The New Nation - Internet Edition

Staff Reporter

The Appellate Division of the Supreme Court yesterday granted leave to appeal filed by five convicts against their death sentences in Bangabandhu Murder Case.

Granting the leave to appeal or pre-appeal hearing, a three-member bench of the Appellate Division comprising Justice Md Tafazzul Islam, Justice Md Joynul Abedin and Justice Md Hasan Ameen allowed the appeal after 26 days of hearing, which began on August 7.

The court in its order asked the convicts and their lawyers to file paper books for a regular appeal hearing by October 30.

"The order of stay of the operation of the verdict would be vacated in case of failure to submit paper books on time", said the court order.

The convicts, who moved the Appellate Division seeking for leave to appeal are--Lt Col Syed Farook Rahman, Lt Col Shahriar Rashid Khan and Lt Col Mohiuddin Ahmed (artillery), Major Bazlul Huda and Major AKM Mohiuddin (lancer). All of them are now in Jail. The trial court awarded them death penalty on November 8, 1998.

Dhaka District and Sessions Judge Golam Rasul in his judgement on November 8, 1998, awarded death sentence to the 15 accused, including those five in a delayed trial of August 15, 1975 murder of Bangabandhu, with most of his family members, began in 1997.

Three of the convicts, sacked Lt Col Syed Farook Rahman, Lt Col Shahriar Rashid Khan and Lt Col Mohiuddin Ahmed (artillery), faced the trial in person from the beginning.

Dismissed Major Bazlul Huda, who had been absconding, was detained after his extradition from Thailand, on the very day the trial court delivered the death penalty to the 15 accused. Sacked Major AKM Mohiuddin (lancer), who had taken refuge in the United States, was extradited to Bangladesh after a US federal court rejected his prayer to stay back.

One of 15 convicts dismissed Lt Col Abdul Aziz Pasha died of natural cause in Zimbabwe, while the remaining are still on the run abroad.

As a death reference came up before the High Court Division of the Supreme Court for confirmation of the capital punishment and appeal hearing, a bench comprising Justice M Ruhul Amin and Justice ABM Khairul Haque had delivered a split judgment in 2001 after the appeal hearing.

Justice Amin upheld the death sentence of nine of the accused and Justice Haque confirmed the death penalty of the 15.

The split judgment was referred to a third judge, Justice M Fazlul Karim, in a separate bench, which eventually upheld the death sentence to the 12 the same year.

But the Appellate Division could not hear the mater, as five of the seven judges of the Division had heard the case earlier as judges in the High Court Division of the Supreme Court

The appointment of new judges to the Appellate Division of the Supreme Court, earlier this year, solved this and paved the way for the constitution of a bench to hear it

During the hearing of the leave, sacked Major AKM Mohiuddin (Lancer) preferred a prayer seeking permission to submit his petition regreting the delay in filing.

The court allowed him to file the leave petition granting the prayer.

After hearing the five petitions, the court granted leave and asked the concerned lawyers to file paper books within the specified time. (October 30, 2007)

Senior Advocate Abdur Rezzak Khan, Advocate Nurul Islam Bhuiyan and Barrister Abdullah-Al-Mamoon pleaded for the convict while Senior Advocate Anisul Haq, who represented the government, opposed the move for the appeal during the pre-appeal hearing.

Meanwhile, Acting President of the Awami League (AL) Zillur Rahman expressed frustration over the Appellate Division judgment

"I am deeply frustrated at the judgment," he told journalists yesterday afternoon, adding, "We will continue the legal batles for the implementation of the death sentence."

Staff Reporter

The Anti-Corruption Commission (ACC) yesterday summoned eight former ministers of the past BNP-Jamaat led 4-party alliance government in connection with the graft case filed against detained former Prime Minister Khaleda Zia and her younger son Arafat Rahman Koko.

Meanwhile, six co-accused of Khaleda Zia, including AMM Shahadat Hossain, former Chairman of Chitagong Port Authority (CPA), arrested on Saturday were sent to jail. Of them, two directors of Global Agro Trade Company Limited (GATCO) gave their confessional statement before the court

According to the ACC, it summoned the eight former cabinet ministers as they were the public procurement commitee members and had approved the Internal Container Depot (ICD) tender in favour of GATCO.

