The New Nation - Internet Edition

Fakhruddin’s ground-breaking address: General polls in Dec 3rd week : Indoor politics allowed with 9 conditions from today; Political dialogue begins May 22; Emergency rules to be

Dr Fakhuruddin Ahmed

Staff Reporter

Lifting embargo on indoor politics across the country from today, Chief Adviser Dr Fakhruddin Ahmed yesterday announced that the general elections would be held any day in the third week of December this year.

He said the formal dialogue between his Government and political parties would begin from May 22, while the relevant rules of the state of emergency would either be relaxed or deleted at appropriate time in order to create an atmosphere congenial for the general elections that would allow free movement of political leaders and activists before the polls.

The Election Commission (EC) will announce the specific schedule of the general elections, as per its polls-roadmap, while the Caretaker Government will take all necessary measures to implement the EC's announcement, he added.

Announcing this in an Address to the Nation, the Chief Adviser stressed the need for mapping out a National Charter for the political and economic leap forward of the country on the basis of consensus between all political parties, the professional bodies and the Government through discussion before the polls.

"The National Charter will ensure the stability of the next elected Government that would have a balance of power between all constitutional posts of the Republic, the establishment of sustainable democracy and an effective accountable Parliament, unhindered national development and progress, creating an atmosphere of cooperation between all parties instead of enmity," he said, seeking cooperation of all political parties, professional bodies, conscious citizens and the people as a whole.

"This is the expectation of the whole nation that all political parties, whose main purpose is to develop the country, will agree on a National Charter through discussion saying good bye to disruptive programmes like hartals, blockades and confrontational street agitations," Dr Fakruddin said, adding, "The National Charter will give a legal cover to the political, administrative and institutional reforms carried out the present Caretaker Government that would not exist anymore after the year end."

Listing the institutional reforms carried out by his Government during the last 16 month after the January 11 (2007) changeover, including the Separation of Judiciary from the Executive, the reorganisation of the Election Commission and the Anti-Corruption Commission, the Chief Adviser said all steps of his Government was aimed at holding a free, fair and credible general elections that would be free from black money, muscle power and confrontational politics.

He stressed the need for carrying forward the anti-corruption drive, saying, "The nation will never know the length of corruption in which it was in if the Caretaker Government did not launched the anti-graft campaign."

Noting that the EC has already mapped out an Elections Code of Conduct and updated the electoral laws on the basis of its discussion with political parties and different professional and citizens' bodies, he said his Government would soon promulgate specific legal instruments, including rules and regulations on those.

"These will call for reforms of political parties, including their democratisations and an end to the practice of front organisations, which had become instruments for narrow partisan politics," he said, pleading to the political leaders to bring about reforms to their respective political parties before the general elections, so that the country could never return to the pre-January 11 politics of confrontations.

Dr Fakhruddin said the EC, as per its roadmap, has already announced its plans to hold elections to the City Corporations, some paurashava and upazilas. "This local elections will create the proper and congenial atmosphere for the general elections and the local body polls would in no way affect the holding of the general elections within third week of December," he asserted.

Terming holding the general elections as the main task of his administration, he said, "All activities of the Caretaker Government were aimed at ensuring the holding of a free, fair and credible elections, for which a correct voters' list was not only necessary it was the demand of all the political parties."

The Chief Adviser said over six crore correct voters' list with photographs had already been prepared and rest would be prepared on time. He thanked the voters, the EC, the Army and the people as a whole for this achievement.

Referring to the background of the January 11 (2007) changeover, he said the politics of narrow partisan interests and erosion of rule of law, reduction of law and order and politicisation of the administration led to the confrontational and anarchic situation.

Making a clarion call to all concerned, including the leaders of political parties to cooperate with his Government and each other to accomplish its prime task-the holding of general elections, the Chief Adviser pointed out that the country this year had a bumper harvests in Boro, potato and wheat cultivation.

"And this (bumper harvests) proved that what we can achieve as a nation if we remain united and cooperate with each others," Dr Fakhurddin said, urging the political parties to join the formal dialogue with open mind. "The Government has no agenda for the formal dialogue," he asserted, expressing the hope that the political leaders would join the talks with the spirit to lead the nation to progress, development and a sustainable democracy.

He expressed gratitude to the farmer, the people, the political parties and professional groups for the achievements of the country during the tenure of his Government.

