The New Nation - Internet Edition

BDR-BSF border talks end in Kolkata: Dhaka hands over a list of 3,000 criminals

Staff Reporter

The 4-day conference of the Bangladesh Rifles (BDR) and Indian Border Security Force (BSF) ended in Kolkata, capital of India's West Bengal state, yesterday.

The meeting was intended to resolve border disputes and other bilateral issues.

Bangladesh handed over a list 3,000 Indian criminals who indulge in activities within Bangladesh territory while India handed over a list of 250 Bangladeshi who are involved in smuggling and various other crimes.

The conference ,however, did not hold any talks on the extremists and rebels of the two countries and their activities.

Allegations and counter allegations by the representatives of the two countries highlighted the conference where they also discussed measures to resolve various bilateral issues including border demarcation and prevention of cross-border smuggling mainly Phensidyl of India.

Bangladesh military officials said yesterday during the conference they accused Indian troops of killing four civilians after a clash a week ago that briefly forced the closure of a crossing point between the two countries. Bangladesh Rifles (BDR) border guard operations commander Colonel Abdul Halim said that most of those killed at different times over the past week were farmers who lived close to the frontier.

He said they were shot and killed in unprovoked attacks by the Indian Border Security Force (BSF).

Bangladesh has lodged a formal protest with India over the killing of two of its border guards in the country's northern Chapainawabganj district on July 17.

Bangladeshi border guards returned fire which resulted in the killing of one Indian guard,he added.

Despite having friendly relations, Indian and Bangladeshi border guards often exchange fire along their porous border which stretches 4,000 km (2,500 miles) through rice fields, hills, jungles, marshes and rivers.

The battalion commanders of the BDR conveyed to the BSF that if they arrest any body they should hand over him to the law enforcers instead of

killing.

India says its troops usually target smugglers and illegal migrants from Bangladesh, who sneak across the border, usually at night.

"We are working with the Indian officials to defuse the tension. Hopefully things will turn normal shortly," said Halim.

Officials said a land crossing in Chapainawabganj that connected with West Bengal was closed on Wednesday amid fears of more violence.

"The port reopened yesterday after battalion commanders of the BDR and BSF communicated and agreed to keep peace at the border," he informed.

BDR sources said 12-memnber Bangladesh side led by Deputy Director General Brig Gen M A Bari raised serious concern at killing of innocent people in unprovoked firing across the border by BSF.

It also pointed to smuggling into Bangladesh explosives, narcotics and constructions, digging of trenches by BSF within 150 yards of the border violating international rules. Sixteen-member Indian side was led by Inspector General of BSF (South Bangla) C. V. Murlidhar.

Link road remains unaccomplished: Rangs Bhaban authorities not taking compensation despite repeated reminders

Rangs Bhaban still on the way blocking the link road
NN photo

Staff Reporter

Construction work of the much-talked-about Bijoy Sarani-Tejgaon Link Road remains unaccomplished due to the delay in demolishing the controversial high-rise Rangs Bhaban in the city.

There are allegations that a vested quarter is now trying its best to delay the demolition process of the Rangs Bhaban very tactfully. Their main objective is to delay the demolition work of Rangs Bhaban up to December this year.

However, Housing and Public Works Secretary SM Rashidul Hye ruled out any speculation over demolishing the Rangs Bhaban.

He said construction of the Bijoy Sarani-Tejgaon Link Road would be completed soon through the complete demolition of the Rangs Bhaban.

"The Bijoy Sarani-Tejgaon Link Road will be opened for the movement of public on December 16 next," he emphatically said.

It may be recalled that the Government had already approved the construction of a one-kilometer long link road project from Bijoy Sarani intersection to the Tejgaon Industrial Area. Rajdhani Unnayan Kartripakkha (Rajuk) was given the responsibility of implementing the project. But, the link road could not be constructed due to the presence of the illegal Rangs Bhaban, mainly due to the pro-rich bias of the successive governments of the country and the influence exerted by the owner of the Rangs Group.

Rangs Bhaban was constructed unlawfully occupying the government and waqf lands and that the plan of the building was not approved by Rajuk.