Among the summoned eight former ministers, former Finance and Planning Minister M Saifur Rahman, former LGRD Minister Abdul Mannan Bhuiyan, former Agriculture Minister MK Anwar, former Industry Minister Motiur Rahman Nizami, former Information Minister M Shamsul Islam and former Commerce Minister Amir Khasru Mahmud Chowdhury were asked to appear before the ACC in person by 11:00am on September 25. Besides, former Health and Family Welfare Minister Dr Khandakar Mosharraf Hossain and former Energy State Minister AKM Mosharraf Hossain would be interrogated at the jail gate as they have already been arrested on other charges.

ACC's Deputy Director (DD) Zahurul Huda, who is the investigation officer (IO) in the case, said that he had submited prayers to the Chief Metropolitan Magistrate (CMM) Court seeking permission to interrogate the two detained former ministers at the jail gate.

He also said that he had sent notices to all the six other former ministers to appear before the ACC on time.

ACC DD Golam Shahriar Chowdhury filed the graft case with Tejgaon thana on September 2 against BNP Chairperson and former Prime Minister Begum Khaleda Zia, her younger son Arafat Rahman, former CPA Chairman AMM Shahdat Hossain, CPA's three senior officials and two directors of GATCO.

It was alleged that the former Prime Minister in connivance with others gave the contract to GATCO, a firm owned by Ismail Hossain Saimon, son of late and former Shipping Minister Akhbar Hossain, by misusing power and adopting corrupt means.

Besides, IO Zahurul Huda said that the then cabinet commitee on public procurement at first had cancelled the tender process as all firms participated in the tender were disqualified. The procurement commitee also had suggested re-tender for the job.

But for unknown reason, the procurement commitee later approved the tender document of GATCO, the IO said adding that the ACC felt it necessary to interrogate the former public procurement commitee members to know the truth behind the approval.

Meanwhile, GATCO directors Syed Galib Ahmed and his brother Syed Tanveer Ahmed were produced before the CMM Court at about 1.20 pm and gave their confessional statements before the court

Court sources said that the directors admited to their involvement in the scam. Later, magistrate Abdullahel Baqi sent them to jail.

Besides, former CPA Chairman AMM Shahadat Hossain, its former Director (transport) AM Sanwar Hossain, former Chief Finance and Accountant Ahmed Abul Qashem and former Director Luthful Kabir were produced before the court of magistrate Mohammad Mizanur Rahman. After the hearing, the court sent them to jail.

But, the lawyers of the four arrested ex-officials prayed for division in jail and the court ordered to follow the jail code in this regard.

In the graft case, a total of eight persons, including former Prime Minister Khaleda Zia and her son Arafat Rahman Koko, have so far been arrested. The mother and the son were arrested on September 3.

The rest five accused in the case yet to be arrested were Commodore (retd) Zulfiqur Ali, another former CPA Chairman, former Shipping Minister and BNP leader Col (retd) Akbar Hossain's wife Jahanara Ansar, two sons Ismail Hossain Simon and AKM Musa Kajol and one Ehsan Yusuf.

Sources said these accused persons went into hiding soon after the case was filed. ACC sources said the hunt was on for those absconding persons.

According to sources, the case was filed on September 2 under the ACC Law-2004 and it was brought under the purview of the Emergency Power Rules (EPR) on September 17.

According to the case statement, former Prime Minister Khaleda Zia and her son Arafat Rahman had influenced the two former CPA Chairmen and its other senior officials to award the tender related to Inland Container Depot (ICD) in Chitagong and Dhaka to GATCO illegally. As the GATCO was awarded the tender illegally, the State had to incur an unlawful loss of about Tk 1,100 crore.

In addition, the ACC yesterday sent a notice asking to submit the wealth statement of one of its Assistant Directors, Abu Bakkar Siddique.

Talking to journalists, ACC Secretary Mokhlesur Rahman said that the ACC official was asked to submit his wealth statement within the next seven working days.

