BNP asks govt not to change constitution ignoring opposition


BNP's senior lawmaker Moudud Ahmed on Thursday said any major changes in the constitution without consulting the opposition would not be accepted.

'We reject the draft constitution. It has not been approved either in the cabinet or by parliament. It is said that it is a draft which means there is no constitution,' he said.

'The court has cancelled the 5th Amendment. A court ruling does not necessarily become an act. If it were so, extra-judicial killings could not have taken place after the court gave a ruling against it. They have printed a constitution in the name of court ruling. But it contains 31 changes in addition to what the court directed. Who gave you the authority to change them,' Moudud asked.

'Mr Suranjit did not even sign the constitution in 1972. Now you have become the guardian of constitution,' he said.

Moudud said, 'We may have made many mistakes. But why should you do the same? You should rather take us to a developed situation.'

Moudud, who act as de facto deputy leader of the opposition, came down heavily on the government for allowing transit to India and borrowing Tk 100 crore from Indian Exim Bank.

'I would not say more on transit. You allowed them transit and we opposed. But I have serious objection to the borrowing of the amount at such high interest rate. It all is against the country's interests,' he said.

Moudud asked the government to scrap the deal. 'If you do not scrap it, we will cancel it if we come to power again,' he said.

He said the International Crimes Tribunal was not up to international standards. He said the government was delaying the trial as it lacked preparations and efficiency to carry out the trial. 'Why do you keep them in jail without holding trial? Why Salauddin Quader is not allowed to attend parliament proceedings?'

'This government's move to hold war crimes trial is nothing but a farce to hide its failure,' he said.

Moudud demanded trial of the policymakers of the military-governed interim administration. 'Try Moeen Uddin, Iajuddin, Fakhruddin, Masududdin, Bari, and Amin by constituting an all-party probe body and we would extend all-out support. If you do not do it, it would be clear who were behind your assumption of power,' he said.

He also asked the government to drop all the cases filed against the opposition leaders. 'It would change the country's political situation overnight,' he said.

Senior BNP lawmaker and former speaker, Jamiruddin Sircar, criticised the move to amend the constitution in line with the court verdict. 'The absolute authority to amend the constitution lies with the sovereign parliament. If the judiciary takes the responsibility of parliament, the existence of parliament comes under question,' he said.

Jamir also questioned the formation of the International Crimes Tribunal. 'The leader of the nation [Sheikh Mujibur Rahman] had pardoned 97 thousand war criminals and their local collaborators. He had said the local collaborators would be tried under regular laws. Now if you try them in the International Crimes Tribunal, you would dishonour your leader,' he said.

Jamir asked the speaker to make arrangement for the detained BNP lawmaker Salauddin Quader Chowdhury's participation in parliament sittings. He cited instances of participation of HM

Ershad, Anwar Hossain Manju and KM Obaidur Rahman who were allowed to speak in the house coming from jail.

He also criticised a foreign journalist's testifying in the court. He said Taher was allowed all the benefits an accused was supposed to get. 'Taher's attorneys did not say that Zia had influenced the trial. Former prime minister Ataur Rahman Khan and former Supreme Court judge Abdur Rouf had defended him,' Jamir said.

BNP lawmaker Majibar Rahman Sarwar said conspiracies were on to distort history through High Court. 'The Awami League does not observe November 7, but they now rejoice in Taher case,' he said.

'If America and Hillary Clinton speak over Yunus issue, it is seen as interference. What happens when a foreign journalist is invited testify,' he asked.

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Pakistan should apologise to Bangladesh for atrocities: Imran Khan


Cricketer-turned-politician Imran Khan said the Pakistan government should officially apologise to the people of Bangladesh for atrocities allegedly committed by the Pakistan Army in the 1971 war.

Khan said this during a television show on Geo News and Geo Super TV channels yesterday while analysing the cricket match between Pakistan and West Indies played at Mirpur in Bangladesh.

