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.

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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.