Appellate Division on Emergency Rules

Recently, full Bench of the Appellate Division of the Hon'ble Supreme Court comprising Mr Justice Md Ruhul Amin CJ, Mr Justice Md. Fazlul Karim, Mr Justice MM Ruhul Amin, Mr Justice Tofazzul Islam, Mr Justice Joynul Abedin, Mr Justice Hassan Ameen and Mr Justice Md Abdul Matin allowed two appeals being Nos. 5 and 6 of 2008 filed by the Anti-Corruption Commission against Barrister Najmul Huda and Barrister Mir Helaluddin. In view of the public importance, we reproduce below the relevant findings as regards bail and other issues under Emergency Powers Rules dealt with in the judgement delivered on 6.3.2008 on behalf of the Hon'ble Appellate Division by Mr Justice Md. Abdul Matin:

The argument on behalf of the respondent is that Rule 11 does not apply in cases of conviction under any of the offences under the laws mentioned in Rules 14 and 15, rather Rule 11 is applicable only in cases of the judgements of the Courts mentioned in Rule 10 and not in cases of the judgements by the Special Judge.

We find no substance in this argument, inasmuch as Rule 11 speaks of Judgements of any Court under the Emergency Powers Rules and not only Courts mentioned in Rule 10. Section 18Kha(3) specifically mentioned Special Judge who has been mandated to follow Criminal Law Amendment Act, 1958 subject to the provisions of the Emergency Powers. Rules, 2007 and therefore any person aggrived by any judgement of Special Judge, his appeal is regulated by Rule 11. The expression in Rule 11(1) ÒGLwZqvi m¤úbœ Dchy³ Av`vjZÓ in the instant cases refers to the High Court Division in view of section 10 of the Criminal Law Amendment Act, 1958 and the High Court Division when hearing an appeal under section 10 of the Criminal Law Amendment Act, 1958 is to follow the provisions of Rule 11 in the matters of speedy and effective disposal of the appeals as well as in the matters of granting stay operation of the jugement of the Special Judge and also in the matters of granting bail. The expression ÒGB wewagvjvi AwabÓ refers to the Emergency Powers Rules as a whole. It cannot mean and refer to Rule 10 only otherwise the expression would have been ÒD³ wewai AwabÓ i.e. under the aforesaid Rule.

The question is, whether the High Court Division during pendency of the appeal is debarred from granting bail to the appellants.

Sub-rule 2 of Rule 11 provides for speedy disposal of the appeal within 90 days from the date of filing and sub-rule 3 provides, in unequivocal terms, that the appellate Court during pendency of the appeal shall not grant bail or stay operation of the judgement.

Rule 11(1) speaks of different appeallate Courts which is obvious from the expression ÒGLwZqvi m¤úbœ Av`vjZÓ and in view of section 10, Criminal Law Amendment Act, 1958 the High Court Divsion is one of such appellate Courts and in view of Rule 11(3) High Court Division is the ÒAvcxj Av`vjZÓ and therefore, the embargo in the matter of granting bail is at once applicable to the High Court Division in matters of appeals under section 10 of the Criminal Law Amendment Act, 1958, not because it is the High Court Division but because it is the appellate Court within the meaning of 18Kha(3) and 11 of the Emergency Powers Rules.

The language of Rule 11(3) admits of no ambiguity and therefore, there is hardly any scope for interpretation. The intention of the law makers is manifested in the express words used in Sub-rule 3 leaving no scope to doubt that such power of granting bail by the appellate Court has been taken away by express provisions.

The object of the Emergency Powers Ordinance is to bring the offences under other laws within the mischief of the Emergency Powers Rules has been spelt out in section 3 Ka of the Ordinance as quoted hereinbefore. The purpose is Ò`ª“Z I Kvh©Kifv‡e m¤úbœ Kwievi Rb¨Ó i.e. the offences under Criminal Law Amendment Act, Penal Code, Anti-Corruption Act, 2004 as well as offence under section 5(2) of Prevention of Corruption Act, 1947 have been brought under the Emergency Powers Rules for two purposes - (1) For speedy trial and (2) For effective disposal of the appeals, etc. In the earlier law there was no time limit for disposal so far the appels are concerned. There was no total embargo in granting bail. In order to implement the scheme of the law, the law makers brought the appeals and trial, etc. under the Emergency Powers Rules to avoid delay in the disposal and to ensure that the convicts do not run away on getting bail.