Staff Reporter

Several hundred workers of Nasa Garments yesterday staged a sit-in demonstration in front of the BGMEA Office in the city to press home their nine-point demands, including Eid bonus, enhanced Iftar and tiffin allowances.

They also strongly protested the sudden closure of the Nasa Garments without paying the dues of the workers.

As the Nasa Group authorities declined to accept the workers' demands, some 3,600 workers have become unemployed following the closure of the factories.

The workers alleged that the owners had been trying to evade their responsibilities terming their movement a "conspiracy."

"But, subsequently they (owners) would not be able to get any benefits terming our movement a conspiracy and ignoring our demands as we have been trying to realise our just demands…It would be suicidal for the owners. All their ill-motivated efforts will go in vain,' said a worker of Nasa Group.

Some 500 workers of Nasa Garments started to arrive at the BGMEA Office at Karwan Bazar in the city from early in the morning yesterday. Police intercepted the workers at Satrastha Crossing when they started to come from the Nasa Group Complex at Begunbari in Tejgaon Industrial Area. Ignoring the police interception, the workers started to assemble in front of the BGMEA Office.

When the BGMEA's joint secretary (Labour) Rafiqul Islam, along with crisis management official Mansur Khaled and additional secretary (Admn) RH Ramiz approached the agitating workers to talk to them at about 9:00am, the workers handed over them a nine-point memorandum.

The BGMEA officials told the workers to send their representatives to the BGMEA Office to hold talks with the owners. However, the workers declined to send any representative. Rather, they told the officials to bring the owners' representative and hold talks on the road.

The nine-point demands submited by the workers included payment of 50 per cent of the basic salary as festival bonuses on two Eids, re-fixing the Iftar allowance at Tk 20, tiffin allowance at Tk 10, enhancement of night duty bill and quality bill, and payment for the leave not enjoyed by workers according to the labour laws.

Besides, the workers demanded 10 days of casual leave, 14 days of sick leave, 13 days of festival leave and eight weeks of maternity leave before and after the delivery.

On behalf of the BGMEA, Rafiqul Islam said no solution could be achieved on streets. "The workers must have to come to the discussion table to realize their demands," he said.

As none representing the owners' did appear in front of the workers till 1:00pm, the workers became angry and tried to enter the BGMEA Office forcibly. However, police prevented them from entering the BGMEA Office.

Later, at about 1:30pm, a 24-member delegation of workers entered the BGMEA Office to discuss their demands with the owners' representatives, while the others blockaded the road in front of the BGMEA building.

The representative of the Nasa Group owners went to the BGMEA Office at about 2:30pm. However, they could not sit for talks till 3:00 pm.

Meanwhile, Bangladesh Garment Workers' Unity Council yesterday said that a vested quarter was pushing the country's ready-made apparel industry to ruination. As a result, the entire garment industry would face collapse in one hand and 25 lakh workers would face serious uncertainty.

Addressing a press conference at the Dhaka Reporters Unity auditorium, Mohammad Touhidur Rahman, leader of the council and president of Bangladesh Garment Industry Workers Federation, called upon the government to take stern action against the garment factory owners who have been violating the labour laws in the garment factories.

Besides, he urged the government to find out the persons responsible for creating anarchy in the readymade garment industry and take necessary measures for their exemplary punishment

The workers' leaders atending the press conference also felt the necessity to identify the culprits who instigated the workers of Nasa Group to create anarchy and chaos in the garment sector.

However, they observed that it would not be possible to bring an end to the resentment of workers unless the problems of working atmosphere is addressed properly. It requires to build up amicable relationship between the owners and workers.

The leaders also observed that some vested quarters were hatching a conspiracy to destroy the country's booming garment industry for the interest of neighbouring countries. As a result, Bangladesh might subsequently lose its lucrative apparel markets to its competitors for ever.

The labour leaders atended the press conference included Bangladesh Swadhin Garment Workers Federation president Advocate Delwar Hossain Khan, Bangladesh Jatiya Garment Sramik president Sirajul Islam Rony, Sanmilito Garment Sramik Federation president Nazma Aktar, Bangladesh Garment Sramik Jote convenor Rokeya Sultana Anju and Jatiya Garment Sramik League president Selim Reza, among others.

