The New Nation - Internet Edition

HC issues Rule on Government: Why emergency won’t be declared illegal?

UNB, Dhaka

The High Court Sunday directed the caretaker government to explain why the proclamation of state of emergency and the Emergency Power Ordinance along with its rules should not be declared illegal and contrary to the Constitution.

After a long legal debate between the counsel for the petitioners and the government attorney over a writ, a Division Bench comprising Justice Khademul Islam Chowdhury and Justice Mashuque Hosain Ahmed issued a ruling asking for government explanation of the legal basis of the emergency regime.

The Court also asked the military-backed government to submit in detail through affidavit as to "how the caretaker government would transfer power and how it would hold general election to make it transparent to the people".

The Rule is made returnable in four weeks.

Four Supreme Court lawyers-M Saleem Ullah, M Mohsen Rashid, Nahid Sultana Juthi and Abdul Mannan Khan-filed the public-interest litigation writ petition challenging the validity of the state of emergency proclaimed on January 11, 2007.

Adv MA Farooqui, assisted by Adv Ruhul Quddus Babu, appeared for the petitioners while Nayema Haider for the government.

The President promulgated the state of emergency in the wake of political turmoil that stalled a general election slated for January 22 last year-and a reconstituted caretaker government has been in power with military backing since the 1/11, 2007 changeover.

With the execution of the state of emergency, fundamental rights were suspended, political activities banned and freedom of the press was curtailed. Recently, the caretaker government relaxed some emergency provisions on political activities, now that elections are ahead.

Call to preserve relics, historical establishments

The main gate of Ahsan Manzil is on the verge of
collapse. Sections of the historic edifice gave way on
Sunday. NN photo

Staff Reporter

Joint endeavour of government, private institutions, officials and masses is required to preserve 2,500 year old glorious relics, historical establishments and archeological artifacts of the country speakers yesterday said at a seminar.

Save the Environment Movement organised the seminar on "Preservation of Relics, Historical Establishment and Archeological Artifacts: Our Duty "at the seminar room of public library.

They said, "Without collaborative efforts of these institutions it would be difficult to preserve the scattered but invaluable relics, historical establishments and archeological artifacts from the greedy schemes of launderers".

Government should adopt pragmatic policy and awareness programmee for people to help save the wealth they opined.

The speakers demanded formation of a national committee in collaboration with locals and specialists and to introduce sound rules on the matter.

They also asked for amending the existing rules and furnishing a list of the relics, historical establishments and archeological artifacts.

Among others, Dr Abu Sayeed M Ahmed, Chairman of Architect Department of Asia Pacific University, Syeda Rizwana Hasan, Director of Bangladesh Environment Lawyer Association (BELA), Abu Naser Khan, Chairman of Save the Environment Movement and Dr Jesmin Ara addressed the seminar.

Prominent journalist Kamal Lohani chaired the programmee.

$100m first phase budgetary support: Food crisis Bangladesh’s urgent challenge: WB VP

Isabel Guerrero

Staff Reporter

World Bank would provide US$100m to Bangladesh in the first phase as budgetary support to help the country build food security.

The assurance came yesterday after a meeting between WB Vice President for South Asia Region Isabel Guerrero and Finance Adviser Dr AB Mirza Azizul Islam at Planning Commission office in the city.

Later, World Bank Country Director Xian Zhu told reporters they would provide the amount in the first phase but it would be increased further in phases.

Isabel Guerrero, who left Dhaka yesterday concluding her two-day visit to Bangladesh, also assured of increasing the bank’s assistance in different sectors of the country this year.

Referring to Bangladesh’s success in achieving Millennium Development Goals the WB Vice-President said Bangladesh is in good position to move forward.

The Finance Adviser said they mainly discussed three challenges-climate change, global food price hike and food security.

He also said they sought WB assistance in reducing the rate of budget deficiency and aid from Food Crisis Respond Fund of WB to ensure food security.

Isabel Guerrero said that food crisis is the most urgent challenge of Bangladesh.

“The rise in food prices, and particularly rice, has really hit poor people in Bangladesh,” Guerrero said before her departure from Dhaka yesterday.

It was her first visit to the country as the World Bank Vice President for South Asia, a position she commenced on July 2 last.

“I am heartened by the government’s efforts to help the farmers achieve a bumper Boro rice harvest and to protect the poor from food price inflation, and we remain deeply committed to helping them overcome this urgent challenge,” she said.