The host of the show asked Khan about the expected behaviour of the Bangladeshi crowd in Mirpur and he said the Bangladeshis would support the Pakistani cricket team.

The host then asked Khan whether the time had come for the Pakistan government to apologise to the people of Bangladesh for the army operation of 1971.

Khan said he was previously of the opinion that the army operation was 'a good thing' because there was no independent media in Pakistan in 1971.

Khan said when he went to Britain in 1971, his Bengali friends told him about the 'reality' of the Pakistan Army operation in erstwhile East Pakistan.

He said army operations always created hatred and 'we must apologise to the Bangladeshis'.He added: 'We must learn lessons from our past mistakes

and we should not repeat these mistakes in Balochistan and the tribal areas where we have started army operations on US pressure.'

Khan said he had experienced the love and affection of Bangladeshis during an exhibition match in Mirpur in 1989.

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Housewife, construction employee killed in Dhaka city


Armed assailants killed a housewife at Demra in the capital on Thursday afternoon, while an employee of a construction firm was stabbed to death in Tejagon in early morning.

At Sarulia in Demra, a gang of seven armed assailants killed a housewife of 27, keeping her family members hostage.

The victim was identified as Rina Akter, wife of garment waste businessman Makbul Hossain of Rebeka Sarani.

The police, quoting the family members, said the armed gang stormed the rented flat of Makbul on the first floor of a four-storey building on the road at

around 2:00pm and held the family members hostage at gunpoint.

Rina, mother of three children, was out of the flat when the gang entered the house and held the other family members hostage, the police said, adding that, as soon as Rina entered the flat, the assailants killed her with sharp weapons.

Victim's aunt Shefali Begum said, 'Rina was on the ground floor when the gunmen held us hostage. As Rina knocked at the door, the miscreants opened it and asked her to come in. Later they killed Rina and left the scene.'

She said the gunmen looted gold ornaments and five cell-phones from the flat before killing Rina.

'Soon after entering the house, the assailants were searching for Makbul,' Shefali added.

Rina might have been killed as a sequel to a feud over the garment waste business, sub-inspector Abu Sayeed of Demra police station told New Age.

The body of Rina was sent to Dhaka Medical College Hospital morgue for autopsy.

Abu Sayeed said Rina was stabbed in the chest and abdomen and died on the spot.

No case was filed in this connection till filing of this report at about 6:00pm.

Earlier at 6:00am, Md Joynal Abedin, a supervisor of Bibek Real Estate Company, was stabbed to death in Tejagon area.

The police said contractor Abul Bashar of the

real estate company found the body of Joynal with stab marks in different parts. The body was sent to the DMCH morgue for autopsy.

Joynal's colleagues, who had been working with him at a building, might have killed him as he had disputes with some of them, the police said.

A case was filed with Tejgaon police station in this connection.

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BSF kills 136 Bangladeshis in 2 years


The home minister, Sahara Khatun, on Thursday told the parliament that 136 Bangladeshis were killed and 170 were injured by Indi's Boarder Security Force in two years.

In reply to a question of Nilofar Chowdhury Moni, the minister said that the Bangladeshis were shot dead and wounded with bullets by the Indian border guards between January 1, 2009 and March 14, 2011.

 

She also said that the number of killings was reducing gradually following a strong protest by the Bangladesh government at a number of flag meetings between the border security forces of the countries and the move to stop border killing was on.

The minister said that India had decided to punish BSF personnel accused of killing in the border after a secretary-level meeting between Bangladesh and India in January 18–19, 2011.

She also said that the director generals of the Border Guard Bangladesh and the Border Security Force at a meeting in March 8–13, 2011 promised to use non-lethal weapons (rubber bullets) on an experimental basis in border areas.

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Nine get Independence Award in Bangladesh


The prime minister, Sheikh Hasina, Thursday urged the people to work together to reach the fruits of the nation's independence to every citizen through attaining economic emancipation.