It may be mentioned that hundreds of garment workers on Saturday locked in violent clashes with police at Tejgaon Industrial Area, one of the country's biggest industrial zones, demanding immediate payment of outstanding dues of five to six months, Eid festival bonus and other facilities, including raising Iftar allowance.

More than 50 people, including four police personnel were injured during the clashes.

Bangladesh Garment Manufacturers and Exporters Association described garment workers unrest as a "conspiracy" and demanded a fair investigation into the yesterday's incidents.

The angry workers also blockaded the Mohakhali-Tejgaon Road, damaged a large number of vehicles and set fire to a bus to press home their six-point demands.

It may be mentioned that Tejgaon is home to some of Bangladesh's

top garment factories. Ready-made garments are Bangladesh's biggest export earners with sales abroad fetching more than nine billion dollars, or three-quarters of the country's total export earnings, in the last fiscal year.

But the industry has been hit by a series of protests over low wages and poor working conditions. Sixteen factories were torched and hundreds vandalised last year.

The protests came to a halt late in 2006 when the government, unions and the employers agreed to 25 US dollar monthly minimum wage.

The government has issued several warnings to the factories to implement the minimum wage but according to the unions just 20 percent have done so.

In the latest warning, the government has said it will take legal action against factories that fail to implement the minimum wage by September 30.

The manufacturers claim 90 per cent of the factories have put the minimum wage into effect

UNB, Dhaka

Awami League is disappointed at the Supreme Court decision of allowing appeal against the death penalty to 12 ex-army officials in Bangabandhu Sheikh Mujib murder case. "We as well as the whole nation are disappointed, afflicted and agitated as the Supreme Court granted the applications by the condemned prisoners seeking to appeal against their death sentences. I believe there is no reason of granting the leave to appeal in this case," AL acting president Zillur Rahman told reporters at his Gulshan residence on Sunday.

He said they would continue legal batle against this and hoped of victory.

"We don't believe in disorderliness as we have confidence in the rule of law," Zillur said and hoped of early conclusion of the hearing. He advised the party workers to remain calm and united. About the unity, he said the 14-party alliance and those believe in the spirit of liberation war would meet on September 29. The meeting will take decision of united stand about dialogue with the Election Commission on electoral reforms.

AL presidium member Tofail Ahmed said 14-party alliance still remains united. There are no coordinated activities because of restriction on politics.

He said he was given the task of maintaining unity in the 14-party alliance. He would contact other like minded parties including CPB. "But I am not the coordinator of the 14-party. The coordinator is now under detention," Tofail added.

Syful Islam

Bangladesh will face a hearing before the United States Trade Representative on October 4 as a US labour federation filed petition to remove it from the eligible beneficiary of Generalised System of Preference (GSP).

Under the GSP programme Bangladesh ships 1 per cent of its total exports to US market free of duty.

A nine-member government delegation headed by Bangladesh Ambassador to the United States M Humayun Kabir will atend the hearing. Other members of the delegation will comprise representatives from Ministry of Commerce, Ministry of Labour, Ministry of Fisheries and Livestock, Ministry of Foreign Affairs, BEPZA, BGMEA and BKMEA.. The American Federation of Labour and Congress of Industrial Organisations (AFL-CIO's) on June 22, 2007 filed a petition with the USTR requesting removal of Bangladesh from the eligible beneficiary of the US GSP accusing it of denial of labour rights.

The US labour federation alleged violation of domestic and internationally recognised workers rights in the Export Procession Zones (EPZs).

It also alleged labour standards in the readymade garment sector and in the shrimp and fish processing industries.

The labour body also drew the notice of USTR, to harassment and negation of rights by government security forces against the trade union leaders and activists.

During the hearing the AFL-CIO will strongly argue about the violation of workers' rights in accordance with the "The EPZ Workers Association and Industrial Relations Act 2004."

Sources said an amendment to the 1974 Trade and Tariff Act, requires that countries receiving GSP benefits enforce international labour standards, inducing the right to form associations, the right to organise and bargain collectively, a prohibition against compulsory labour, a minimum age for employment of children and regulations governing minimum wages, working hours and occupational safety and health.