One of the Rules of interpretation is called mischief Rule, which provides that "the office of the Judge is, to make such construction as will suppress the mischief, and advance the remedy, and to suppress all evasions for the continuance of the mischief. To carry out effectually the object of a statute, it must be so construed as to defeat all attempts to do, or avoid doing, in an indirect or circuitous manner that which it has prohibited or enjoined." This manner of construction has two aspects. "One is that the Courts, mindful of the mischief rule, will not be astute to narrow the language of a statute so as to allow persons within its purview to escape its net." (Maxwell on The Interpretation of Statutes 12 Edition Page 137).

From the discussions as above we cannot but hold that Rule 11 of the Emergency, Powers Rules, 2007 as a whole is not only applicable in respect of offences mentioned in Rules 3 to 8 of the Rules but also in respect of the offences under the laws mentioned in Rule 14 and 15 of the Rules, inasmuch as the Rules are to be read and construed as a whole and not in isolation of each other.

Granting of bail by the appellate Court is governed by section 426 of the Code of Criminal Procedure. In view of Rule 12 of the Rules, section 426 of the Code of Criminal Procedure could have been applicable had it not been inconsistent with Rule 11(3) of the Rules and since Rule 11(3) specifically bars the jurisdiction of the appellate Court which is, in the instant cases, the High Court Division, no bail can be granted by the appellate Court as the High Court Division in view of Rule 11(3) of the Rules.

Legal history is replete with examples that extreme situation often demanded a nation to take extreme legal measures. Penologists in America aptly wrote as early as in 1842 that "Penalties inflicted by human law, having their foundation in the intrinsic ill-desert of crime, are in their nature vindictive as well as corrective" Harsh laws, therefore, are made for the greater benefit of the people when situation so demands. American Supreme Court approved without dissent such harsh powers in the case of Harabayashi vs United States (1943) that involved more than one lac Americans who were expelled from their communities for disloyaty, the mass evacuatin of Japanese - Amercians from their west coast during World War II and their confinement for three years " in Tar-Peper barracks fenced by barbed wire and guarded by armed solidiers" for " military necessity." Suspension of Constitutional rights had t be sanctioned by the Court during war time. Judges probably remembered the Roman statesman, Cirero who said "Silent leges inter arma" (laws are silent amid arms). We are, however in respectful agreement with Lord Atkin when he said, " amidst the clash of arms the laws are not silent. They may be changed but they speak the same language in war and peace Habeas Corpus Suspension Act and the Emergency (defence) Act 1939 in England are the other examples. In India in 1975 though 9 High Courts held tha writ peitition in the nature of Habeas Corpus was maintainable during emergency, the Indian Supreme court in ADM, Jabalper vs Sukla, AIR 1976(SC) 1207, held that no person has locus standi to move any writ petition for direction to enforce any right to personal liberty of a person detained under MISA.

In our jurisdiction in 1972 such harsh laws were made and jurisdictin of the High Court Division to grant bail was ousted.

Article 10 of PO 50 and Article 14 of PO 8 put similar restriction in the matter of granting bail to persons convicited under PO 8 of 1972 and PO 50 of 1972. In 18 appeals the High Court Division granted bail to persons convicted under the above two President Orders and 18 appeals were preferred before this Court by the Government and this Court set aside all those Judgements of the High Court Division and allowed 18 appeals holding:

"The contention of Mr Abdul Hye Choudhury and Mr Serajul Huq that the restrictions in the matter of bail to convicted persons as enjoined under Article 10 of PO 50 and Article 14 of PO 8 were intended to apply only to the trial Court. therefore, cannot be sustained. The restrictions obviously apply and were intended to apply to the High Court Division to which appeal lies from convictions under these orders."

This Court, in that case, further held "that the provisions of the said two Articles are very extraordinary and they are likey to entail unnecessary hardships and injustice in some cases but such considertion should not deflect a Court from its duty to interpret law in the light of manifest intention of the legislature." Solicitor, Government of Bangladesh vs Syed Sanwar Ali 27 DLR (AD) 16.

In series of cases this Court laid down a general principle that in appeals involving short sentences the High Court Division should dispose of appeals expeditiously or release the persons on bail. Reference may be made of cases reported in 1991 BLD (AD) 96 = 43 DLR (AD) 119, 1994 BLD (AD) 184 = 46 DLR (AD) 143 and 1999 BDL (AD) 202 = 51 DLR (AD) 162.