'The nation that has gained independence and sovereignty through a war cannot suffer from poverty and illiteracy,' she said at the Independence Award 2011 distribution ceremony at  Osmani Auditorium.  Two institutions—Dhaka University (Education) and Bangladesh Police (contribution to liberation war) and seven personalities — Gaus Khan (posthumous for contribution to liberation war), Sanghraj Jyotipal Mahathero (posthumous for contribution to liberation war), Neelima Ibrahim (posthumous for contribution to liberation war), Air Vice Marshal (rtd) Abdul Karim Khandaker, (contribution to liberation war), Nutan Chandra Singho (posthumous for contribution to liberation war), AKM Shamsujjuha (posthumous for contribution to liberation war), and Mummad Abul Hashem Khan (culture) received the Independence Award, the highest state recognition, from the prime minister.

Each award recipient was given a gold medal, Tk 2 lakh and a certificate.

Award recipient planning minister Air Vice-Marshal (rted) AK Khandaker also spoke at the function moderated by cabinet Secretary M Abdul Aziz.

Inspector general of police Hasan Mahmud Khandaker, Dhaka University vice-chancellor professor AAMS Arefin Siddique received awards on behalf of their respective institutions while family members received the posthumous awards.

Hasina said Sheikh Mujibur Rahman led the nation to achieve the independence, but when he started  rebuilding the country, the great leader along with the members of his family was killed on August 15, 1975.

'Bangladesh was progressing towards economic emancipation. But, the defeated force struck again and killed the Sheikh Mujib and later on, the four national leaders,' she said.

Following the assassinations, Hasina said the anti-liberation forces grabbed the state power, pushing Bangladesh towards backseat. The prime minister reiterated the government's strong commitment to completely root out militancy and terrorism from Bangladesh.

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Bangladesh govt plans to enact law to ban pornography


FM Masum

The government is planning to enact a law that will prohibit the production, exhibition, preservation and marketing of all sorts of pornography, allowing the court to impose a maximum five years imprisonment.

The initiative has been taken as there is no law at present to stop the production or possession of pornography which are reportedly available throughout Bangladesh, often involving woman who have not given their consent.

Inspector General of police Hasan Mahmud Khandaker told New Age that police have drafted the law and sent it to the home ministry for consideration.

It was drafted, he said, keeping the 'present context of the country in mind' in a bid to stop 'social, religious as well as moral degradation and social instability.'

The home ministry sources told New Age that it had already sent a draft of the law titled the Pornography Act to the ministry of law, justice and parliamentary affairs.

The police had prepared the new law after consulting laws in different countries including Canada, Italy and Sweden, but also taking into account Bangladesh's particular social and religious context, said sources in police headquarter.

The Rapid Action Battalion director general Mukleshur Rahman told New Age that the law could help curb pornography in the country.

'Yes, the draft law is now with the law ministry for its vetting, and we will take action according to the law if it is enacted. It will definitely help us to stop the production and sale of pornography,' he said.

According to the provisions of the draft law, a person convicted for offences relating to the production of pornography can receive a maximum five years imprisonment or a fine of up to Tk 50,000 or both.

Possession of pornography could result in a sentence of three months rigorous imprisonment or fine Tk 10,000.   

At present, the police say pornographic CDs, DVDs and photographs are available throughout the country.

According to the intelligence agencies many actresses, models, school, college and university going girls and different professionals are duped into involvement in video pornography.

They say that some unscrupulous men including some college and university students make pornographic CDs drug the girls and then given them sex-stimulant drugs like yaba.

They also produce the pornographic videos after alluring the teenage and young girls with marriage proposals, the sources added.

In last few months, a number of cases like this have been reported to the police and in most of the cases police could not bring the culprits to justice in the absence of such law, sources said.

In some areas of Dhaka like Gulishtan, Kakrail, Jatrabari and Mirpur, pornography are being sold openly under the very nose of the law enforcers.

As per the proposed law, any sort of production of pornography, its preservation, marketing, carrying, import-export, supply, sales-purchase and exhibition will be treated as a criminal offence.

