The New Nation - Internet Edition

HC upholds August 15 as National Mourning Day

Bangabandhu Sheikh Mujibur Rahman Bangabandhu Sheikh
Mujibur Rahman

UNB, Dhaka

The High Court yesterday declared illegal the cancellation of National Mourning Day and pubic holiday on August 15 by the previous BNP-led 4-party alliance government.

It was however not clear immediately if the interim administration would appeal against the High Court verdict.

A two-member Division Bench of Justice MA Rashid and Justice M Ashfaqul Islam delivered the judgment following a writ petition that had challenged the impugned decision of the BNP-led government on July 28, 2002.

In its observations the bench said the past alliance government's impugned decision is a denial of a state decision.

The bench said the ground on which the alliance government cancelled the National Mourning Day and public holiday on August 15 was not factually correct.

Canceling the August 15 as National Mourning Day the BNP-led government argued that the day was neither fixed nor observed as National Mourning Day previously.

The bench order also set aside the changes made by the alliance government in the Flag Rules of 1972 canceling the hoisting of national flag half-mast to pay respect to the memory of Bangabandhu Sheikh Mujibur Rahman.

On August 8, 1996 the Awami League government headed by Prime Minister Sheikh Hasina declared August 15 as National Mourning Day and public holiday to pay respect to Father of the nation Bangabandhu Sheikh Mujibur Rahman who was assassinated on August 15, 1975 along with most members of his family by a group of soldiers.

Following the Awami League government's decision, August 15 was used to observe with due respect at the state level and national flag was hoisted half-mast at home and Bangladesh Missions abroad.

Advocate Mozammel Huq filed the writ petition in the form of Public Interest Litigation in August last year.

On August 6, the High Court had issued a rule on the incumbent caretaker government to explain why the cabinet decision in July 2002 canceling the National Mourning Day and public holiday should not be declared illegal.

Issue of reinstating 10 judges: 19 judges challenge High Court verdict

Staff Reporter

Nineteen judges of the Supreme Court yesterday filed an appeal against a High Court judgement ordering the government to reappoint 10 additional judges with seniority within one month.

On behalf of the judges, Advocate TH Khan, a senior lawyer of the Supreme Court submitted the appeal to the Chamber Judge's court of the Appellate Division. In their appeal the judges pleaded to stay the High Court order.

Later, Justice MA Matin of the Chamber Judge's Court sent the appeal to a full bench for hearing it. The hearing on the appeal will take place at a full bench of the Appellate Division headed by the Chief Justice on July 29 next.

Those who filed the petition were: Justices Syed Mohammad Dastagir Hossain, Meer Hashmat Ali, Abdul Awal, Sharifuddin Chaklader, M Mizanur Rahman Bhuiyan, Syed AB Mahmudul Huq, Salma Masud Chowdhury, AFM Abdur Rahman, Farid Ahmed, M Abu Tariq, Mohammad Abdul Hafiz, Syed Refat Ahmed, Zubayer Rahman Chowdhury, Mohammad Miftahuddin Chowdhury, Mohammad Emdadul Huq, Mohammad Raisuddin, Mohammad Imdadul Huq Azad, Mohammad Ataur Rahman Khan and SM Imdadul Huq.

In the appeal petition, three judges-Justices M Shamsul Huda, Faruque Ahmed and Hasan Faiz Siddique ( who served as temporary judges earlier), the Law Secretary and Advocate Idrisur Rahman have been made defendants.

Advocate TH Khan, counsel of the judges who filed the appeal, told reporters yesterday that the High Court had directed the government to reappoint 10 temporary judges of the Supreme Court.

"It is learnt that these judges will be given seniority. If it is done, as many as 46 judges working at the High Court Division including 19 judges will become the victims of violating the seniority," he said.

Advocate TH Khan further said that an appeal was submitted against the High Court judgement seeking to stay the order. "A hearing will take place on the appeal at a full bench on Tuesday," he said.

On July 17 last the High Court directed the government to reappoint the 10 judges who were not confirmed by the BNP-led four-party alliance despite the chief justice's positive recommendations.

The High Court also declared illegal and unconstitutional the BNP-led government's not confirming the services of 10 additional HC judges appointed during the rule of Awami League.

At the same time, the court said the time between the dates of non-confirmation and reappointment of the judges would be treated as leaves without pay.

The judges were Justices Abdus Salam, Momtaz Uddin Ahmed, Abdul Hye, Md Shamsul Huda, Faruque Ahmed, Marzi-ul Huq, Abdur Razzak, Hasan Faiz Siddique, AHM Shamsuddin Chowdhury and Nizamul Huq Nasim.

