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

CUSTODIAL DEATHS

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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.

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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.