6 additional judges’ tenure to expire on Nov 15

Mohammad Ali

The tenure of six additional High Court judges, appointed during the last military backed caretaker government, will expire on November 15 this year.

‘Whether they will be made permanent judges of the HC Division or their appointments will be extended for more one term' depends on the decision of President Md Zillur Rahman.

If the President does not take any decision about the additional judges' fate, then they will not be seen at the benches of the HC after the date, according to sources.

Jatiyabadi Ainjibi Forum to observe agitation programme on Nov 1

BLHouse Report

Jatiyabadi Ainjibi Forum (JAF) in Bangladesh on October 28 declared to observe agitative programme across the country on November 1 protesting the government's tyranny rule.

JAF will protest politicisation in the judiciary, the government's inference in different cases, harassing transfer of the Judges and the government notice to vacate Khaleda Zia's cantonment residence.

HC directs govt not to restrict Kh Mahbub to go abroad

BLHouse Report

The Bangladesh High Court (HC) on October 28 directed the government not to restrict Advocate Khandker Mahbub Hossain, President of the Supreme Court Bar Association (SCBA), to go abroad.

The HC passed the order following a Writ petition filed by Khandker Mahbub, also an advisor to the opposition BNP chairperson Khaleda Zia, seeking the court's directive upon the government to allow him to go abroad.

HC rejects Pintu’s Writ petition

BLHouse Report

The High Court (HC) of Bangladesh on October 28 rejected a Writ petition of quashing proceedings of a case filed against former BNP lawmaker Nasiruddin Ahmed Pintu for misappropriating relief tins.

Following the HC verdict, the case against Pintu will continue at the lower court, lawyer of Anti Corruption Commission (ACC) Advocate Khurshid Alam Khan told reporters.

Oath to 2 controversial judges, CJ be responsible if SC heated: SCBA

 Khandker Mahbub Hossain

BLHouse Report

The President of Supreme Court Bar Association (SCBA) of Bangladesh, Advocate Khandaker Mahbub Hossain, on Wednesday again warned that if the situation in the Supreme Court is heated for administering oath to two controversial High Court judges, the Chief Justice will have to bear the responsibility.

After meeting with Chief Justice ABM Khairul Haque on the issue, Khandaker Mahbub told reporters at his office in the SC that the country's lawyers would not accept sworn in of the two judges.

The SCBA President reiterated the warning at a time when the Chief Justice is taking opinions of the bar leaders and some other SC senior lawyers to set his mind how to resolve the issue, sources said.

ACC case against Nanak to continue

bdnews24.com, Dhaka

The corruption case against LGRD State Minister Jahangir Kabir Nanak will continue as the Appellate Division has stayed the High Court injunction over the case, defendant lawyers have said.

A three-member bench led by Chief Justice A B M Khairul Haque, gave the order on Tuesday upon a petition filed by the Anti-Corruption Commission (ACC).  

SC upholds bail order of Mahmudur

Mahmudur Rahman

BLHouse Report

The Appellate Division of the Supreme Court on October 26 upheld a High Court order that earlier granted bail to detained Amar Desh Acting Editor Mahmudur  Rahman in a case filed for obstructing police to discharge their duties.

The three-member Appellate Division bench headed by Chief Justice ABM Khairul Haque passed the order rejecting a government appeal.

On June 2 this year, police filed the case against Mahmudur Rahman with Tejgaon Police Station on charge of obstructing police the previous night while they were moving to shut down the Bengali daily newspaper and arrest him.

Bangladesh HC observation: President can appoint CJ on seniority basis



Bangladesh Supreme Court

 BLHouse Report

The High Court on October 26 observed that the President alone can appoint any eligible person as the Chief Justice of Bangladesh.

If the President appoints the Chief Justice considering merit, not seniority, there is no provision in the Constitution to compel the President explain reasons, the HC observed.

A bench of the HC comprising Justice Md Imman Ali and Justice Obaidul Hasan cited it disposing of a public interest Writ petition with some observations.

In the observations, the court said that there was no provision in the Constitution for appointing the Chief Justice on seniority basis.

