The New Nation - Internet Edition

Repair work ends by midnight today: City remains gas-starved

Repair works on the main gas-transmission line at
Daudkandi, Comilla is going on in full swing on Sunday.
FocusBangla

A long queue of vehicles wait at a CNG filling
station following announcement of disruption of gas supply
to the city on Sunday. Banglar Chokh

Staff Reporter

Repairing work of the 20-inch diameter Bakhrabad-Demra High-Pressure Gas Pipeline at Shahidnagar in Daudkandi in Comilla began after Saturday midnight. This pipeline is one of the major sources of gas supply to the capital.

Titas Gas Transmission and Distribution Company Ltd (TGTDCL), a subsidiary of Petrobangla, began the repairing work to avert any kind of major accident in future and ensure uninterrupted supply of gas.

As part of the repairing work, the gas transmission line is now being shifted somewhat at Shahidnagar. Petrobangla had been fearing a major accident as the gas transmission line was floating on the river for a long time. Because of this the Titas Gas has been shifting a portion of the pipeline to the northern side.

Gas supply to many areas, including the capital Dhaka is being disrupted because of this repairing work. Apart from many areas in he capital, gas supply to Daudkandi, Homna, Titas, Kachua and Bancharampur remains suspended. Thousands of CNG-driven vehicles have been waiting in long queues in front of the CNG stations in the city. TGTDCL said the gas supply will become normal by midnight tonight.

Titas Gas authorities told The New Nation yesterday morning that gas supply was not suspended although the supply was somewhat disrupted. However, gas crisis has created in many parts of the city.

The Titas Gas authorities, however, admitted it, saying that they were trying their best to keep the sufferings of people at the lowest level.

Meanwhile, gas supply went off at some places and high-rise buildings from Saturday midnight. Three power stations have also remained closed for suspension of gas supply. Though some areas in the city have been getting supply of gas, residents in those areas alleged that the pressure of gas was very low.

The residents of Dhaka city witnessed widespread load shedding of power yesterday

because of the suspension of gas supply. Water crisis has also appeared in some areas. Besides, the fillings stations in the city witnessed acute gas crisis yesterday. Many CNG-driven vehicles did not receive gas waiting in long queues in front of the filling stations from yesterday morning. The old part of the Dhaka city has become the hardest hit by the gas crisis.

The Titas Gas authorities said gas crisis has created in as many as 32 areas in the capital following the start of repairing work of a major gas transmission line at Shahidnagar in Daudkandi. During the repairing work, gas supply to the transmission line would remain suspended. The repairing work will continue till midnight tonight.

Engr Mohammad Aminur Rahman, Director (Operations) of Titas Gas, told reporters yesterday that they had received complaints of suspension of gas supply from a large number of people living in high-rise apartments at Motijheel area.

He said though the gas supply was disrupted for the repairing work in the transmission line, gas was being supplied to the capital through alternative ways.

However, he said since the gas supply to the transmission line remained suspended, the city dwellers in some parts were facing the problem of low pressure.

According to the Titas Gas official, people living in high-rise apartments were mainly facing the low pressure in gas supply.

He said the Titas Gas authorities were trying their best to complete the repairing work as quickly as possible to reduce the sufferings of consumers.

Engr Aminur Rahman said senior officials of the Titas Gas, including him had been supervising the repairing work that began from Saturday midnight.

US welcomes easing of restrictions on politics: Govt, political parties’ dialogue move hailed

Donald Camp

Staff Reporter

Principal Deputy Assistant Secretary Donald Camp yesterday said the United States would welcome lifting of more restrictions on political parties and return to a civilian elected government in Bangladesh.

Camp, who held bilateral talks with Foreign Secretary Touhid Hossain at State Guest House Padma, told reporters that Washington is supportive of the caretaker government and its action plan to hold elections later this year.

Replying to a question, he said already some restrictions on political parties have been lifted and "I am sure there will be more, which will be welcome."

Camp, who arrived here earlier in the day on a two-day visit, avoided making any comment on lifting of the state of emergency that is in place for more than a year.

He said this would be an important year for this country as there is a commitment from the caretaker government to hold elections to return Bangladesh to a civilian elected government.

