawal
The Council of Advisers of the caretaker government approved the Emergency Powers Repeal Ordinance 2008 to lift the state of emergency declared on January 11, 2007 in the wake of political turmoil.
In pursuance of a prior government declaration, the annulment of the emergency ordinance will be effective from December 17, in the run-up to the December 29 national elections. A meeting of the council of advisers with Chief Adviser Fakhruddin Ahmed in the chair also approved a proposal for complete withdrawal of the state of emergency.
The meeting gave final approval to another major legal instrument-the Judicial Service Secretariat Ordinance 2008-for establishing an independent secretariat for carrying out secretarial activities of the judicial service.
After the meeting, CA's Press Secretary Syed Fahim Munaim told newsmen that the council also approved the Chartered Secretaries (Amendment) Ordinance 2008. The meeting also gave final approval to Bangladesh Telecommunications (Amendment) Ordinance 2008. -The Daily Star, December 15, 2008.
EC bends laws to clear nomination of BNP's Enamul
The Election Commission (EC) has cleared the candidature of BNP nominee Dr Enamul Haque in Rajshahi-1 constituency ignoring the electoral laws that clearly disqualify him from contesting the upcoming parliamentary election.
Enamul, also former inspector general of police, was appointed a member of Bangladesh Law Commission in November 2004 on a three-year contract that expired on November 28 last year. As per the new electoral laws, Enamul, who was entitled to salary, allowances and other facilities of a High Court judge during his service in the law commission, will not be eligible to contest the parliamentary election before November 28, 2010.
Article 12 (1) (h) of the Representation of People Order (RPO) says a person shall be disqualified from contesting election or being a member of parliament if he or she has been appointed on contract to the service of the Republic or of any statutory public authority or of the defence service unless a period of three years elapses since the expiry or termination of such contract. -The Daily Star, December 14, 2008.
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