After reading different articles of the Constitution, it deemed that the President alone can appoint any eligible person as the Chief Justice of Bangladesh, the court said.

But, if the President wants, he can consult with any person in this regard, said the HC observation.

Four SC lawyers filed the Writ on August 22 this year seeking a rule as to why a direction should not be given not to violate seniority in appointing Chief Justice without publicly disclosing specific reasons behind such violations.

The lawyers are- Barrister Hassan M Ajim, Advocate Abdus Salam, Barrister Md Reaz Uddin and Barrister Sakila Farzana.

According to Article 95(1) of the Constitution, "The Chief Justice and other Judges shall be appointed by the President."

Article 95(2) state, "A person shall not be qualified for appointment as a judge unless he is a citizen of Bangladesh and- (a) has, for not less than ten years, been an advocate of the Supreme Court; or (b) has, for not less than ten years, helf judicial office in the territory of Bangladesh; or (c) has such other qualifications as may be prescribed by law for appointment as a Judge of

the Supreme Court."

BANGLADESH: Police tortured a man to death in custody and authorities cover it up as suicide to provide impunity to perpetrators

CUSTODIAL DEATHS

View HERE

Housing plots for the cricketers: Public land should not be available for private gifts

BLHouse Collection

The Prime Minister Sheikh Hasina while according a reception to the victorious Bangladesh Cricketers at her official residence the other day announced the gift of a housing plot in the capital and a car to every player of 20-member team.

Cheques for Taka one lakh each presented by Exim Bank Ltd. and South East Bank Ltd. were handed over to members of the team. The premier also handed over the key of a car given to acting captain of the team Sakib Al Hasan by the Exim Bank.

The reception followed the triumphant 4-0 victory of the Tigers in the one-day series against the New Zealand cricket team which they whitewashed.

Senior lawyers on oath to two judges : New CJ not involved in consultation or controversy

New Nation Report

A new question being raised by some senior lawyers of the Supreme Court is whether the new Chief Justice is under constitutional obligation to administer oath as he was not party to the constitution process with the President in respect of the two judges appointment earlier and against whom objections were voiced by the Supreme Court Bar Association.

What kind of consultation took place between the President and the now retired Chief Justice Mr. Mohammad Fazlul Karim and why he did not administer oath to those two judges are not matters known to the new Chief Justice Mr. A.B.M. Khairul Haque.

ACC corruption cases will continue

UNB, Dhaka

The Appellate Division of the Supreme Court on October 24 passed separate orders clearing the way for the trial courts to resume proceedings of the corruption cases against ex-adviser to a caretaker government Justice M Fazlul Huq and former ministers Sheikh Fazlul Karim Salim MP of Awami League and Mirza Abbas of BNP.

A 3-member Appellate Division bench, headed by Chief Justice ABM Khairul Haque, passed the orders upon petitions filed by Anti Corruption Commissions (ACC), overruling the High Court orders that had halted the proceedings of the cases.

Rule on Govt for imposing tax on varsities

BLHouse Report

The High Court (HC) yesterday issued a rule upon the government to explain why imposing 15 percent income tax on private universities and medical and dental colleges should not be declared illegal.

The rule is returnable within two weeks.

The court also stayed a notice, for two months, issued by National Board of Revenue (NBR) upon the North South University (NSU) to pay 15 percent tax in advance from its yearly income.

8th amendment challenge to be revived

Eighth Amendment

BLHouse Report

The concerned lawyers didn't mention the Writ petition, filed 22 years ago challenging legality of the Eighth Amendment to the Constitution that included 'Islam' as state religion, with High Court for not getting suitable bench.

Advocate Subrato Chowdhury, one of lawyers in the Writ petition said, "We are observing the situation and will mention the Writ petition with the HC after consulting with our lawyers."

SC compound may be heated

Mohammad Ali

Concerned authorities in the judiciary are waiting anxiously to see as to how Chief Justice ABM Khairul Haque deals with the much-debated issue of administering oaths to two 'controversial' judges of the High Court.

To set his mind in this regard, the Chief Justice has already started taking opinions of legal experts and leaders of Supreme Court Bar Association (SCBA).