Asked about any US concerns regarding the current situation, the State Department official would not spell out the concerns, but said he would raise the concerns to individuals involved during his meetings.

Terming Bangladesh and United States as good friends, Camp said both the countries help each other in times of need.

He expressed happiness at the US humanitarian efforts to Bangladesh after the tragedy of Cyclone Sidr.

After nearly half an hour's meeting, Foreign Secretary Touhid Hossain said they had useful discussion covering basically bilateral issues including US assistance to reconstruction projects in post-Cyclone Sidr and trade matters.

"We had very useful and comprehensive discussion on certain other bilateral matters," he told reporters.

US Charge d' Affaires Geeta Pasi and senior officials of Bangladesh Foreign Ministry were present.

A US Embassy release said that during the meeting, Camp reiterated the US government support to the caretaker government and stressed the importance of implementation of the electoral roadmap.

Camp emphasised the importance of dialogue between the government, civil society, political parties, the private sector and international partners.

He commended the Bangladesh government on its swift and effective response to cyclone Sidr.

Camp reiterated the US government's commitment to providing assistance in the long-term reconstruction of the cyclone-affected areas.

He underscored the 'excellent' bilateral relationship between the two countries and discussed ways to further strengthen the relationship including in the areas of trade and investment.

Camp will meet government and political figures and representatives of civil society before he leaves Dhaka today (Monday).

Saifuddin Manik dead

Gano Forum General Secretary Saifuddin Ahmed
Manik

Staff Reporter

Gano Forum General Secretary Saifuddin Ahmed Manik died at a city hospital yesterday morning. He was 69.

Family sources said Manik breathed his last at about 11:00am in the intensive care unit (ICU) of Comfort Hospital at Green Road in the city.

The veteran politician was suffering from cancer and was under treatment in the Comfort Hospital from January 24. He left behind his wife, two daughters and host of relatives, friends and well wishers at home and abroad to mourn his death.

Leaders of different political parties, including Gano Forum (GF), Awami League (AL) and BNP, rushed to the Comfort Hospital following breaking of the news about Maniks death.

Those visited the hospital, includes-Gano Forum President Dr Kamal Hossain, Dhaka City Mayor and BNP leader Sadek Hossain Khoka, AL Presidium members Amir Hossain Amu, Abdur Razzak, Tofail Ahmed, Suranjit Sengupta and Begum Matia Chowdhury, CPB President Manjurul Ahsan Khan and General Secretary Mujahidul Islam Selim, Workers Party General Secretary Bimal Biswas, GF leaders Pankoj Bhattachariya, Commander Abdur Rauf, Shamsuddoha, former Chief Whip Abdur Rauf, Mostafa Mohshin Montu, ASM Altaf Hossain and Mustaque Ahmed.

Party sources said the first namaz-e-janaza of Saifuddin Ahmed Manik was held after the Asr prayer yesterday at Gopibagh Jame Mosque near his residence.

His body will be taken to central Shaheed Minar today (Monday) at about 11:00am, to enable people from all strata to pay their last respect to Manik, who played a significant role during the Liberation War in 1971.

He will be buried at the Mirpur Intellectuals' Graveyard after his final namaz-e-janaza at the National Eidgaha after Johr prayer today.

Saifuddin Ahmed Manik was born at Jalpaiguri district town of West Bengal in India on June 24 in 1939. His ancestral home is in Parshuram upazila under Feni district.

After the partition of the Indian sub-continent, his family returned to Dhaka in 1948 and permanently settled in the city.

Involved in politics since 1963, Saifuddin Ahmed Manik was elected General Secretary and later President of the then East Pakistan Chhatra Union (Matia). He was a central leader of the All-party Central Students' Action Committee that led the students-people mass uprising leading to the ouster of Field Marshall Ayub Khan in March 1969.

Manik was elected General Secretary of Trade Union Centre after the Liberation War in 1971 and an organiser of the War. He was elected an organiser of the CPB Central Committee in 1972 and one of its Secretaries in 1973. He was elected President of the party after death of Mohammad Farhad in 1987.

He was one of the founders of Dr Kamal Hossain-led Gano Forum in 1993, and elected its General Secretary the same year.

He was also a cultural activist, one of the founders of Chhayanat and Brothers Union Club.