A three-member special bench comprising Justices Mohammad Abdur Rashid, SK Sinha and Nazmun Ara Sultana delivered the judgment observing that the government's action of not confirming the services of the 10 judges was malafide and of no legal effect.

The court observed that as per Articles 95 and 98 of the constitution the government has to give priority to the recommendations of the chief justice in appointing judges or confirming their services.

If the executive authorities do not agree with the opinions of the chief justice in this regard, they can send back the recommendations with reasoning to the chief justice for reconsidering those. Non-compliance with the chief justice's recommendations in this regard will be violation of the constitution, the court said.

The HC bench delivered the judgment after hearing for a long time two separate writ petitions filed by the 10 deprived judges.

The petitioners' counsel, eminent jurist Dr Kamal Hossain, termed the judgment a memorable one in the history of the judiciary.

"The judiciary is the main pillar for protecting the constitution. The judges of the Supreme Court play the role of vigilant guard for preserving the constitution. The High Court has protected the constitution by delivering this memorable verdict" he said.

Later, Advocate M Ashrafuzzaman of the Supreme Court submitted an appeal to the Appellate Division pleading to stay the High Court order on behalf of the government.

Sources said after assuming power on June 23, 1996, the Awami League government in six phases appointed 40 judicial officials and lawyers as additional judges of the HC for two years.

Three judges were appointed on February 24, 1997, six on April 27, 1998, eight on October 28, 1999, five on May 28, 2000, and nine each on February 22, 2001 and July 27, 2001. One judge died after nine months of appointment while another resigned from the office.

The services of 23 additional HC judges were confirmed during the rules of the Awami League and the BNP-led four-party alliance government.

The four-party alliance government did not confirm the services of the rest 15 additional judges.

Ten of the 15 unconfirmed judges filed the two writ petitions with the HC on February 4, 2003, challenging the legality of the government's not confirming their jobs in spite of the chief justice's recommendations.

Supreme Court lawyers advocate Idrisur Rahman and Farid Ahmed filed one writ petition on behalf of Md Shamsul Huda, Faruque Ahmed and Hasan Faiz Siddique.

The seven other judges later filed the other writ petition.

Following filing of the writ petitions, the HC issued a rule upon the government to show cause as to why its action of not confirming the jobs of the 10 HC judges should not be declared illegal and why it should not be directed to confirm their services.

The chief justice recently constituted a larger bench of the HC with justices Mohammad Abdur Rashid, SK Sinha and Nazmun Ara Sultana for hearing the rule.

Dr Kamal Hossain, barrister M Amir-Ul Islam and Barrister Azmalul Hossain appeared for the petitioners while Assistant Attorney General Zafar Imam argued for the government.

Quake jolts country: One dies of heart attack, 50 DU students hurt

Earthquake measuring 5.6 on the Richter Scale jolted
the capital and the northern parts of the country in the
early hours of Sunday and caused cracks on the wall of
Muhsin Hall (L) and injured 50 Dhaka University students.
Three of the injured students a

Staff Reporter

An earthquake measuring 5.6 magnitude on the Richter scale jolted most parts of the country including the capital Dhaka last midnight leaving a sexagenarian man dead of heartattack and over 50 students of Dhaka University injured.

The earthquake was felt shortly before 1:00am and it lasted for few seconds.

Witnesses said people panicked as the tremor shook twice at 00:51am when most people were asleep. Many city-dwellers woke up and screamed in panic as buildings and cots jolted for a while.

A meteorologist of the Metrology Department yesterday told The New Nation that the earthquake originated from the bordering area of Sylhet and its magnitude was the highest this year.

A correspondent from Sirajganj district said being panicked by the earthquake, a sexagenarian man died of heart attack at Talam Nadipara village in Tarash Upazila in the district.

The dead was identified as Abul Hossain, 65. According to local people he woke up and hurriedly came out of his residence screaming when the tremor was felt at midnight. He died shortly after the earthquake.

Meanwhile, over 50 students of Dhaka University were injured as they jumped out from their dormitory windows to save their lives.

Of the 50 injured students, the conditions of 10 are reported to be serious. They have been admitted to different hospitals including the Dhaka Medial College Hospital.

The injured students include, 15 from Haji Mohammad Mohsin Hall, 12 from Jagannath Hall, 3 each from Masterda Suriya Sen Hall and Amar Ekushey Hall, 2 each from Muktijoddha Ziaur Rahman Hall, Poet Jasim Uddin Hall Sir AF Rahman Hall and Fazlul Haque Muslim Hall and 5 from other halls.