Given the declining availability of land for agricultural uses, she also emphasised the critical need for increasing agricultural productivity in the medium-term in order to enhance food security in Bangladesh.

During her visit, Guerrero met with Chief Adviser Dr Fakhruddin Ahmed and discussed the Bank’s programmes in Bangladesh and how it can help the country address the shocks of rising commodity prices, particularly oil, food, and fertilizer.

The Bank is currently preparing an operation under the World Bank’s Food Crisis Response Program (FCRP), focussing on fiscal issues, social protection, and agriculture, she said.

The Bank is also conducting a household level survey to directly gauge the impact of food price increases on the poor in Bangladesh.

The World Bank has also recently approved funding to expand the Social Investment Program (SIPP) and a disability and Child at Risk project, with plans to also provide financing for secondary education, water supply and sanitation, social protection, and environment in the coming months.

With the Chief Adviser and Finance Adviser, Guerrero also discussed key development priorities including infrastructure, human development, climate change, and the government’s governance program. Guerrero lauded the government for its commitment to economic policy reforms and its anti-corruption drive.

Salahuddin new AG

Salahuddin Ahmed

Staff Reporter

Additional Attorney General Salah Uddin Ahmed has been appointed new Attorney General.

An official in the AG office yesterday said that Salahuddin would replace Barrister Fida M Kamal who resigned on July 16 on his personal grounds.

However, sources said the resignation of Fida M Kamal came after a recent tug of war between the military-backed interim government and the highest law officer of the government over a number of issues, including promulgation of the Government Attorney Service Ordinance 2008 and various government organisations and agencies and non-appearance of Fida Kamal for hearing in various important cases.

Before joining the AG office, Salah Uddin Ahmed had also worked for Dr Kamal Hossain and Associates.

73 Bangladeshis killed by BSF this year: Transit issue not discussed in Delhi, says Touhid: 4-day border confce begins in Kolkata today

Staff Reporter

At least 73 Bangladeshi civilians were shot dead by the Indian Border Security Force BSF along the border this year, said Foreign Secretary Touhid Hossain yesterday.“I told my counterpart that India is our friendly neighbour. Such huge number of killing of the civilians is unacceptable,” he told reporters at the Foreign Ministry on his return from the Foreign Office Consultations held in the Indian capital on July 17.

Touhid said the Indian side recognized Dhaka’s concern and a mechanism would be worked out at the next Home Secretary level meeting to be held in August to stop the killing along the border. The Foreign Secretary has termed unwarranted the killing of two BDR personnel by Indian BSF in Chapainawabganj Thursday midnight. He said the Foreign Ministry lodged a strong protest against the incident with the Indian government.

Replying to a question, he said there had not been any discussion on the Indian proposal for transit facilities through Bangladesh. Touhid, however, said Bangladesh proposed a new bus route Dhaka-Gwauhati-Shillong and to make Dhaka-Kolkata passenger train service viable by reducing the time for immigration clearance. He informed that the two sides agreed on border rivers’ protection and a joint technical committee would meet soon to prepare a common design of the bank protection embankment.

The meeting, he said, discussed issues concerning the trade imbalance, sharing of waters of the common rivers particularly the Teesta, exchange of enclaves, demarcation of the maritime boundary and sharing information on terrorism and bird flu.Replying to a question, the Foreign Secretary said that within one month the remaining quantity of 500,000 metric tons of rice would arrive from India. Besides, he said he requested his counterpart Shiv Shankar Menon to lift restrictions on rice export following good harvest in India.

Touhid said that during the meeting, he also raised the issue of trade deficit of more than US$1.9 billion and demanded removal of barriers to Bangladesh exports to Indian market. Menon assured that he would convey Dhaka’s concern to the Ministry of Commerce. On the other hand, Indian BSF killed yet another Bangladeshi national at Raghunathpur border Saturday morning in its aggressive posture with order to shoot at sight after sunset.The body of unidentified man in his late 20s was found lying in the field along the border. Villagers said BSF men crossed the border and left the body in the field in the morning.

BSF shot dead two BDR personnel in Chapainawabganj border Thursday night and two traders in Jessore border on Friday.

Reports from across the border said BSF whipped up tension along the border by ordering its troops to shoot at sight after sunset.

Omar Sharif, officer of Benapole Port police station said the body of unknown victim bore marks of multiple wounds.Touhid called on Indian External Affairs Minister Pranab Mukerjee on July 18. The Indian Minister hoped that cooperation in different fields between the two countries would increase.