However, sources in the Supreme Court said, the court compound might be heated if oath of the two judges was administered as the SCBA had already declared to wage tough movement against the swearing in.

31 SC benches reconstituted

Staff Reporter

Some 31 benches of the Supreme Court were reconstituted on Thursday.

The Chief Justice ABM Khairul Haque reformed the benches and redistributed their jurisdictions.

The benches with new jurisdictions will be effective from October 24.

CJ ABM Khairul Haque, after taking his office on September 30 last, reconstituted the HC benches for the second time.

View it in main newspaper

Govt won’t ban parties based on religion

RELIGIOUS PARTIES

At a regular weekly cabinet meeting on October 18 with Prime Minister Sheikh Hasina in the chair, it was stated that the government has no plan to ban any religion-based political party. A minister, who attended the meeting, preferring anonymity, informed reporters that the government would hold talks with the religion-based political parties, barring the Bangladesh Jamaat-e-Islami, to clear confusion on the matter.

According to him, the premier also directed the ministers to explain the government’s position vis-à-vis the issue of banning religion-based political parties among the people.

Complexity of reprinting Constitution

Mostafa Kamal Majumder

The upper echelon of the national administration is learnt to have been against banning religion-based politics. Ministers have reportedly been asked to assuage leaders of the religion-based parties and, if necessary, talk to them except those of the Jamaat-e-Islami Bangladesh. Law Minister Barrister Shafique Ahmed on the other hand said last week that his ministry has initiated the process of printing the Constitution as per the verdict of the High Court Division which declared the 5th amendment of the Constitution illegal.

Where do we stand now, constitutionally?

Dr M Shah Alam

Dr. M. Shah Alam , member of the Bangladesh Law Commission, wrote an article regarding recent debate of Constitutional amenment and reprint in the country. The article is published here for the BLHouse readers.

BLHouse Report

M. Shah AlamIt is becoming increasingly clear that it is not as easy for the government to address the post-Fifth Amendment judgement situation as was thought by many. The task has been further complicated by the Seventh Amendment judgement. There is speculation that the State-Religion part of the Eighth Amendment can also be challenged.

True, the power to amend any constitution exclusively lies with the parliament. It is equally true that the verdict of the apex court has the force of law and is binding on any individual or institution in the country. Our parliament is yet to amend the Constitution in line with the Supreme Court verdict, while the verdict itself is in the full force of the law. What, then, is our constitutional position now? And how weare going to put all the questions, speculations and confusions brewing around this at rest?

Law Commission chairman resigned for not getting support from government

Justice MA Rashid

BLHouse Report

The Law Commission chairman, Justice MA Rashid, has resigned from his office. He resigned for some differences of opinions, with the law ministry, including over reprint of the Constitution, sources in Law Commission said.

As reason behind his resignation, Justice MA Rashid yesterday told newsman, "I could not work how I wanted for not getting necessary support from the concerned authorities. So, I have resigned."

"I had wanted to make the commission as a strong body, but could not do that," he added expressing frustration.

Govt wants to gain using court, SCBA president

BLHouse Report

Supreme Court Bar Association (SCBA) President Advocate Khandker Mahbub Hossain yesterday alleged that the government was trying to achieve political gains keeping arms on the shoulders of the court.

Speaking at a press conference organised by the SCBA at his office in the Supreme Court he urged the government to let the court run in its own speed. "Otherwise, the court compound may be heated and ultimately country's democracy will fall into threat," cautioned.

As freedom of speech is no licence so justice is not a cloistered virtue

A National Daily of Bangladesh published a commentary on freedom of speeck and justice. The Commentary is given here for the readers of the Bangladesh Law House.

Our Supreme Court in more than one contempt proceedings upheld the principle laid down by the Privy Council:
"The path of criticism is a public way: the wrong-headed are permitted to err therein: provided that members of the public abstain from imputing improper motive to those taking part in the administration of justice, and are genuinely exercising a right of criticism and not acting in malice or attempting to impair the administration of justice, they are immune. Justice is not a cloistered virtue: she must be allowed to suffer the scrutiny and respectful even though outspoken comments of ordinary men."