These decisions declaring laws on bail is part of law of the land and should be read into all the special laws, in view of Article 111 of the Constitution. It may be noticed that in section 212 of the Government of India Act 1935 the language used was, "judgements of the Privy Council is binding upon the Federal Court and all the Courts in India as far as practicable and judgement of the Federal Court is binding upon all Courts subordinate to it as far as practicable but in our Article 111 the word "judgment" has been replaced with the words "law declared" and "as far as practicable" has been omitted with deliberate intention to make the declaratory part of the judgements binding upon the whole nation not only upon the High Court Division and the Courts subordinate thereto.

It is shocking to note that though in the case reported in 1994 BLD (AD) 184 = 46 DLR (AD) 143 the High Court Division was admonished for writing long judgemnt for the purpose of disposal of bail petition but it appears that the High Court Division has totally ignored this message and in these cases dealt with bail applications at considerabl length spending time and energy which was sufficient for disposal of the appeal itself.

In view of our discussion and observations as above, the appeals are allowed the judgement in both the appeals are set aside but the appellate Court, in case of short sentence not exceeding 3 years, when the appeal could not be disposed of within 90 working days for no fault of the appellant and/or in the case of serious illness endangering life to be certified by duly constituted Medical Board, may consider the matter of granting bail in an appropriate case in an appeal.

(Published in April issue of Dhaka Law Reports)

Indoor politics tinged with 9 conditions

UNB, Dhaka

Government yesterday issued a gazette notification lifting ban on indoor politics in the country with some nine conditions.

This will allow political parties to hold indoor meetings from today.

Earlier on March 8 last year, the caretaker government had imposed a total ban on all sorts of political activities, including indoor politics, processions and meetings, across the country.

The conditions for holding such indoor political meetings are:

Concerned Metropolitan Police Commissioner, District Magistrate or Upazila Nirbahi Officer (UNO) must be informed 48 hours before holding any meeting of maximum 200 people.

If more than 200 people attend any such meeting prior permission must be taken 72 hours ahead from concerned Metropolitan Police Commissioners, District Magistrates or Upazila Nirbahi Officers (UNO).

The gazette notification issued by the Home Ministry also said the meeting must be held indoor or inside any residential premises, community centre, hotel, restaurant or office of concerned organization.

No similar meeting will be allowed to be held at any open place, the notification said.

The indoor meetings can only discuss and decide on issues relating parties, organizational activities and election related matters.

The notification further said that the activities of meetings cannot be broadcast or telecast live by any electronics media but news and pictures of the meeting can be aired as part of the scheduled news bulletins.

The indoor meetings would not be allowed to use microphones so that the discussions cannot be heard outside, the notification added.

Sharp reaction to CA’s speech: Nothing new: AL Disappointing: BNP

Staff Reporter

Leaders of major political parties have termed the Chief Adviser's address to the nation disappointing. Some leaders, however, welcomed.

In their instant reaction after the televised speech of the Chief Adviser, they said there was nothing new about the existing problems of the country or its solutions in his speech.

Awami League acting president Zillur Rahman said the Chief Adviser's address to the nation disappointed the nation.

He said they hoped that the Chief Adviser would make things clear about the release of Sheikh Hasina but there was nothing about it in his speech.

The AL leader said the Chief Adviser did not say anything about the withdrawal of the state of emergency either.

"He announced the lifting of the ban on indoor politics. But we have to run door to door in the administration for permission if we want to gather more than 50," he said.

Secretary General of pro-Khaleda faction of BNP Khondoker Delwar Hossain said the entire nation has been disappointed at the CA's address to the nation.

"Hopes and aspirations of the people were not reflected in the Chief Adviser's address; rather it seemed that the Caretaker Government was advancing with its blueprint," he said.

He said there is no indication of the withdrawal of state of emergency, release of the two leaders and price spiral.

On the other hand, acting secretary general of pro-reformist faction of BNP Maj (Retd) Hafiz Uddin Ahmed welcomed the CA's address and termed is positive.

He said it has fulfilled the hopes and aspirations of the people.

Jamaat-e-Islami Secretary General Ali Ahsan Mohammad Mojaheed said it is regretful that there is no effort to create a congenial atmosphere for the dialogue and holding the elections. He also regretted that there is no indication of the release of Sheikh Hasina and Begum Khaleda Zia and other political leaders.

Prof Muzaffer Ahmad, Chairman of the Trustee Board of Transparency International Bangladesh, said Monday Chief Adviser Fakhruddin Ahmed explained "everything" political parties wanted to know.