Meanwhile, in May 2004, Bangladesh government has allowed partial labour rights in the EPZ under US pressure.

It may be mentioned here that earlier the AFL-CIO's in 1990, for the first time filed a petition against Bangladesh asserting violation of labour rights. Later on June 16, 1999 it also filed another petition to the USTR following the failure of Bangladesh government to establish labour rights in the EPZ. The AFL-CIO's also filed a supplementary petition highlighting a decision of Bangladesh Export Processing Zones Authority (BEPZA).

Bangladesh is trying for a long time to get duty free access of its products to the US market A bill seeking duty-free access of products of Bangladesh and 13 other Least Developed Countries (LDC) to the United States market was raised in the US Congress in 2005 but is yet to make any headway.

The 13 other countries are Afghanistan, Bhutan, Cambodia, Kiribati, Laos, the Maldives, Nepal, Samoa, Solomon Islands, East Timor, Tuvalu, Vanuatu and Yemen.

BSS, Rajshahi

A trial court here yesterday started recording depositions in a case filed against six teachers of Rajshahi University (RU) for violating the Emergency Power Rules (EPR).

Plaintiff of the case and Officer-in-Charge of Motihar thana Khandaker Ferdous Ahmed gave his depositions partly before the Speedy Trial Court Magistrate SM Fazlul Karim Chowdhury. The court fixed September 26 as the new date for completing his depositions.

Additional Public Prosecutor Masum Ahmed Tipu is appearing in the case on behalf of the state while seven prominent lawyers led by Advocate Golam Arif Tipu are defending the accused.

The teachers present in the court were former Vice-Chancellor of RU Professor Dr. Saidur Rahman Khan, Professor Dr. Abdus Sobhan of Applied Physics and Electronics Department, Associate Professor and Chairman of Management Department Moloy Kumar Bhowmik and Assistant Professors of Mass communication department Selim Reza Neuton, Dulal Chandra Biswas and Abdullah Al Mamun.

Khandaker Ferdous Ahmed filed the case against the six RU teachers for their alleged involvement in bringing out a procession, violating the Emergency Power Rules- 2007 and instigating the students to create vandalism on the campus on August 21 and 22 last

After completing the investigation, police pressed charges accusing them under section 3(4), 4(3) and 8(2) of the Emergency Power Rules-2007.

BSS, Dhaka

Chief Election Commissioner (CEC) Dr ATM Shamsul Huda yesterday called upon the government to allow indoor politics in different places of the country where the local government bodies' elections would begin from January like Rajshahi and Khulna City Corporations.

Speaking at a meeting with the electronic media Representatives, the CEC said, the work to introduce photo-atached voter's list across the country would be in full swing from November next The CEC said, voters list in ten percent areas would be completed by next October adding " There is no scope of confusion in implementing the road map (to elections) although many was doubtful about the roadmap. But, their confusion could be overcome showing the progress of the work."

Dr Huda spoke highly about the cooperation of the members of the armed forces in the introduction of photo-atached voters list saying that it would have been very difficult to accomplish the job of voters listing without the help of the armed forces.

The CEC said, the discussion with different political parties was being held in a very cordial atmosphere. The parties were willing to bring back discipline in different issues including financial maters, the CEC said.

Along with the voters list with photographs, the introduction of national identity cards would be completed by October next year.

Two election commissioners Muhammad Suhul Hossain and Brigadier General (Retd) M Shakhawat Hossain , EC secretary Muhammad Humayun Kabir and Voter List project director Brigadier General ( Retd) Shahadat Hossain Chowdhury were in the meeting.

The media representatives included Bangladesh Television Director General Md Wajed Ali, Bangladesh Betar Director General Mahbubul Alam, ATN Bangla adviser Saiful Bari, ETV Head of News Shah Alamgir, Executive Director of Baishakhi M Hamid, Bangla Vision's Aminur Rashid, NTV Chief News Editor Khairul Anwar, Channel i News and Current Affairs Editor Saiful Amin and Radio Today's Shakil Manzoor.