Confidence in the judiciary must be protected not for the judges themselves, but for the survival of the rule of law. Our fundamental rights will not be enforceable without the help of a strong judiciary and the judiciary's strength comes from the confidence it enjoys of the people.

Vacation in SC

BLHouse Report
Vacation is going on in the Supreme Court. It is likely to re-open on October 24, sources said.

International crimes trial far from being fair

War Crimes Trial Speakers at an international seminar on "Human Rights: Perspective Bangladesh" on October 13 said that the war crimes trial being in Bangladesh falls short of the legal requirements of fair and neutral trial.

Bangladesh Supreme Court Bar Association (SCBA) organised the seminar at the Hotel Sonargaon in the capital Dhaka with its president Khandaker Mahbub Hossain in the chair.

The seminar was addressed, among others, by lawyer of International Criminal Tribunal of Yugoslavia (ICTY) and Rwanda (ICTR) Steven Kay QC, head of prosecution of war crimes of Bosnia and Herzegovina Toby Cadman, former Attorney General of Bangladesh Fida M Kamal, Barrister AKM Nazrul Islam, SCBA secretary Barrister Badruddoza Badol.

Khaleda set to vacate cantonment house

Khaleda Zia's residence located in
Mainul Hossain Road in cantonment

A court of Bangladedsh on October 13 in its judgment directed former prime minister and leader of the opposition Begum Khaleda Zia to vacate her cantonment house within one month.

The High Court passed the judgment rejecting Khaleda's Writ petition filed challenging a notice of the government that asked her to vacate the cantonment residence.

Sayeedi not produced to court, allegation of ill motive

The Dhaka Central Jail authorities could not produce the detained the Jamaat-e-Islami Nayeb-e-Ameer Maulana Delwar Hossain Sayeedi before the crimes tribunal due to his sickness yesterday.

The jail authorities earlier also expressed their failure to produce Sayeedi due to his illness.

However, Sayeedi's lawyer alleged of delaying proceedings of the trial intentionally, and of giving the plaintiffs opportunities to collect fake evidence and fulfill their lacking.

Govt appealed against Koko's parole

The government yesterday appealed with the Appellate Division against the High Court Division order that a day ago extended parole of Khaleda Zia's younger son Arafat Rahman Koko for 20 days.

The HC on Monday extended for 20 days its earlier order that stayed the government decision canceling Koko's  parole.

Hearing on the government appeal is likely to be held at the full bench of the Appellate Division today.

HC stays cases of Kh Delwar

The High Court yesterday stayed proceedings of three separate cases filed against BNP secretary general Khondker Delwar Hossain and BNP chairperson's advisor Shaukat Mahmud, who is also the president of the National Press Club.

The cases were filed in different courts by the ruling party men accusing both BNP leaders of making verbal threats against Prime Minister Sheikh Hasina. 

Apex court okays SEC’s direction on share credit

The Supreme Court on October 10 stayed a High Court order that earlier halted a Securities and Exchange Commission’s (SEC) decision directing the merchant banks and stockbrokers to follow a net asset value (NAV) based calculation for credit disbursement and loan maintenance.

HC directives to preserve Lalbag Kella



Lalbag Kella (Fort)



The High Court of Bangladesh on Sunday directed the government to remove all individual-owned structures established inside the historic and archeological site Lalbag Fort in the capital Dhaka.

 

The court also directed to survey and specify the land, the fort have, within three months.

Sohul relieved of contempt charge

Election Commissioner
Muhammed Sohul Hussain

The High Court of Bangladesh on Sunday relieved Election Commissioner Muhammed Sohul Hussain of contempt of court charge filed by AL presidium member Mohiuddin Khan Alamgir.

The court relieved him following submissions of MK Alamgir's lawyers not to draw contempt charge against Sohul, Shah Monjurul Hoque, one of the lawyers, told reporters.

However, Sohul Hussain's lawyers made submissions not to relieve him, rather to recall the court's earlier rule that asked him to explain why contempt of court charge should not be drawn against him, Shah Monjurul added.