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Special committee to review caretaker provisions in Bangladesh


Ofiul Hasnat Ruhin

The parliamentary special committee for constitution amendment on Thursday decided to review the provisions for caretaker government.

In its 13th meeting, the committee discussed about Chapter IIA of the constitution, which deals with caretaker government, and decided that the provisions should be revised to make the system flawless in the light of experiences, said committee insiders.

The meeting sources said most of the members had narrated their experiences of the caretaker government and viewed that the provisions had not been implemented in a proper way.

Most of the members suggested that some provisos could be inserted making it mandatory to hold the national elections in 90 days after dissolution of parliament so that the caretaker government could not be prolonged, the sources said.

'We have narrated our experiences of the past caretaker governments and decided to hold detailed discussions on the issue,' committee member Rashed Khan Menon told New Age.

Menon, a Workers Party lawmaker, also said that the prolonged tenure of the immediate past caretaker government was also discussed in the meeting.

'We pointed out that the immediate past caretaker government had violated the constitution, so we want that the provision should not be violated in future,' another committee member told New Age, adding that some provisos could be inserted in the Article.

Terming a problem the cases of promoting judges to the position of Chief Justice by the government violating seniority in order to make him caretaker chief, the committee also decided to review the issue, meeting sources said.

The committee spokesperson and co-chair Suranjit Sengupta at a briefing said that the committee would not disclose the details of its meeting to the media as per the decision of the members.

'The members think it would not be wise to inform the media about the details of the discussions in the meetings as it could create controversies,' he said, adding that they would only disclose the topic which would be discussed in the meeting.

'A parliament of 11days introduced the caretaker system through a mid-night law and there was controversy about the one-party government,' said the co-chair, adding that they would not go out of the constitutional structure of the caretaker government provision.

The parliament formed the special committee on July 21, 2010 with Syeda Sajeda Chowdhury as chairman and Suranjit Sengupta as co-chairman after the Supreme Court had declared illegal the 5th Amendment to the constitution.

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Farmers rally for power in Rajshahi


Farmers in Rajshahi on Thursday went on demonstrations, laid siege to deputy commissioner's office and submitted a memorandum addressed to the prime minister demanding uninterrupted power supply.

Sources said that several hundred farmers from the city outskirts gathered on the court premises and blocked the Rajshahi–Natore Highway to push their demand.

The blockade resulted in about two hundred vehicles being stranded on both end of the road stretch.

The farmers later brought out a procession and then went to lay siege to the deputy commissioner's office.

Civil society actors, right activists, businessmen, students and teachers joined the rally to express their solidarity with the demand of farmers.

A large number of policemen later asked the farmers to call off their protests.

Speakers at the rally said that the government had failed to supply power for which the farmers could not run their deep and shallow tube wells for irrigation.

The speakers also threatened to wage a mass movement against the government if their demand was not met soon.

Rajshhai Rakkha Sangram Parishad convener Jamat Khan, Haragram union council chairman Abul Kalam Azad and Rajshahi-base Sonali Sangbad editor Liakot Ali also spoke.

They went to the office of the deputy commissioner and submitted a memorandum addressed to the prime minister.

The deputy commissioner, Deowar Bakht, said that he would send the memorandum to the prime minister.

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Gas rationing starts next week in Bangladesh


The energy ministry is set to stop gas supply to KAFCO, Palash Fertiliser Factory, Chittagong Fertiliser Factory and Ghorasal Fertiliser Factory and to divert the gas thus saved, to the power plants for increasing electricity generation from next week.

According to the officials in the energy ministry, the prime minister endorsed the gas-rationing programme Thursday and directed the ministry to start generating more electricity from gas-fired plants.

'Through this programme we would be able to divert 246 mmcfd gas to power plants enabling them to generate 500MW more electricity which would ensure supply to the irrigation purpose and improve the load shedding situation across the country,' officials in the energy ministry told BSS Thursday.