According to the Ministry of Housing and Public Works, it was built illegally on the land of waqf estate and the Roads and Highways Department that was to be part of a proposed road, in violation of the rules of the Civil Aviation Authority of Bangladesh, and in defiance of a High Court order. Yet, successive governments have preferred to keep it outside whatever actions they have taken to reclaim encroached land and demolish illegal structures.

After taking over power the present caretaker government took fresh initiative to construct the Bijoy Sarani-Tejgaon Link Road. The Government also took necessary legal steps for constructing the link road according to a Rajuk approved master plan through the demolition of the controversial Rangs Bhaban. On August 2, 2007 the Supreme Court declared fourteen floors above the fifth floor of the 20-storeyed building illegal. Accordingly, initiative was taken to demolish the illegal 14 floors of the building and also for acquisition of the legal portion of the building for construction of the link road project. Pulling down of the building from 6th floor to the 19th floor began on August 3 last year. At the same time, construction process of the link road behind the Rangs Bhaban has been going on in full swing. Different establishments built illegally on the land of Public Works Department and Bangladesh Railway have also been demolished.

A senior official of the Rajuk said the Bijoy Sarani-Tejgaon link road project is being implemented spending Tk 122 crore. Of the amount, Tk 77 crore expenditures have been estimated for acquisition of land and rehabilitation of the affected families.

He said a total of 11 bighas of land would be required for implementing the project. Of the land, some six bighas are owned by Public Works Department and Bangladesh Railway which are already there in the project and which does not require to be acquisitioned.

In accordance with the existing government rules, the land owned by the PWD has already been handed over in favour of Rajuk, but the land owned by Bangladesh Railway is yet to be handed over to Rajuk. Besides, there are five pucca buildings existed on the land owned by Bangladesh Railway. The authorities of Bangladesh Railway are yet to take necessary measures for demolishing these buildings.

An official of the project said there were as many as 63 structures on the land acquisitioned for the construction of link road. Of them, 55 structures were built illegally, which have already been demolished. The construction of the link road is now being hampered due to the cases filed by the owners of legal structures against the Rajuk's acquisition order. However, the Rajuk has appointed former Attorney General AJ Mohammad Ali as its legal expert to deal with the cases.

The official said two persons among those filed cases against the Rajuk acquisition order have already collected their compensations. In spite of repeated insistence through serving notices, the Rangs Bhaban authorities are not collecting their compensation. The compensation amount of Tk 20 crore of the Rangs Bhaban owner is now lying with the treasury of Deputy Commissioner, Dhaka.

He said the price of legal six floors of the Rangs Bhaban and 22 katha of land have been fixed at Tk 25 crore. Instead of collecting this amount, the Rangs Bhaban authorities have been trying to hamper the demolition process very tactfully.

However, Housing Secretary SM Rashidul Hye said no tactic would yield any result. The link road would be constructed in time through the pulling down of the Rangs Bhaban. The link road would be opened for the movement of public on December 16 next.

He also said an ultra-modern concrete-cutter has already been imported from Switzerland for demolishing the Rangs Bhaban safely. "It will be possible to demolish the building within a very short span of time using this machine," he said.

Khaleda’s release in limbo: Problems are on both sides, says Adviser : Hannan criticises govt for 'inordinate delay’

Khaleda Zia

UNB, Dhaka

Detained ex-Prime Minister Khaleda Zia's release appears to be caught in limbo as Communications Adviser Maj Gen (Retd) Ghulam Quader yesterday said it is difficult to say precisely when as "there are problems on both sides".

Talking to reporters at the Secretariat, he, however, said as another ex-PM, Sheikh Hasina, was released on humanitarian grounds, all aspects are being considered about release of Begum Zia.

The Adviser spoke in paradoxical terms here, saying: "Sheikh Hasina was released without any condition-and that is the condition." Khaleda Zia's release will be considered the same way. Asked about exact date of Khaleda's much-talked-about release, he said,

"It is difficult to say." He hastened to add: "there are problems on both sides."