Meanwhile, a four-day border conference between Bangladesh and India will be held today in Kolkata to discuss a long list of issues between the two next-door neighbours, including the latest irritant.The agenda of the border talks include the killing of Bangladesh Rifles (BDR) troops by Indian Border Security Force (BSF)--the latest incident of shooting down of two took place only two days back. Firing, killing or injuring innocent Bangladeshis by BSF and Indian nationals, “unprovoked” firing by the Indian border guards in the frontier areas, preventing intrusion, smuggling explosive and narcotic substances, delay in taking back Indian nationals who serve jail terms in Bangladesh, digging earth by Indian side within 150 yards of the No Man’s Land and renovation of proposed roads without the permission of BDR, and BSF’s lack of response about coordinated patrol are also to be discussed, an official release said yesterday. The BSF side is also expected to place some issues for discussion. These are: committing trans-border crimes by Bangladeshi nationals/criminals into Indian area, lifting cattle, abduction, damaging tea garden and violating barbed-wire border fencing, attacking BSF and Indian citizens by Bangladeshis, illegally grazing cattle-heads and cultivating Indian lands, preventing development works within 150 yards of border by the BDR and alleged backing to Indian separatists by the Bangladeshis.

BDR Deputy Director General Brigadier General MA Bari will lead the 12-member Bangladesh team.

Rajshahi, Khulna, Dinajpur, Kushtia and Rangpur sector commanders and officials concerned in the BDR Headquarters will participate in the top-level conference.

Inspector General of North Bengal Frontier SCV Muralidhar will lead a 16-member host side at the meet.

Amendment of RPO not necessary: EC: Legal action against candidates submitting false affidavits

Staff Reporter

The Election Commission (EC) will take legal steps against candidates if any mistake is found in the affidavits of the candidates even after being elected in the polls.

Election Commissioner Brig Gen (Retd) M Shakhawat Hossain said this while talking to reporters at his office yesterday.

He also ruled out any possibility to bring amendment to the newly approved Representation of People Order (RPO) Ordinance-2008.

“There is no necessity of amending the RPO and there is no further scope or time for the government to discuss it either,” he said adding, “If we go for amending the draft RPO, it will take another six months.”

Criticising the political parties for their latest position on Representation of People Order Ordinance, he said the Commission prepared the recommendations taking the opinions of the political parties.

“Many proposals had been dropped considering the recommendations of the parties. Many proposals were also made easier,” he said adding, the political parties were apprised on which matter the Commission has nothing to do,” he mentioned.

He said all statements and the recommendations made by the political parties during the dialogue were recorded and published in book format.

“Why are they now denying it now? We do not know. Only they know the reason behind their stands against the RPO-2008,” he observed.

Asked what sort of measure the Commission would take if candidates provide wrong information in their affidavits, Shakhawat Hossain said legal measures would be taken after investigation if it is proved that there are mistakes in the affidavit information.

“Recommendations will be sent to the Ministry and the Department concerned to take necessary steps, including cancellation of candidatures after proper investigations,” he said.

The Election Commissioner said affidavits of the candidates stating necessary information are being submitted by to the Commission Secretariat. “The Commission has been examining the affidavits,” he said.

Shakhawat Hossain said assistance of National Board of Revenue (NBR) would be taken if the candidates do not pay income tax despite their eligibility.

Replying to a question, he said the atmosphere of the local government elections to four city corporations and nine pourasabhas was going on well. The candidates were complying with the code of conduct and electoral rules, he added.

Orphanage scam case: Court permits ACC to quiz Khaleda, Tarique

bdnews24.com, Dhaka

A Dhaka court on Sunday granted permission to the Anticorruption Commission to hold a 'jail gate’ interrogation of detained former prime minister Khaleda Zia and her son Tarique Rahman in an embezzlement case.

The ACC filed the case with Ramna police against Khaleda, Tarique, and five others on July 3, on charges of embezzling Tk 2.10 core from the Zia Orphanage Trust.

Additional chief metropolitan magistrate for Dhaka Md Golam Rabbani granted permission to interrogate the former prime minister and her son after ACC deputy assistant director Harun Ur Rashid sought permission from the CMM court.

According to case details, a foreign organisation donated Tk 4.44 crore for the welfare of orphans of Bangladesh on June 9, 1991.

