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.