About her elder son Tarique's release, the Advisor said Khaleda and Tarique are two different issues.

On national elections, he said the caretaker government wants to hold the election "in such a way so no question arises about its acceptability".

He said the forthcoming city corporation and municipality elections would determine whether the state of emergency will be lifted or not.

Meanwhile, BNP chairperson's Adviser Brig Gen (retd) Hannan Shah yesterday criticised the caretaker government for the "inordinate delay" in releasing Khaleda Zia and Tarique Rahman despite the Chief Adviser's assurance.

Talking to reporters at his new DOHS apartment, Shah said Begum Zia's release is being delayed as no understanding could be reached yet on the conditions set by the government. "She will not go abroad leaving the country and the people."

He said it takes only 2-3 days to release the leaders of other parties, but the government is wasting time in the case of BNP.

Urging the government not to make unnecessary delay in the matter, Shah said the government would have to bear the responsibility for any situation arising out of losing patience by BNP leaders and workers.

He urged the caretaker government to step down if it does not release Khaleda Zia and Tarique Rahman and lift the state of emergency, and fails to contain the food prices and protect the country's sovereignty.

Local-body polls: Fool’proof security to be in place: IGP

Staff Reporter

Inspector General of Police (IGP) Nur Mohmmad yesterday said foolproof securities to be in place on the eve of local polls. At least 367 polling centers were marked as vulnerable out of 587 centers in four City Corporation areas, IGP told the reporters at a press briefing at the Police Headquarters

About 65 polling centres out of 141 centres are considered vulnerable in nine municipal areas, IGP added. He said security would be provided in three phases to ensure free, fair and credible election.

Everything will be done for participation of well-reputed persons in the local polls and to refrain corrupt elements from the polls, he added.

Earlier, the IGP held a meeting with senior police officials discussing security plan to be in place on the eve of the City Corporation and Municipality polls scheduled for August 4. Nur said security would be in place two to three days after the elections.

He said a team of 30 police personnel will be posted at each vulnerable polling centre while an 18-member police team at each polling centre that are out of risks.

Moreover, adequate number of police, RAB, APBn and Ansar will be deployed outside the polling centres.

Replying to a question, the IGP said none will be allowed to move with licensed firearms on the polling day.

Among the vulnerable polling centres, 195 centres out of 239 are in Khulna City Corporation, 56 out of 137 in Rajshahi City Corporation, 55 out of 91 in Barisal City Corporation and 63 out of 120 polling centres in Sylhet City Corporation.

Integrated efforts urged to preserve water resources

Staff Reporter

Adviser for Water Resources Dr CS Karim yesterday emphasised the need for taking an integrated initiative to preserve the country's water resources.

"It is proper time to take an imitative to preserve water resources. In case of failure in preserving our water resources, particularly of the rivers the development of the country will be hampered," he said while addressing the fellowship award distribution ceremony on water journalism at the Jatiya Press Club in the city.

The Adviser called upon the countries concerned to come forward to resolve water problems particularly of the trans-boundary rivers on the basis of mutual understanding.

"The region may turn into resourceful one if the countries of the basin could go forward unitedly," he observed.

Fellowship recipients-Abdur Rahman Khan, Special Correspondent of the Weekly Holiday, Sarker Shariful Islam, Staff Reporter of The Independent, Rajshahi Bureau, Syed Mahbub Murshed, Staff Reporter of the Dainik Naya Diganta and Helemul Alam Biplob of the Daily Star-received the awards from the Adviser.

US-based organisation the Touching Souls in association with the Water Reporters' Forum, Bangladesh (WRF,B) organised the function.

Water experts-Prof M Moniruzzaman Miah, Eng. Quamrul Islam Siddique, Tauhidul Anwar Khan and The New Nation Editor and Coordinator of the Fellowship Committee Mostafa Kamal Majumder, Principal Adviser of the Touching Souls Sayed Tipu Sultan and Editor of Canada based Weekly Deshe Bideshe, Nazrul Islam Minto, among others, addressed the function chaired by WRF,B president Shakhawat Hossain Badsha. WRF,B General Secretary Rafiqul Islam Azad conducted the meeting.