"The Chief Adviser announced a date and some possible agenda of dialogue. The matter of understanding was in the speech," he said.

Muzaffer said the CA did not clarify if talks would be held together with Jamaat-e-Islami.

He said the CA's speech was supplementary to the roadmap laid out by the Election Commission. "It cleared the government's position. It is a good thing," he said.

Prof Anwar Hossain, general secretary of Dhaka University Teachers Association, told bdnews24.com that the speech disappointed the nation.

"The nation expected a specific announcement on the withdrawal of the state of emergency," he said.

Bangladesh poised for record rice output: FAO

SMILE SAYS IT ALL: A mother and her daughter at
Bhajan Danga of Aliabad Union in Faridpur reap nature's
bounty from their land, which was devastated by cyclone Sidr
only recently. FocusBangla

Staff Reporter

Bangladesh and some Asian nations can attain tremendous growth in rice output this year, the UN Food and Agriculture Organisation (FAO) said Monday forecasting a new record level in food grain production.

"Bangladesh, China, the Philippines, Thailand and Vietnam could register the largest gains. Prospects are also buoyant for Indonesia and Sri Lanka, despite some recent flood-incurred losses. Major gains in rice are expected all across the region," FAO rice expert Concepcion Calpe said in Rome.

However, she said, world rice prices could remain high in the short term due to the destruction of Myanmar's food resources by a deadly cyclone, which may decrease national production and impair access to food. The FAO expert quoting preliminary forecasts said, "World paddy production 2008 could grow by about 2.3 per cent, reaching a new record level of 666 million tonnes."

Production growth could even be higher if recent appeals and incentives to grow more rice lead to expansion, according to the Rice Market Monitor.

But the May 3 cyclone disaster in Myanmar could well worsen the forecast, FAO said.

"The cyclone damage could worsen the current global riceproduction outlook," FAO added.

"The cyclone struck when paddy farmers were harvesting their dry season crop accounting for 20 percent of annual production."

"Entire rice-growing areas are flooded and many roads and bridges are impassable. Several rice warehouses and stocks were destroyed. Rice prices in Rangoon (Yangon) have already surged by nearly 50 per cent."

"Myanmar may need to turn to neighbouring countries, such as Thailand and Vietnam for rice imports," the FAO said: "This could lead to further pressure on world prices."

For the first time, paddy production in Asia could surpass the 600 million tonnes benchmark this year, amounting to 605 million tonnes, Calpe said.

Assuming normal rains in the coming months, rice production in Africa is forecast to grow by 3.6 per cent to 23.2 million tonnes in 2008.

Paddy production in Latin America and the Caribbean was expected to rebound by 7.4 per cent to 26.2 million tonnes.

Rice prices have skyrocketed by around 76 per cent between last December and April, according to the FAO Rice Price Index.

International rice prices were expected to remain at relatively high levels, as stocks held by exporters are expected to be reduced heavily.

To avoid food scarcities in their own countries, major rice exporters have imposed export bans, taxes or minimum ceilings, the agency noted.

These measures further restricted the availability of supplies on international markets, triggering yet more price rises and tighter supply conditions.

For prices to fall favourable weather conditions must prevail in coming months and governments relax rice export restrictions, the FAO said.

Even then, rice prices are unlikely to return to the levels of 2007, as producers have to pay much more for their fertilisers, pesticides and fuel.

Ismat Jahan allowed to marry foreigner

Ismat Jahan

Staff Reporter

Ending an old dilemma of foreign service cadres, the Council of Advisers has amended a 1976 Law to allow its diplomats to marry foreigners.

The Council of Advisers in its weekly meeting with Chief Adviser Fakhruddin Ahmed on Sunday approved the legal amendment allowing diplomatic job holders to marry foreigners.

"With the approval to the Public Servant (marriage with foreign national) (amendments) Ordinance 2008, the foreign service officers can now marry foreign nationals with

the permission of the President," a Cabinet Division spokesman said.

Under the 1976 Ordinance, the government employees could marry foreign nationals with the President's permission but there was an embargo regarding marriage of Foreign Ministry officials with foreigners.

Foreign Ministry sources earlier this month said Bangladesh's permanent representative to UN Ismat Jahan expressed her desire to marry a Dutch national presently staying in New York.