Imams disagree with HC order on burqa, cap

BURQA Imams of the mosques across the country on Friday sharply disagreed with some recent judgments of the High Court for hurting religious sentiments of the Muslims.
They termed the judgments as against Islamic ideology while delivering their Khutba (sermons) at the Juma prayers.

According to sources, the Imams urged the Government to refrain from taking any step against religious sentiments saying, "Nobody has right to change Islamic rules, given by Almighty Allah."

Deb Narayan arrested

Bangladesh police on October 5 arrested Deb Narayan Moheshwar, who faced a warrant of arrest for hurting Muslim sentiment through filing a Writ petition against "The Quran", Muslims' holy book.

Narayan was arrested in Damurhuda police station  under Chuadanga district.

Shikder Moshiur Rahman, Officer-in-Charge of the police station, confirmed the information.

Narayan is now in jail, Shikder said.

Link: http://www.amardeshonline.com/pages/details/2010/10/06/47363

Bangladesh court sentence 2 years jail to editor

A court of Bangladesh on October 6 sentenced an editor of a daily newspaper "Dainik Satmatha" for two years' imprisonment and a correspondent for one year in jail in a defamation case filed in 2005.

Rajshahi district judge Alamgir Hossain passed the judgment on the day.

The editor Principal Shahabuddin was present when the court delivered the judgment. He was sent to jail while the correspondent, Omar Faruk, is on run.

None bound to wear veil, cap: HC

The High Court (HC) yesterday ruled that no man or woman can be forced to wear or put off any religious dress, including burqa (veil) and cap, against his or her wish in the territory of Bangladesh.

"Bangladesh is now a secular country," the HC ruled, adding that nobody can be compelled to wear a dress against one's wishes in a secular country, SC lawyer Advocate KM Hafizul Alam told The New Nation.

Even, the religious or faith educational institutions cannot force their students to do so, said concerned lawyers.

A bench of the High Court (HC) comprising Justices AHM Shamsuddin Chowdhury and Sheikh Md Zakir Hossain ruled this while delivering a judgment.

Everybody is independent to wear or not to wear any religious dresses, but they cannot be forced to do so, Deputy Attorney General Nazrul Islam Talukder said.

Bangladesh court faces judge shortage, hampering justice

Bangladesh Supreme Court's Appellate Division, the highest appeal court, is currently facing acute shortage of judges and at the same time huge backlog of cases, said a source in the country.

Only three judges, including the recently appointed Chief Justice, are on duty now at the Appellate Division, said the source.

While 6,982 cases are pending before the division, but at least six posts of judges are vacant here.

Why BGMEA building won’t be demolished: HC




A environmental organisation
earlier formed a human chairn
in front of the building
demanding its demolition.

  Bangladesh High Court on October 3 issued a suo moto rule upon the concerned authorities to answer why they should not be directed to demolish a high rise building constructed by the Bangladesh Garment Manufacturers and Exporters Association (BGMEA).

The court passed the rule following a news report that alleged the high rise building has been constructed without following laws and approval of Rajdhani Unnayan Kartripakkha (Rajuk).



The rule is returnable within two weeks, a Law Reporter in Dhaka said.

A bench of the High Court comprising Justice Zubayer Rahman Chowdhury and Justice Farah Mahbub passed the rule.

The building is located at Begunbari-Hatirjheel area in the city

CJ trying to make JS ineffective: SQ Chy

Senior BNP leader Salahuddin Quader Chowdhury has launched a scathing criticism of the chief justice for his call to reprint the country's constitution in line with the Supreme Court verdict on the Fifth Amendment.

The standing committee member said chief justice A B M Khairul Haque took oath to uphold the constitution but his remark amounts to attempts to 'render the Jatiya Sangsad (parliament) and the constitution ineffective'.

The feisty opposition leader alleged the chief justice's Thursday call betrays his lack of confidence in parliament and called for decisions from across the political spectrum on the matter.

Speakers at a roundtable on October 1 said the court's honour is depend on how much trust it achieved from the people through plying its duties.

Justice Khairul Haque new chief justice