The Adviser underlined the need for creating awareness about preservation of rivers and other water bodies with a view to protecting biodiversity.

He said expert-level discussion is going on to ensure proper sharing of the waters of the common rivers with India.

"I hope this issue will be resolved through the discussion as per the agreement (Indo-Bangladesh water-sharing treaty)," he said.

He called upon journalists to disseminate information based news to help resolve all sorts of water-related problems including river erosion and illegal occupation of rivers.

"Everyone should come up to make appropriate, acceptable and similar information source on water-related problems, especially river erosion, so that those problems could be solved through united efforts," he said adding, "If everyone has separate information, then we can not reach consensus over an issue."

Dr CS Karim, who is also the Adviser for Agriculture, regretted that people think that capturing riverbank and collecting sand from rivers are their rights, but they should not forget that every river has its own natural flow or direction.

"Thinking about our future we have to refrain from doing such things. It is our moral responsibility to ensure that rivers are not tortured or disturbed anymore. Otherwise, we will be the victims for that," he said.

The Adviser said the river waters should be treated as natural resource. He also put importance on building eco-friendly factories and industries as theses are one of the main causes of water pollution.

He said the river Buriganga that almost surrounds the Dhaka city could still be protected from pollutions and encroachment through effective measures.

Prof Moniruzzaman said non-availability of water and river erosion were the major reasons for poverty in the country.

Quamrul Islam Siddique said Bangladesh is losing valuable land due to river erosion each year threatening the sovereignty of the country.

He called upon journalists to play their due role against what he said propaganda of neighbouring India that Bangladesh is floating on water.

Sayed Tipu Sultan of Touching Souls underlined the need for basin-wise water management for the trans-boundary rivers, including Ganges and Brahmaputra.

AL may take part in UZ polls

Pankaj Karmakar

Although Awami League (AL) is strongly opposing holding of upazila election before the parliamentary polls, but from a reliable source it is learnt that the party may have to participate in the polls for the sake of party's unity.

According to sources, the party will be compelled to participate in the upazila polls under severe pressure of the grassroots level leaders.

The central leaders fear that it will be difficult to refrain the local leaders from participating in the upazila polls.

But the central leaders will continue their opposition till the last minute to pressurise the government to defer the polls.

A central leader of the party said, "We will oppose the move of holding upazila elections ahead of the national elections. But it will be hard for us to persuade the grassroots level leaders to desist from the polls. So we may have to participate in the elections."

Source said that few leaders, who were confirmed for contesting in the national polls, were opposing the upazila polls. But the grassroots leaders had taken their firm stance to participate in the polls. Some of them have already started campaign.

The Caretaker Government is eager to hold the upazila elections, as the election gas been deferred during the tenure of last three parliamentary governments.

The AL central leaders apparently are opposing the upazila elections on the ground that it may create barrier to a free, fair and credible national elections. Actually they fear that the upazila chairman may hold more power than a member of parliament and thus their power may be curtailed, source said.

Talking to New Nation some central leaders of the party said, if the upazila elections were held before the national election, two or more local party leaders might contest for an upazila. Since, upazila election is a local government election. That is why no one would be nominated under the party's banner. So the central leaders would not request any one to withdraw his or her candidature.

They further said that the candidates, who would be defeated, might create problem during the national elections through opposing the MP nominee of that constituency. This would be harmful for the unity of the party.

Expressing solidarity another central leader pointed out, "The duration between the upazila election and the national election is very short. During this short span of time it is impossible for the party policymaker to pull the upazila chairmen in favour of us. That is why we are mainly opposing upazila elections ahead of the national elections."

Students’ unity must to overcome rough and tough situation

DU Correspondent

Speakers at a reminiscence meeting underscored the need for unity of student community to overcome the existing rough and tough situation where people are fighting their lives only to stay alive.

They said this while addressing a reminiscence meeting of Modhu Sudan De at Modhu's canteen of Dhaka University yesterday marking his 37th death anniversary organised by the Death anniversary observe committee of Modhu Da.