President Prof Dr Iajuddin Ahmed, Chief Adviser Dr Fakhruddin Ahmed and leaders of different political parties and socio-cultural organizations expressed at the death of Gano Fourm (GF) General Secretary Saifuddin Ahmed Manik.

Expressing his deep shock at the death of the GF General Secretary, in a condolence message, President Prof Dr Iajuddin Ahmed, recalled the working life of Saifuddin Ahmed Manik and said that people would always remember him with due respect for his great contribution in 60s' student movements, Liberation War and social service, including all the democratic and progressive political movements.

"The country has lost an experienced politician with his death," he said, praying for the salvation of the departed soul.

The President also conveyed his deep sympathy to the bereaved family members.

Chief Adviser Dr Fakhruddin Ahmed, in a separate condolence message, expressed his deep sorrow at the death of veteran politician and GF General Secretary Saifuddin Ahmed Manik.

The Chief Adviser said Saifuddin Ahmed Manik was one of the main leaders of student and mass movements in the 60s.

He said, "Manik also played active role in different democratic and progressive movements, including Liberation War, of the country".

The country has lost an experienced and patriotic politician at his death, he added.

The Chief Adviser prayed for the salvation of the departed soul and conveyed his heartfelt sympathy to the bereaved family members.

GF President Dr Kamal Hossain, AL President Zillur Rahman, BNP Acting Chairman M Saifur Rahman, former BNP Secretary General Abdul Mannan Bhuiyan, BNP Secretary General Khandaker Delwar Hossain, former Prime Minister and Jatiya Party Presidium member Kazi Zafar Ahmed, Workers Party President Rashed Khan Menon, JSD President Hasanul Haq Inu, Ganotantree Party President Mohammad Nurul Islam, Shamyobadi Dal General Secretary Dilip Barua, SKOP Secretary Dr Wazedul Islam Khan, Jatiya Sramik Federation President Abul Bashar and Chairman and Secretary General Majbur Rahman Bhuiyan and Nazrul Islam Khan, in separate statements expressed deep shock at the death of Siafuddin Ahmed Manik and paid rich tributes to his memories.

Debate over application of Emergency Rules

Staff Reporter

The Law Adviser on Thursday last remarked that the fate of so many cases are depending on the outcome of the case of former Prime Minister Sheikh Hasina. Six amici curiae told the High Court Division that application of the Emergency Power Rules (hereinafter EPR) in the extortion case against Hasina is illegal as the alleged crime was committed before the EPR came into force. Hence, a very important question of law has arisen as to what illegality, if any, was committed as regards the case of Hasina by bringing in within the ambit of EPR. Lawyers of the Government view that Emergency Power Rules are rightly attracted in the present case. It is significant that one amicus curiae, Mr. Mahmudul Islam, the former Attorney- General, known as constitutional expert, declined to give opinion on the point raised.

Substantive Law or

Procedural Law

Before beginning the actual discussion on the moot point, the nature of EPR should be ascertained first i.e. whether EPR is a substantive law or a procedural law.

EPR deals with procedural matters only in respect of the events which occurred prior to its coming into force. So, it is clearly a procedural law so far as Sheikh Hasina's case is concerned. Although one might also argue that since the EPR has created certain offences which attract punishment for violation of the same, hence EPR is of a substantive nature.

However, a section of lawyers suggested that a clear line should be drawn between the cases which allege occurrence of some offences before the promulgation of EPR and which allege occurrence of offences after the promulgation of EPR. For the former types of case, EPR only prescribe the procedure for investigation and trial and for the latter it also prescribe the relevant procedure as well as special punishments. In any view of the matter, for the present purpose, EPR's procedural part is relevant.

The next question to be considered is whether or not EPR was given retrospective effect. Since EPR is a procedural law, it is, by nature always retrospective (19 DLR (SC) 242). Hence, the question of giving retrospective effect does not arise.

Then whether or not EPR changes the forum and/or the substantive laws in respect of Sheikh Hasina's case.

The offences were committed under the Penal Code, i.e. Sections 385/109. The forum for her trial is also the Court of Sessions.

So, both the substantive law and the forum for trial remain the same as those were in existence at the time of commission of the alleged offence.

In the FIR, the informant has narrated the alleged offence taking place through events starting from July, 2000 and ending in March, 2001.

