Law
week
HC rejects writ against Rajuk's demolition order
The High Court summarily rejected a writ petition challenging a Rajuk notice that asked Jamuna Future Park Shopping Complex authorities to demolish the unauthorised top four floors of the 10-storey building. The High Court (HC) bench of Justice AHM Shamsuddin Chowdhury Manik and Justice Borhan Uddin passed the order on the ground that the writ petition is not maintainable since there are some disputed questions of fact in the application, which cannot be resolved in the writ jurisdiction.
- The Daily Star, February 4, 2010.
Constitution to get back on '72 track
The Supreme Court dismissed two petitions contesting the High Court verdict that declared the constitution's fifth amendment illegal. In so doing, it upheld the historic HC judgment delivered around four and a half years back. Chief Justice Md Tafazzul Islam pronounced the one-sentence ruling. In a courtroom filled to the brim, he read, “The petitions are dismissed with modification and observations." On August 29, 2005, the bench of Justice ABM Khairul Haque and Justice ATM Fazle Kabir delivered the landmark HC judgment. -The Daily Star, February 3, 2010.
Govt happy
The law minister and the attorney general have said the original spirit of the Liberation War and the four principles of the 1972 Constitution have been restored following order on the Fifth Amendment by the Supreme Court. "Democracy", "socialism", "secularism" and "nationalism" were the four principles of the state as per the 1972 Constitution. The petitioners' counsels advocate TH Khan and Barrister Moudud Ahmed have meanwhile said the SC has "accepted and considered" their arguments and submissions, as the apex court has rejected their petitions with some modifications and observations. They claim the SC did not fully uphold the High Court verdict. - The Daily Star, February 3, 2010.
Constitution lost basic character
The fifth amendment ratified all actions including those that destroyed the basic character of the country's constitution and made it subordinate to martial law proclamations, orders and regulations made during around four years after August 15, 1975. Amendments, additions, modifications, substitutions and omissions were indiscriminately made to the constitution during the martial law regime that began immediately after the brutal assassination of Bangabandhu Sheikh Mujibur Rahman on that day. - The Daily Star, February 3, 2010.
The fifth amendment
Parliament had hurriedly passed the Constitution (Fifth Amendment) Act, 1979, ratifying and confirming all martial law proclamations, regulations and orders, and other laws made between August 15, 1975 and April 9, 1979. Constituted through the general election of 1979, the first session of the then new parliament was convened on April 1, 1979. The parliament dominated by then newly-created BNP, led by military ruler Ziaur Rahman, who first assumed the office of chief martial law administrator and later the office of the president, passed the amendment act on April 6, 1979, declaring that all actions to have been made legally. - The Daily Star, February 3, 2010.
Govt now shifts focus to war crimes trial
Having completed the execution of five killers of Bangabandhu, the government is now making preparations to start the process for the long awaited trial of the war criminals of 1971. The government is planning to start formal investigation against war criminals early March. The tribunal and other relevant offices for the trial will be completed within this month. Sources said the government is collecting documents and evidence of the offences committed during the nine-month Liberation War of the republic in 1971. - The Daily Star, February 2, 2010.
HC rule on govt to keep 30pc quota
The High Court issued a rule upon the government to explain within three weeks why it should not be directed to preserve 30 percent quota in the posts of health assistants for the children of freedom fighters. The HC bench of Justice AHM Shamsuddin Chowdhury Manik and Justice Borhan Uddin issued the rule upon a writ petition filed by Tyebur Rahman, a freedom fighter. Tyebur filed the petition seeking a direction from the HC upon the government to preserve the quota. - The Daily Star, February 2, 2010.
JS body sends back CrPC bill to ministry
The parliamentary standing committee on law ministry has sent the Criminal Procedure Code (amendment) Bill 2010 back to the ministry for further clarification with a view to preventing harassment of journalists. The JS body at a meeting also asked the ministry to cancel warrant orders in defamation cases against journalists and publishers. However, Suranjit Sengupta, chairman of the committee, said that what the general mass would do if journalists and writers harass them. - The Daily Star, February 2, 2010.
Murder convict becomes lawyer!
Rapid Action Battalion arrested a fugitive sentenced in 1997 to life imprisonment in a murder case who has been practising as a lawyer at Dhaka Judge's Court for the last 14 years. The Rab-4 arrested Mohammad Sirajul Islam alias Siraj Matbar on the court premises. In Rab custody Siraj said he fled to the capital from his Charchakandi village of Palong upazila in Shariatpur district soon after the killing took place on March 27, 1990 in the village. - The Daily Star, February 1, 2010.
Pilkhana to hold 10 trials in February
Departmental trial of the accused mutineers of Bangladesh Rifles is expected to start at 10 separate points of the Pilkhana headquarters in less than a month. The authorities have already started readying the 10 points at five battalions and five units inside the HQ by February 25, say insiders. The ten points where the trial will be held are Rifles headquarters battalion and BDR 24, 36, 13, and 44 battalions, Dhaka sector headquarters, BDR hospital, Rifle Security Unit (RSU), Signal Sector and Rifles Sports Board.- The Daily Star, January 31, 2010.
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