Present student leaders and former student leaders who are currently leaders of different political parties participated in the programme with Vice-Chancellor of the university Prof SMA Faiz in the chair.

Speakers, especially who were very close to Modhu Da, noted the activities of Modhu Da and how he patronised the student leaders during different movements and also during the Liberation War.

They said the present government violated the constitutional rights of the citizens by enforcing state of emergency for a long period to protect the interest of the foreign masters. Student community has to be mobilised to undo the blue print of the government.

Among the teachers of the university, Pro VC AFM Yusuf Haider, Prof Harun-Or-Rashid, Dean of Social Science Faculty, Prof Akhtaruzzaman, Provost of Kabi Jasim Uddin Hall, Jamal Uddin of Sociology Department participated in the programme.

Prof Siddiqur Rahman, Assistant Proctor of the university, conducted the programme.

Among the participants, Awami League Presidium Member Tofayel Ahamed said nothing was possible without united efforts of the student organisations.

He mentioned different movements of the past, which were conducted by the student organisations jointly.

In view of the strength of the student community, the government is trying to ban student politics, he added and said Dhaka University was the training centre of politics.

"People are discontented, they have no right to speak," Tofayel said and added "state of emergency couldn't exist in any country for sine die"

He urged the government to hand over power to the political party by holding election.

Joint Secretary General of BNP Nazrul Islam Khan said, "We say about war criminals but do not always want to try them because we have compromised with them for self defence or going to power."

They are week those who want to try war criminals but those do not want to try them are very powerful, he said.

Awami League leader Mahmudur Rahman Manna, Asaduzzaman Nur, Ruhul Kuddus Babu, Nazma Akhter and BNP leader Samsuzzaman Dudu, Asaduzzaman Ripon and Khairul Kabir Khokon spoke on the occasion.

Besides, Mahfuza Khanam, former VP of DUCSU, Nazmul Haque Prodhan, former president of Jasad Chhatra League, Advocate Kazi Abdullah Al Mamun of Jatiya Ganatantric Party, Zonayed Saki, Former president of Chhatra Fedaration, Raju Ahamed, former president of Chhatra Front addressed the reminiscence meeting.

Jatiyatabadi Chhatra Dal (JCD), Bangladesh Chhatra League (BCL) and left leaning organisations' leaders were present in the programme.

HC declares contempt ordinance void: President’s law-making power limited under Caretakers: Court

UNB, Dhaka

The High Court yesterday declared void the Contempt of Court Ordinance 2008 framed by the caretaker government, ruling that it is "illegal" and "ultra vires to the Constitution".

Delivering the judgment upon a public-interest litigation (PIL) writ petition and its suo moto rule challenging the constitutional validity of the ordinance, a Division Bench of Justice ABM Khairul Haque and Justice M Abu Tariq made its rules absolute.

During the hearings on the impugned ordinance, the court appointed a 5-member panel of amicus curiae to assist the court in this important matter.

They were Barrister M Amir-Ul Islam, Barrister Rafique-ul Huq, Mahmudul Islam, Barrister Ajmalul Hossain, QC, and Dr Shahdeen Malik.

The court observed that the President's ordinance-making power is limited under caretaker government in accordance with the Constitution. "The caretaker government cannot make any policy decision as per article 58 of the Constitution."

The President of the country cannot promulgate ordinances on issues other than those related to polls during the caretaker government rule, the court opined, a few days after the same bench of the High Court struck down another new ordinance styled Muslim Marriage and Divorce Registration (Amendment) Ordinance on the same grounds.

"In Bangladesh, the president's powers are limited even during the tenure of elected governments and it's more limited during the caretaker rule. The president can promulgate ordinances related to holding national elections."

The court ruling makes a point that "there's no such urgent situation in the country that the president should promulgate ordinances on other issues".

Moreover, the court said the country would have a parliament in a short time after the general election and the parliament would go into session to take decisions on such matters.

The court observed that the ordinance contained some provisions restraining the power of the Supreme Court regarding contempt of court. It violated Articles 108 and 112 of the Constitution.