Before 27 November, 2000, an offence of extortion under Section 385 was bailable and triable by a Magistrate. But on 27.11.2000, the P:arliament by amending Schedule II of the Code of Criminal P:rocedure made offences under Section 385 of the Penal Code non-bailable and triable by the Court of Sessions.

Hence, some lawyers are of the view that, according to criminal jurisprudence, since a series of events took place, the date of occurrence of the last event completing the offence will determine whether or not the amendment will be applicable in Sheikh Hasina's case. Here, since the last event completing the alleged offence took place in March, 2001, the amendment of Cr.PC will apply.

They argue that Sheikh Hasina's offence remains non-bailable and it is being tried by the Court of Sessions. EPR has not changed the substantive law i.e. Section 385 of the Penal Code and also the forum i.e. Court of Sessions remain the same.

Therefore, application of EPR in Sheikh Hasina's case is not illegal.

The issue of bail

Again, on the issue of bail these lawyers' view is that bail is a discretionary power of the Court. It only becomes a matter of right in two types of cases. Firstly, in a bailable case, bail is a matter of right and secondly once bail has been granted the same becomes a right and cannot be cancelled whimsically.

In a non-bailable case, bail is always at the discretionary power of the court. Bail is also a matter of procedure to facilitate holding the trial. If the discreationary power of the court to grant bail is curtailed, the same cannot be said to be affecting anyone's right.

Article 35

There is also the argument that bringing the case of Sheikh Hasina under EPR is violative of Article 35 of the Constitution. Article 35 is a fundamental right and is in Part III of the Constitution. After proclamation of Emergency in Bangladesh, Part III of the Constitution has become unenforceable in its entirety. Hence, it is also a matter for the Court to consider whether or not in the present state of emergency, such an argument can be advanced under the Constitutional arrangement of Bangladesh. It is only because of Article 35 that one could argue whether substantive or procedural the Emergency Power Rules would not be applicable for an offence committed before Emergency Power Rules were introduced in 2006.

What is most significant is that the Writ Petition No. 6576 itself has not, knowingly, taken as a ground for the illegality of the restrictions imposed under Article 35 of the Constitution.

BCS examination: DU students demand lifting of quota system

Dhaka University students brought out a procession
on the campus for submitting a memorandum to the PSC
Chairman on Sunday demanding the cancellation of quota
system in BCS examination. Banglar Chokh

DU Correspondent

The agitating students of Dhaka University demanding cancellation of quota system in the Bangladesh Civil Service (BCS) on Sunday urged the government to meet their demands by February 14 or face a tougher movement.

They made the demand at a rally at Aparajeyo Bangla in the morning. The students also submitted separate memorandum to the President, the Chief Adviser, the Chief of Army Staff and the Chairman of Public Service Commission (PSC) to press home their demand.

Earlier, at least one thousand students brought out a procession, which paraded the campus streets. The police barred the procession at Shahbag crossing when it was marching towards the PSC to submit the memorandum to the PSC Chairman.

Later, the students held a rally on the campus where former Chairman of University Grants Commission (UGC) Prof M Asaduzzaman expressed his solidarity with the students.

"Recruitment through the quota system is producing some less meritorious and incapable administrators in different governmental sectors," Prof Asaduzzaman said while addressing the rally.

In BCS examinations, 55 per cent appointment is made under the quota system and rest 45 per cent on merit basis. The quotas are: freedom fighters, women, district and indigenous quotas.

However, 'Muktijuddha Prajanma', a platform of the DU students, alleged a certain quarter want to destroy the spirit of the liberation war.

"The student community will not accept any such movement which dishonours the great achievement of 1971 in the name of ejecting quota system from BCS examinations," they said at a press conference at noon.

6,000 children attacked with cancer every year in country

Staff Reporter

Some five to six thousand children in Bangladesh get attacked with childhood cancers every year.

Some 60 to 70 per cent of childhood cancer patients can be cured if timely and proper medical care can be provided and other necessary measures are taken. But scanty facilities, huge expenses and prolonged treatment are the main hindrances to achieving this goal.

This was disclosed at a press conference organised by Bangladesh Childhood Cancer Society (BCCS) at the National Press Club in the city yesterday in observance of World Cancer Day.