Dhaka University authorities told reporters that it would bear the expenses of treatment of the injured students.

Vice Chancellor Prof SMA Fayez directed the authorities concerned to ensure proper treatment of the students.

Abdus Samad Azad, Dhaka University Correspondent of the Dainik Khaborpatra and also a resident of Ziaur Rahman Hall, got injury in his legs after he jumped from his dormitory window.

He told reporters that he woke up at about 1:00 PM last night hearing hue and cry in the hall and saw there was none in his room. Then he come out from the room and jumped from the first floor in panic. Azad was admitted to DMCH.

Meanwhile, a correspondent from Rajshahi said that the tremor also shook the buildings and business establishments in the city panicking the local people.

Local people got scared as a few days back a moderate earthquake struck the northwestern part of the city at night.

A correspondent from Barguna district, some 247 km south of the capital, also said that the people of the district also felt the earthquake.

34,97,095 voters in city: EC publishes draft list

Voters of Dhaka City Corporation Ward No 56
cross-checking their names with the voter list following
publication of the draft yesterday. Banglar Chokh

BSS, Dhaka

The number of voters in Dhaka City has dropped by 4 lakh to 34,97,095 in the new draft list, compared to those enlisted in the previous electoral roll published in 2006.

Election Commission (EC) on Sunday published the draft list of voters in the capital city with their photographs.

Citizens could see the voters' list for 15 days and submit their claims, objections or proposals for correction, deletion, or inclusion of any names.

EC commissioner Brig Gen M Sakhawat Hossain on Sunday told reporters that the draft list will be kept open for common people in the city corporation ward offices, district election office (DEO), thana election offices (assistant registration officers' office (ARO) and Dhaka Cantonment Board office. The eligible persons whose names were not enlisted as voters, may apply to the Revising Authority (RA) through filling up the Form no 2 and 6 of the EC. The forms would be available in the DEO and ARO offices and office of the Revising Authority (RA). The forms might be downloaded from the web site - www.ees.gov.bd also.

The EC has appointed four RA to settle the disputes on draft voters' list, EC sources said.

Additional Deputy Commission (ADC)-General has been appointed RA for the voters' area under Dhaka City Corporation (DCC) ward no 1, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 37, 38, 39 and 40 and areas under Uttara, Gulshan, Sabujbag and Tejgaon thana.

Additional Deputy Commission (ADC)-Revenue has been appointed RA for the voters' area under DCC ward no- 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 74, 75, 76, 77, 78, 80, 81, 82, and 83 and areas under Lalbag and Sutrapur thana.

Additional Deputy Commission (ADC)-Land Acquisition has been appointed RA for the voters' area under DCC ward no- 30, 31, 32, 33, 34, 35, 36, 68, 69, 70, 71, 72, 73, 84, 85, 86, 88, 89 and 90 and areas under Motijeel, Kotwali and Demra thana.

Cantonment executive officer has been appointed RA for the Cantonment area, EC sources said.

The revising authority will arrange hearing on the applications after August 11, the sources said.

Zillur hails HC verdict

Staff Reporter

Awami League acting president Zillur Rahman yesterday welcomed the high ruling which restored the August 15 as national mourning day and public holy day. He termed it a historic.

He was talking to the reporters at his Gulshan residence immediately after the ruling was declared.

He also urged the Government to take initiative to implement the verdict as soon as possible.

Talking about the grand alliance he said the media is over reacting on this issue.

He further said, "We think there is no problem in maintaining unity among the

pro-liberation forces as all of the parties in the grand alliance have the same ideology."

He also said that the party chief Sheikh Hasina would take decision on this issue.

Replying to a question about the participation in upazila election he said, " Since the local government elections are non-partisan election, that is why AL will not nominate any candidate. But if any Awami league local leader participate in the upazila elections as independent candidate, we will not be able to take any action against him or her."

Terming Bangabandhu Sheikh Mujibur Rahman as the pioneer of the liberation war Zillur said, "It would not have been possible to make the country free without him. That is why we declared his killing day as the national mourning day. But the BNP -Jamaat Government opposed it. Today's verdict has proved again that truth will win again."

Indian Army Chief arrives

UNB, Dhaka

Indian Army Chief General Deepak Kapoor arrived here yesterday afternoon on a 6-day tour aimed at improving bilateral ties and greater military-military interaction between the armed forces of the two countries.

General Kapoor accompanied by his wife Kirti Kapoor flew in at BAF tarmac at Kurmitola by a special aircraft of the Indian Air Force at 3:20pm. He is leading a 4-member military delegation.