"It is clear that the ordinance was promulgated in order to save bureaucrats, which is also discriminatory as per Article 27 of the Constitution," the court said in its exhaustive observations.

The court further said the Supreme Court is a court of record and it has inherent power to deal with contempt matters since the establishment of the judiciary. "The ordinance has curtailed the supremacy of the Supreme Court in a bid to establish control over it, which is contrary to the principles of the rule of law."

The court noted that in promulgating the ordinance the President did not consider that his power is limited under Article 58 of the Constitution.

In May, President Professor Dr Iajuddin Ahmed promulgated the much-talked-about Contempt of Court Ordinance 2008, replacing the Contempt of Court Act 1926, to clarify the definition of contempt, enhance accountability of judges and reduce chances of future arbitrary rulings.

According to the ordinance, any willful act, statement or expression through words or signs interpreted as violation or undermining of a verdict, decree, order, writ or warrant issued by a court should be considered contempt of court.

Besides, any obstruction to justice, slander or libel of a court and personal criticism of a judge while performing judicial functions also come within the purview of contempt of court.

The ordinance allows the press to comment and publish "normal" court proceedings and functions or seek disciplinary proceedings against any judge as long as it is done in "good faith" and through "restrained language".

A judge's alleged corruption or incompetence and their extra-judicial activities outside their judicial functions can also be reported, according to the ordinance.

As per the new contempt-of-court law, a judgment can also be criticised as long as it is constructive.

Two lawyers of the Supreme Court-Shamsul Huq and Tajul Islam-filed the PIL writ petition last month.

Reacting to the HC verdict, Attorney-General Salahuddin Ahmed told reporters that "the government is unhappy and aggrieved with the judgment" and would appeal to the Supreme Court against the HC edicts.

EC bosses meet CA: RPO’72 to be retained as per political party’s demand

UNB, Dhaka

The government is going to backtrack on the framing of new electoral law as the Election Commission announced that the Representation of People Order (RPO) 1972 would be retained with some amendments.

Election Commissioner M Sohul Hussain yesterday said the EC has taken preparation for changing the newly approved RPO 2008, without invalidating the RPO ordinance 1972, on the growing demand from the country's political parties.

"The RPO will have to be changed in the context of country's political parties' demand," he told reporters at the Election Commission Secretariat,

hot on the heels of clamors from the major parties against the new electoral law made by the present caretaker government.

Earlier in the day, the entire hierarchy of the Election Commission headed by CEC Dr ATM Shamsul Huda met with Chief Adviser Dr Fakhruddin Ahmed and apprised him of the latest state of preparation of the EC for the upcoming polls.

The council of advisers on July 13 approved the RPO Ordinance 2008, which provides for sweeping changes in politico-electoral field-including prohibition against the parties having political student fronts and overseas units.

Sohul Hussain said the government would finalize the amended RPO with some amendments and the translation of the provisions into English within a week or so. "Most likely so many people have to be engaged in completing the task in time," he said.

Replying to a query, the Election Commissioner said the title of the RPO could be changed if all concerned, including the political parties, felt the necessity. "We don't have any objection in this regard."

He, however, said all amendments taken by the present Election Commission would be changed or excluded from the newly RPO, which would be published in English. "Taken all amendments will remain in position. It'll be just English version," he said about the redoing exercise.

Asked if there's discussion about emergency with the Chief Adviser, Sohul Hussain said they requested the government to relax the emergency so that people do not feel any problem in going for the elections.

About Dhaka City Corporation election, he said the Commission has targeted to hold the DCC election in the last part of October or early November, before the upazila polls. "We'll hold the DCC election with full attention…We'll hold it at a convenient time in October," he said.

He informed that the draft voter list in Dhaka City Corporation could be published on July 27 and some particular inclusions in the voter list would continue. And the final voter lists would be published in September next.

About election observers, the election commissioner said that many observers from home and abroad are expressing willingness to observe the upcoming local-body elections. "Policy about them is going to be made for them," he said.

Meanwhile, there are reports that the BNP-led four-party alliance demanded withdrawal of the Representation of the People Order (RPO) Ordinance 2008 that the government approved in principle.