Prof MA Mannan, President of BCCS and Chairman of Pediatric Oncology and Hematology of Bangabandhu Sheikh Mujib Medical University (BSMMU), presided over the conference.

Speakers said costs of treatment for a childhood cancer patient ranges between Tk 50,000 and Tk 5,00,000. Time period involved varies from six months to three years. Because of its specialised nature, treatment requires constant monitoring under the specialist doctors and in the specialised logistic support, which is nearly non-existent in places other than Dhaka.

Childhood cancer patients from marginal income or have-not groups are faced with the mortal penalty of the failures in receiving proper treatment. They also cannot afford the heavy lodging and other incidental expenses in Dhaka for a long time, they said.

Death rate of childhood cancer is high. The ratio of cancer death in the total scenario has increased as deaths from common diseases like pneumonia, diarrhoea and others has drastically dropped due to healthcare development in the country, experts said.

The World Cancer Day rally will be held in the city, which will start at 8:30am from BSMMU Bot Tola and end at the National Press Club today (Monday), they said.

Sadeque Ali, former president of Dhaka Rotary Club, Eng ADM Alauddin, Secretary General of BCCS, Dr Chowdhury Yakub Jamal, Treasurer, Dr ATM Atiqur Rahman of BCCS, among others, were present at the conference.

Precaution beefed up as bird flu scare grips port city

Chittagong Correspondent

Though the avian influenza virus, what causes 'Bird Flu' among fowls, has been detected in a number of crows died in the port city, there is still no direct evidence of the virus infection in poultry.

Presence of the virus among some of the dead crows in the port city prompted the district administration, Chittagong City Corporation (CCC) and the livestock department to revive high alert.

The district administration and the departments concerned here in the port city sitting together over and over for working out the strategy to tackle the probable threat to the public health.

"We've drawn a comprehensive precautionary scheme across the district to resist spread of the virus "Deputy Commissioner (DC) Ashraf Shamim told the reporters on last night.

"Bird flu has been found in the dead crows, but the virus has not been found in any chicken or eggs anywhere in the district," the DC asserted without referring to the quantity of poultry and poultry eggs screened for the virus.

Chittagong district livestock officer Abdul Mannan confirmed that no bird flu virus had yet been detected in any chicken or duck in Chittagong.

As part of the preventive measures, people have been advised not to touch the crows, poultry birds and fowls dying

without known reason. The district administration, however, refrained from asking people to stop eating poultry eggs.

Two check posts have been set up at Shubhapur Bridge and Baroierhat of Mirsarai Police Station to strictly control the entry of poultry and eggs from outside the district. Two control rooms have been set up to monitor the situation.

Police today stopped a lorry laden with poultry eggs near Mirsarai and sent the eggs to quarantine.After an emergency meeting this afternoon, the CCC today sprayed disinfectant fluid at the city's poultry markets.

Initiatives have also been taken to monitor all poultry farms and raise awareness among the workers and owners while district administration had directed upazila officers to ensure the cleanliness of markets and spray disinfectant at the retail outlets of poultry birds.

Tk 8,000cr poultry industry at stake

Staff Reporter

Poultry sector leaders find government's ineptitude as the main reason behind the outbreak of bird flu in an epidemic form that has recently put the Tk 8 thousand crore industry at stake.

"The government policy do not allow private sector to import any antiviral or take any preventive measure against bird flu. The livestock department of the government is deliberately destroying the poultry sector," said Dr MM Khan, Technical Adviser of the Bangladesh Poultry Industries Association yesterday while talking to this correspondent.

Import of antiviral or diagnosis by the private sector is banned from the very beginning. The government is not listening to or taking any of the measures recommended by the industry leaders.

Dr MM Khan said the livestock department have not conducted any survey in the last three years, did not educate or raise awareness among the poultry owners and never diagnosed to check if any virus attack was in the offing.

He said nearly 50 lakh people were involved in the poultry sector. In the last three years half of the total 1.5-lakh farms have closed down due to attack of avian influenza and other bacteria. A number of workforces of the sector have already become jobless due to the closure.

Secretary General of the association Syed Abu Siddique said nearly 100 farms were affected by bird flu and so far 3.5 lakh fowls were culled across the country.