The money was deposited with the Prime Minister’s Orphanage Fund in Sonali Bank’s Ramna branch opened by Khaleda Zia when she was in power.

The Zia Orphanage Trust was formed in 1993, and the amount was disbursed to the Trust’s Bogra and Bagerhat branches. Tk 2.33 crore was allocated to Bogra but only a fraction of it was spent.

The remaining Tk 2.10 crore lay idle for 13 years and eventually swelled to Tk 3.37 crore, thanks to interest rates.

An ACC investigation found that a large part of the money was not spent on the welfare of orphans and was splurged for other purposes.

Others accused in the case include former BNP lawmakers Kazi Salimul Haque, Syed Ahmed, Gias Uddin Ahmed, Sharfuddin Ahmed and Mominur Rahman.

The ACC investigation found that Tarique Rahman and Mominur Rahman-nephew of former president Ziaur Rahman-withdrew the Tk 3.37 crore in 2006 in three installments and deposited it with Prime Bank.

The money was later dispersed using the accounts of Kazi Salimul Haque, Syed Ahmed, Gias Uddin Ahmed and Sharfuddin Ahmed.

SC stays HC rule on ordinances

bdnews24.com, Dhaka

The Appellate Division Sunday stayed for one month a High Court ruling that the president has no jurisdiction to promulgate an ordinance, which is not related to elections during the rule of caretaker government.

Appellate Division chamber judge Md Abdul Motin of the Supreme Court passed the order on a government appeal that sought freezes on the HC order.

At the same time, justice Motin asked the government to file a regular appeal with the SC.

Additional attorney general Salahuddin Ahmed participated in the hearing on behalf of the government, while Kamrul Islam Siddiqui defended the writ petitioner in court.

In a ruling on July 13, the HC observed that the president cannot promulgate any ordinance if it has no direct links with the election or is not extremely important during the tenure of the caretaker government.

HC fines ACC lawyer Tk 25,000

UNB, Dhaka

The High Court Sunday fined Anti-Corruption Commission (ACC) lawyer Khurshid Alam Khan Tk 25,000 for misleading the court by concealing information about the latest development in a corruption case.

The pecuniary punishment was given when the lawyer of Abdul Kalam Shamsuddin, a former administrative officer of the Roads and Highways, informed the court that a special anti-graft court had already sentenced his client to 13 years imprisonment despite the High Court’s stay on the case proceeding.

Trying in absentia, the special court of judge Tanzina Ismail on July 17 sentenced Abdul Kalam Shamsuddin to 13 years imprisonment with fine of Tk 10 lakh for amassing illegal wealth and concealing information about his property.

The court had also ordered the confiscation of Samsuddin’s property worth Tk 4.96 crore.

Bail to top politicians: Jurist’s remarks irk HC judge

UNB, Dhaka

The presiding judge of a High Court Division Bench Sunday took serious note of an eminent jurist's remarks over granting bail to top politicians facing corruption cases under the current purge in the interim period.

“The remarks were made such a way it appears that we granted the bails in exchange for huge amounts of money,” Justice Sharif Uddin Chaklader said, adding, “Why he does not come before the court to make such observations.”

Without naming Dr Kamal Hossain, Justice Chaklader said he heard the remarks from television news and read those in newspapers that the High Court is giving bail to the corrupt and terrors.

Dr Kamal made the remarks after Jamaat chief Matiur Rahman Nizami’s release and the High Court’s orders granting bail to BNP leaders Salahuddin Qader Chowdhury, MA Hashem and Nasiruddin Ahmed Pintu.

Also appearing critical of a journalist from a leading Bengali daily, the justice said the journalist had even gone to the office of the Chief Justice to know whether the High Court has any jurisdiction in granting bail under the Emergency Power Rules.

“We know hands of journalists are long, but they should know we can shorten the long hands,” said an apparently irate Chaklader.

The judge drew the attention of SCBA president Barrister Shafique Ahmed who was present at his court and asked why he does not look into these matters.

In response, Barrister Shafique said they were also surprised after watching television news and reading newspapers on the remarks about the High Court.

While talking to reporters, Barrister Shafique said such remarks against the High Court orders are “unwarranted”. He urged the members of the Supreme Court Bar to refrain from making such comments.

The SCBA president said the bench and the bar have always certain role to play in establishing the rule of law.

“The High Court grants bail in accordance with the law and none should interfere into its jurisdiction,” said the lawyer-leader, who is a pleader in many of the politicians’ cases.