Jahan communicated her desire to the Foreign Ministry in Dhaka and sought permission though Foreign Service rules did not allow so far diplomats to marry foreigners as "there is a risk of state secrets being leaked out." Jahan, who is in her early 50s, was determined to marry her Dutch fiance even risking her job, her colleagues said.

Earlier, Anwarul Karim Chaudhury, a permanent representative to UN, married a Nepalese woman and he was allowed to continue his service but former Bangladesh envoy to Malaysia Wazed Ali Khan had to quit his job after marrying a Pakistani woman.

EC delimitation of 133 constituencies challenged: High Court issues rule

Staff Reporter

The High Court yesterday issued a rule nisi asking the Election Commission (EC) and the Government to explain why the EC's decision to carry out delimitation of 133 parliamentary constituencies would not be declared illegal.

The rule nisi was issued by the High Court Bench comprising Justice Syed Mahmud Hossain and Justice Farid Ahmed in line with a writ petition filed by former BNP lawmaker Abdul Mannan of Dhaka-2 constituency challenging the validity of the delimitation of parliamentary seats.

The Chief Election Commissioner (CEC), two election commissioners, EC Secretary and Principal Secretary to the Chief Adviser have been asked to respond to the rule nisi within two weeks.

However, the court did not stay the process of delimitation.

Participating in the hearing on the writ petition filed on Sunday, Advocate Khandker

Mahbubuddin Ahmad told the court that as per law the delimitation of parliamentary constituencies would have to be carried out before preparation of the voter lists.

"The delimitation of the constituencies carried out by the EC was contrary to the Constitution since it has been carried out after completion of 80 per cent work of voter listing," he argued.

He said a census would be held after the Jatiya Sangsad election as per election law that would precede re-demarcation of parliament seats.

According to the Constitution, the EC's duty is to hold election within 90 days from the dissolution of Jatiya Sangsad, the lawyer agreed.

He said if the decision of delimitation were taken with short time in hand after dissolution of parliament, making objections and settling the contradictions would not be possible.

"It will also hamper the preparation for the election," he said.

Additional Attorney General Salauddin Ahmad told the court that the writ petition regarding the delimitation had been aimed at delaying the election since it was a decision of the EC.

Mahbubudddin ruled out the state lawyer's allegation.

"If the decision to delimit constituency were suspended, the election would not be delayed; rather the EC's decision on the delimitation will rather delay the polls," and asked that why did the EC not delimit the constituencies in the last six years.

Salauddin blamed the BNP government for non-delimitation while Mahbubudddin said it is the EC, not the Government that is responsible for delimitation.

Closure of OMS worries middle income group

Talha Bin Habib

The people of middle-income group have been facing difficulties in purchasing rice in reasonable price since the closure of Open Market Sale (OMS) of rice in different areas of the city.

People of lower and middle classes have been thronging the paramilitary BDR controlled fair price shops everyday for buying rice and other essentials commodities within affordable price since the OMS programme has been closed from May 1.

The queues of people are widening everyday at BDR shops for purchasing necessary items. Many of them could not purchase rice even after waiting long hours.

After the shut-down of the OMS programme, a total of 15 trucks started selling rice from

last week at a price of Tk 25 per kg in different areas of the city. But the arrangement of selling rice in subsidised price is not enough for coping with the demand.

Customers at different BDR shops said they have been facing difficulties in buying rice after the closure of OMS programme.

Fatema Khatun, a housewife at Azimpur Colony ground BDR shop said she had purchased rice after waiting for six hours.

Shah Alam, a construction worker, said he usually purchased rice from OMS dealers. But after the closer of OMS he has been facing difficulties in purchasing rice. He failed to purchase rice yesterday from the BDR shops due to long queue.

"If I waste some hours in buying rice than I might be deprived of my day's salary," he said at Palashi area BDR shop in the city yesterday.

City dwellers of middle income called upon the Government to reintroduce OMS programme till the completion of the ongoing 'Boro' harvest.

Over 8000 killed in China quake

AP, Beijing

A massive earthquake struck central China on Monday, killing more than 8,500 people, trapping nearly 900 students under the rubble of their school and spilling ammonia from a chemical plant, state media reported.

The 7.8-magnitude earthquake was among the worst to strike China in decades, devastating a hilly region of small cities and towns in Sichuan and nearby provinces. The official Xinhua News Agency said 8,533 people died in Sichuan and dozens of other deaths were reported elsewhere.