He said the livestock department is not working properly. There is no monitoring system especially in the upzila and the remote areas.

The livestock department should have more vigilance so that attack of any virus or bacteria can be prevented from the very beginning, Siddique said.

He said the industry is passing through a very critical moment. More effective steps are needed from the government side to save the sector.

The secretary general informed that nearly 30 teams of the association were working across the country for the last four years to raise awareness among the stakeholders.

He also said the poultry sector can only be saved if both the government and private sector work hand in hand.

Meanwhile, the Special Assistant to the CA for Fisheries and Livestock Ministry Manik Lal Samaddar recently requested owners of poultry farms to come forward to tackle the situation saying that it is not possible to overcome the situation alone by the government.

CEC, ECs meet CA today

UNB, Dhaka

The Election Commission headed by CEC Dr. ATM Shamsul Huda will meet Chief Adviser Dr Fakhruddin Ahmed on Monday afternoon to discuss issues concerning the independence of the Commission.

The Council of Advisors last week approved the Separate Election Commission Secretariat Ordinance 2008 providing independence to the Election Commission.

EC Sohul Hussain said that during the meeting with the Chief Advisor they would raise the points of the Commission's accountability as well as power of formulating rules.

"There are some issues raised (regarding the ordinance). We'll meet the Chief Adviser to sort out the issues that are being reported in media-to whom the Commission will be accountable and who will have power of formulating concerned rules," he told UNB Sunday evening at his Gulshan house.

He said the government is trying heart and soul to make the EC independent and independence of the Commission a major achievement. However, Sohul apprehended that holding of national elections on time might be hampered if the EC is brought to court frequently on different issues.

"Possibility may be there to hamper the holding of the elections (in due time), if the Commission is brought to court frequently (on different issues). So, it should be kept in mind before going to court," he said responding to a query about the HC order on the EC to inform why the information about a voter's religious status would not be kept in the voters' particulars form.

Everyone of the country should work for one purpose (for elections), he said, adding that they want to hold the elections and all should help them implement the roadmap to hold the polls by December 2008.

Barge mounted power plant graft case: Hearing adjourned till Thursday

Staff Reporter

Trial of detained former Prime Minister Sheikh Hasina in a Tk 3 crore barge- mounted power plants scam case yesterday began in the Special Court on the premises of Parliament building complex in the city.

Dhaka Metropolitan Sessions Judge Firoj Alam adjourned the charge framing hearing of the case till Thursday (January 7) at the request of the defence lawyers, who prayed for time to examine the documents of the charge.

Acting Awami League (AL) President Zillur Rahman, who was present in the Court during the hearing as one of her counsel said this after the adjournment.

The judge allowed the lawyers to consult with Sheikh Hasina, the President of the AL, for an hour.

Zillur Rahman, in a statement, yesterday expressed concern at the health condition of Sheikh Hasina.

Talking to journalists after emerging from a special Court trying Sheikh Hasina in the graft cases, Zillur said she is suffering from high blood pressure but doctors did not visit her.

"Medicines are being prescribed on telephone but no doctor saw her," he said, adding, "This is inhuman."

Earlier, on Saturday, Sheikh Hasina yesterday alleged that the Government suddenly decided to begin trial of the second graft case against her sensing she would not be punished in Azam J Chowdhury's case.

Her counsel Advocate Quamrul Islam said this after meeting her at the Special Jail on the premises of Parliament building. Her counsel, Senior Advocate Golam Arif Tipu was also present during the meeting. He, however, did not talk to the media.

"The Government is sure that I could not be punished in Azam J Chowdhury's case as he did not identify me as an accused in the Court. As such, the Government has hurriedly decided to start the trial of the second case," Sheikh Hasina was quoted to have told her lawyers in the prison.

The Dhaka Metropolitan Sessions Judges Court began the hearing in the graft case for allegedly taking Tk 3 crore extortion money from two business houses- Summit Group and United Group for awarding contract for three barge-mounted power plants.

"Expressing deep concern about the fairness of the trial of the new case, Sheikh Hasina apprehended that she might not get justice," said Advocate Quamrul Islam, who is also the Acting General Secretary.

Sheikh Hasina was arrested on July 16 last year in an extortion case involving Tk 3 crore.