Staff Reporter

The formal discussion between the BNP and its four-party alliance partners over the electoral reforms and other issues will begin after the invitation from the Election Commission.

Secretary General of the reformist BNP Abdul Mannan Bhuiyan said this yesterday while talking to journalists after a meeting at his Gulshan residence.

"We have already made contacts with other partners four-party alliance on this issue," said.

Echoing the same view, reformist Joint Secretary General Ashraf Hossain said they would also communicate with other pro-nationalist political parties after the reopening of political activities in the country.

He said the reformists have been working to establish the ideals of national in the party through democratisation, for which reforms is necessary.

Meanwhile, BNP Secretary General Khandaker Delwar Hossain said the four-party alliance remains united but they could not hold any meeting among them (BNP) or with the alliance's partners due to the closure of BNP central office.

Talking to journalists at his NAM Building apartment, he said despite rift, Ershad's Jatiya Party's office was opened. He posed the question as to why the BNP central office would be kept under lock and key, though BNP remains united?

"I want to sit with leaders of four-party alliance along with BNP leaders and workers at the party office at Naya Paltan," he said, without elaborating his problems to sit elsewhere.

Delwar complained that BNP leaders and workers from different districts including Jhalkathi and Barisal wanted to meet him in Dhaka but so-called reformists of BNP were intimidating them.

He said, "As they wanted to meet me, the launch they were traveling was seized by BNP reformists who threatened that those who will meet me will not be allowed to return or cases will be filed against them."

Reformist BNP leader Major (retd) Hafizuddin Ahmed asked Khandaker Delwar to refrain from mudslinging for the sake of the unity of the party.

"The BNP must remain united and participate in the general elections to

ensure the party's win," he told journalists after the reformists' meeting at Mannan Bhuiyan's residence.

He said there might be differences in the BNP on certain issues, which does not mean that the BNP has been divided.

Major Hafiz said since the Chairperson is in jail, her instructions might not have reached to party leader correctly. This, he said, perhaps led some leader to make confusing statements.

Staff Reporter

Adviser for Law, Justice and Parliamentary Affairs and Information Barrister Mainul Hosein yesterday said the government is considering to form a Constitutional Council for processing appointments to constitutional posts in a transparent and accountable manner.

The Chief Justice of the Supreme Court has been proposed to be head of the Constitutional Council comprising nine other members, he said while briefing journalists at the conference room of the Ministry of Law, Justice and Parliamentary Affairs yesterday.He said the proposed council would recommend names of two persons for appointment in the constitutional posts like judges in the Appellate Division of the Supreme Court and judges in the High Court, Chief Election Commissioner (CEC), Election Commissioners, Comptroller and Auditors General, Public Service Commission Chairman and its members and the Ombudsman.

The President will make the appointment for any Constitutional post by choosing one person from a short list, he said.

Justifying the necessity of formation of the Constitutional Council, the Law Adviser said a deadlock was created in the country in the past in respect of the appointment of the Chief Election Commissioner (CEC) as the appointment earlier was made on political grounds.

The Council will evaluate the academic qualifications, professional skills, seniority, honesty and reputation of the persons for appointment to the Constitutional posts. If need be, the Council will invite experts in the concerned field for suggestions, he said.

The Law Adviser said the government is also considering the constitution of Atorney Service to help conduct cases in the court for the government by appointing its atorneys in a fair and impartial manner.

The Adviser said atorneys appointed by the proposed Atorney Service, would not require to be changed with the change of a political government

He said formation of Atorney Service was needed to make the judiciary free from politicisation and discourage party politics among the lawyers.

With the creation of the Atorney Service it would be possible to make the appointment system permanent Training for the atorneys would be arranged and there would also be promotion of atorneys, the Adviser said.

He said the draft of Government Atorney Service Ordinance was already placed before the Council of Advisers and the bill was returned for reconsideration of different aspects.

When his atention was drawn to the appeal of the FBCCI leaders to release the arrested businessmen against whom there was no specific allegation, the Law Adviser said the government might hold a lenient view if accused businessmen admit their crime and agree to return illegally obtained properties to the state.