Xinhua said 80 percent of the buildings had collapsed in Beichuan county in Sichuan province after the quake, raising fears the overall death toll could increase sharply.

A chemical plant collapsed in Shifang city, to the northeast of the quake's epicenter, burying hundreds of people and sending more than 80 tons of toxic liquid ammonia leaking from the site, state media reported.

The earthquake sent thousands of people rushing out of buildings and into the streets hundreds of miles away in Beijing and Shanghai. The temblor was felt as far away as Pakistan, Vietnam and Thailand.

The quake posed a challenge to a government already grappling with discontent over high inflation and a widespread uprising among Tibetans in western China while trying to prepare for the Beijing Olympics this August.

It hit about 60 miles northwest of Chengdu in the middle of the afternoon when classrooms and office towers were full. There were several smaller aftershocks, the U.S. Geological Survey said on its Web site.

The temblor struck hilly country leading up to the Tibetan highlands, toppling buildings in small cities and towns in the largely rural area. About 1,200 pandas - 80 percent of the surviving wild population in China - live in several mountainous areas of Sichuan.

The earthquake occurred in an area with numerous fault lines that have triggered destructive temblor before. A magnitude 7.5 earthquake in Diexi, Sichuan that hit on August 25, 1933 killed more than 9,300 people.

Xinhua said 50 bodies had been pulled from the debris of the school building in Juyuan town but did not say if the children were alive. Xinhua reported students also were buried under five other toppled schools in Deyang city.

Xinhua said its reporters saw buried teenagers struggling to break loose from underneath

the rubble of the three-story building in Juyuan "while others were crying out for help."

Two girls were quoted by Xinhua as saying they escaped because they had "run faster than others."

Photos showed heavy cranes trying to remove rubble from the ruined school. Other photos posted on the Internet and found on the Chinese search engine Baidu showed arms and a torso sticking out of the rubble of the school as dozens of people worked to free them, using their hands to move concrete slabs.

Calls into the city did not go through as panicked residents quickly overloaded the telephone system. The quake affected telephone and power networks, and even state media appeared to have few details of the disaster.

"In Chengdu, mobile telecommunication convertors have experienced jams and thousands of servers were out of service," said Sha Yuejia, deputy chief executive officer of China Mobile.

Although it was difficult to telephone Chengdu, an Israeli student, Ronen Medzini, sent a text message to The Associated Press saying there were power and water outages there.

"Traffic jams, no running water, power outs, everyone sitting in the streets, patients evacuated from hospitals sitting outside and waiting," he said.

Xinhua said an underground water pipe ruptured near the city's southern railway station, flooding a main thoroughfare. Reporters saw buildings with cracks in their walls but no collapses, Xinhua said.

The earthquake also rattled buildings in Beijing, some 930 miles to the north, less than three months before the Chinese capital was expected to be full of hundreds of thousands of foreign visitors for the Summer Olympics.

Many Beijing office towers were evacuated, including the building housing the media offices for the organizers of the Olympics, which start in August. None of the Olympic venues was damaged.

"I've lived in Taipei and California and I've been through quakes before. This is the most I've ever felt," said James McGregor, a business consultant who was inside the LG Towers in Beijing's business district. "The floor was moving underneath me."

In Fuyang, 660 miles to the east, chandeliers in the lobby of the Buckingham Palace Hotel swayed. "We've never felt anything like this our whole lives," said a hotel employee surnamed Zhu.

Patients at the Fuyang People's No. 1 Hospital were evacuated. An hour after the quake, a half-dozen patients in blue-striped pajamas stood outside the hospital. One was laying on a hospital bed in the parking lot.

Skyscrapers in Shanghai swayed and most office occupants went rushing into the streets.

In the Taiwanese capital of Taipei, 100 miles off the southeastern Chinese coast, buildings swayed when the quake hit. There were no immediate reports of injuries or damage.

The quake was felt as far away as the Vietnamese capital of Hanoi, where some people hurried out of swaying office buildings and into the streets downtown. A building in the Thai capital of Bangkok also was evacuated after the quake was felt there.

A magnitude 7.8 earthquake is considered a major event, capable of causing widespread damage and injuries in populated areas.

The last serious earthquake in China was in 2003, when a 6.8-magnitude quake killed 268 people in Bachu county in the west of Xinjiang.

China's deadliest earthquake in modern history struck the northeastern city of Tangshan on July 28, 1976, killing 240,000 people.