Quarter Master General Lt Gen Mohammad Jahangir Alam Chowdhury received Gen Kapoor on behalf of Bangladesh Army Chief Gen Moeen U Ahmed.

Indian High Commissioner to Bangladesh Pinak Ranjan Chakrabarty was, among others, present.

During his visit, Gen Kapoor will call on President Professor Dr Iajuddin Ahmed.

The Indian army chief will also call on Army Chief Gen Moeen U Ahmed, Chief of Naval Staff Vice-Admiral Sarwar Jahan Nizam and Chief of Air Staff Air Marshal SM Ziaur Rahman today.

His itinerary includes placing wreath at Shikha Anirban and Bijoy Ketan in Dhaka Cantonment, National Museum, Defence Services Command and Staff College, Liberation War Memorial sites in Comilla, Liberation War Field and War Cemetery in Chittagong and Bangladesh Military Academy at Bhatiary, Chittagong.

Gen Kapoor is expected to leave here on August 1.

Govt to introduce fair price shops in Ramzan

Staff Reporter

Commerce Adviser Dr Hossain Zillur Rahman yesterday said the Government is taking necessary steps for importing necessary commodities with a view to keeping their prices to a tolerable level during the holy month of Ramzan.

"We are reviewing each and every essential items present stock condition and the flow of import and initiatives are underway for swift import of perishable items from neighbouring countries," he said after meeting with the representatives of business community at the ministry.

He said a high-level committee headed by a joint secretary of Land Port Authority and representatives from Bangladesh Rifles (BDR), National Board of Revenue (NBR) and Commerce Ministry would be formed soon. The committee would visit the land ports and submit their reports.

Besides, Commercial Councillor of Bangladesh Deputy High Commission in Kolkata would coordinate smooth operation of land ports.

"We are monitoring overall activities of the Trading Corporation of Bangladesh (TCB) to help it import necessary items timely and efficiently," he said adding that apart from India the Government would also import more quantity of onion and red lentils (musur) from China and Myanmar.

Mentioning the high prices of edible oil Dr Hossain said the TCB would invite tender for importing 2,500 tonnes of soybean oil on Tuesday.

Replying to a question on why the price of soybean oil had not reduced even after the fall in international price, the adviser who is also in charge of Education Ministry said the government was constantly monitoring it and would take necessary steps for adjustment of soybean price.

We are also going to propose to the United States (US) Government through the External Resources Division (ERD) to supply soybean oil as 'food aid', he said.

On the issue of market syndicate Dr Zillur said " We would conduct necessary drive against market syndicate found real and authentic,".

He, however, admitted that it is a common phenomenon that when any commodity price starts to increase, it increases swiftly, but decreases slowly.

He said the demand of all necessary commodities usually increase 50 per cent during the month of Ramzan.

He emphasised on to increase the supply chain of all necessary items through encouraging producers to grow more vegetables so the prices of those could remain stale during the month of Ramzan.

He said the BDR fair price shops would sell essential items within affordable price to the limited income group of people during the month of fasting.

"We would also discuss with the authority of city corporations, importers and business organisation leaders to find out ways and means for introducing more fair price shops operated by them," he mentioned.

He said that Ansars and university students could give voluntary service in the fair price shops.

Secretary of concerned ministry and high officials from BDR and TCB were also present during the meeting.

No UZ polls before JS elections:AL

Staff Reporter

Awami League (AL) presidium Member Amir Hossain Amu yesterday once again demanded parliamentary election ahead of the upazila polls as the key responsibility of the caretaker government is to hold a free, fair and credible national election.

The AL leaders made the demand while addressing the party leaders and activists at an extended meeting organised by Tejgoan Thana Awami League at a local community center as part of month long programme announced by Dhaka City Awami League.

Demanding the unconditional release of party chief Sheikh Hasina, Amu said, "AL is determined to participate in the national election under the leadership of Sheikh Hasina."

Calling on the leaders and activists to maintain unity for carrying on tough action movement he said, "The main strength of a political party is its unity and AL had been putting emphasis for maintaining party unity since its inception. That is why AL is confident of facing any kind of contingency."

Talking about grand alliance AL presidium member Syeda Sajeda Chowdhury pointed out that AL formed the grand alliance with the pro-liberation parties but it was a matter of great regret that the BNP formed four party alliance with the war criminals.

Another AL presidium member Tofail Ahmed criticised the Government for keeping Sheikh Hasina behind the bars for 11 months without any specific allegation. It was a violation of human rights, he mentioned.

Demanding the complete withdrawal of the state of emergency he said, "there is no history in the world of holding national election under emergency rule. So the Government should take immediate step for lifting of emergency for the sake of a free and fair national election, he noted.

He warned the Government to shed the idea of holding upazila election before the national election.

AL presidium Member Matia Chowdhury said the Government is showing reluctance for lifting of the state of emergency only to harass the political leaders by filing false and fabricated cases against them.

She also expressed her party's firm stand for boycotting polls under the state of emergency.

AL central Organising Secretary Saber Hossain Chowdhury, Central Office Secretary Abdul Mannan, central Law Secretary Shahara Khatun, Dhaka City Awami League acting president MA Aziz and acting General Secretary Advocate Kamrul Islam, among others, spoke while Assadujjaman Khan Kamal, president of Tejgoan Thana Awami league, presided over the meeting.

Selling of essentials during Ramzan: TCB has no preparation

Staff Reporter

The state owned Trading Corporation of Bangladesh (TCB) has no preparation to sell any essentials during the month of Ramzan, officials said.

"We floated several tenders during the last couple of months to import gram, onion, sugar and edible oil but found no offer acceptable," TCB official Sirajul Islam Khondker told The New Nation yesterday.

He said till Sunday TCB has nothing in store to sell during the month of Ramzan. "We have signed a contract with a Nepalese company early this month for 500 tonnes of lentil but we are not sure to get those until the shipment," he added.

TCB usually sells gram, onion, sugar and edible oil during the month of Ramzan at lower prices to keep the market stable.

TCB had planned to buy 3000 litres of edible oil, 200 tonnes of gram, 100 tonnes of onion and 500 tonnes of lentil through local and international tender and sell those in the local market during the month of Ramzan.

The state owned trading organisation took the initiative to buy edible oil through local and international import but failed to do so despite floating tenders three times. None of the local or international bidders participated in the tenders. It even failed to sell any single tender documents during the first and second round tenders.

TCB had floated tender two times to buy gram and onion. But none of the local or international companies participated in the tenders. To encourage participation of local and international bidders in the TCB tender processes the government had reduced the earnest money to 2 per cent from 10 per cent. Yet it filed to attract any bidder.

Expressing his frustration Sirajul Islam Khondker said, "I am worried, if we will be able to import any essentials and sell those during the month of Ramzan. In the next couple of days we will be floating some more tenders. We have nothing but to look forward."

An official of the TCB alleged that the Ministry of Commerce, parent organisation of the TCB, is not cooperating in the import procedures. TCB has no power to take decision independently. It has to wait days for a decision from the Ministry, he noted.

According to the sources, TCB officials have now no work except making daily market price report.

Power crisis to hit food output

Shamim Jahangir

Food production is likely to face setback this year as the government is yet to take any step to provide electricity to new irrigation lines across the country, sources in the Rural Electrification Board said.

The Rural Electrification Board (REB), which is responsible to connect the irrigation lines at rural areas with power will send a letter to Power Ministry within a day or two with a request to take decision in this regard soon, REB sources said.

"The demand for electricity is 1850 MW in the rural area. It will cross 2650 MW during irrigation period," sources said.

"REB provided electricity to 2,9,097 users for irrigation purpose last year. Of the users, 27,000 were new," according to sources.

"The number of new users for power run irrigation pumps may cross 35,000 as the diesel price has been raised this year," a REB official said.

"We need Tk 196 crore to supply electricity to 35,000 new subscribers this year. Of the amount, Tk 157 crore will account for the purchase of 45,000 transformers, Tk 17 crore for 35,000 metres and Tk 22 crore for 32,000 kilometres of services cables," sources informed.

"If the government decision is delayed for supplying the electricity, the farmers will face problem for irrigation this year," a high official of REB told the New Nation.

"If the government fails to allocate fund within a month, food production can be affected this year," a high official said adding, "We have four month in hands to go for inviting tender to procure 45,000 transformers, 35,000 electricity meters and 32,000 kilometres service lines."

"The government's delayed decision in giving approval to the REB project may hit Aman production across the country," a official of the Department of Agriculture Extension said.

DCC polls in October

Bdnews24.com, Dhaka

LGRD adviser Anwarul Iqbal said yesterday that Dhaka City Corporation polls would be held in October after the elections to four city corporations, slated for August.

"The Election Commission is preparing to hold the DCC polls besides the upazila elections," the adviser told reporters after a review meeting of the annual development programme at the Secretariat.

"The EC has published a draft voter list for DCC," Iqbal said.