The Power Development Board said it failed to produce 500-600MW of electricity for want of gas supply. PDB's daily production report says it is now producing 3,900-4,000MW of electricity against the demand of around 5,800MW.

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Dhaka-Kolkata cycle journey begins today


A cycle journey titled 'Ride of the Tiger' will begin today from the capital to Kolkata with a view to raising public awareness about the endangered tiger community in  Sundarban.

Five cyclists will start their journey from Italian embassy in Dhaka to ITC Sonar Hotel in Kolkata, capital of India's West Bengal state, at 6:45am today.

The riders will donate the funds earned from the campaign to Sundarban Tiger Project, a tiger conservation initiative implemented by Wildlife Trust of Bangladesh, a non-governmental organisation, and the Zoological Society of London.

The 'Ride of the Tiger' campaign has included several fundraising events including dinner party and football tournament, and also received an invitation to meet Princess Anne of the United Kingdom in February.

Each campaign element has aimed to tell people about the dire predicament of tigers in Sundarban, which is home to 300 to 500 of the remaining 3,200 tigers worldwide.

As only organisation in the country that works to protect tigers, the STP conducts research and surveillance, capacity building of the Bangladesh Forest Department, operations to mitigate human-tiger conflict, and efforts to increase public awareness of the need to adopt conservationist views of the tiger and its habitat.

'One hundred years ago, the world had a hundred thousand tigers. That number has dwindled to only around three thousand today. And without collective human support, the tiger will almost certainly disappear in Bangladesh. We are not talking about huge numbers. We are talking about a few hundred. But we do still have time.'

The five riders are Massimo Franco, Chris Roy, Henry Churchill, Keith Mullan and Max Baldwin.

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Khaleda Zia urges KSA to take more Bangladeshi female students


The BNP chairperson, Khaleda Zia, has urged Saudi Arabia to take more female students from Bangladesh for higher studies.

On a visit to Nora bint Abdulrahman University in Riyadh on Wednesday, Khaleda addressed the students, her press secretary Maruf Kamal Khan told bdnews24.com.

The BNP chairperson praised the dynamic leadership of King Abdullah bin Abdul-Aziz. She also expressed hope that Saudi Arabia would play the right role in maintaining the progress, prosperity and unity of the Muslim community.

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73 accused jailed, 22 acquitted in BDR case in Khagrachari


A special court of Border Guard Bangladesh on Thursday sentenced 73 BGB soldiers to various terms of rigorous imprisonment ranging from four months to seven years for their involvement in the 2009 mutiny in Ramgarh and Khagrachari sector headquarters.

The Special Court-15 presided over by BGB Khagrachari sector commander colonel Abu Wahab Mohammad Hafizul Haque also fined each of the convicts Tk 100.

With this, 1,444 border guards have been sentenced to jail since the first verdict in one of the Bangladesh Rifles mutiny cases was pronounced on February 3, 2010.

The court acquitted 22 of the accused as the charges brought against them had not been proven beyond doubt.

The three-member court set up at Khagrachari BGB sector headquarters started delivering the verdict in the case of mutiny at 11 Border Guard battalion of Ramgarh at about 10:00am and ended at around 10:40am.

All the 69 accused soldiers of the battalion were produced before the

court when the judgement was pronounced.

Nine of the accused were acquitted as the charges brought against them had not been proven.

Of the convicts, 11 were sentenced to seven years in prison, two to five years, two to four and a half years, six to four years, eight to three and a half years, nine to three years, one to two and a half years, four to two years, two to one and a half years, two to one year, eight to six months, and five to four months in jail.

The accused were charged with rebelling on February 26, 2009 following the Pilkhana BDR mutiny.

In a separate judgment, the court sentenced 29 out of 42 soldiers of BGB Khagrachhari sector headquarters unit accused of mutiny to different terms of rigorous imprisonment.

The court acquitted the remaining 13 accused.

Four of the accused were sentenced to five years in prison, one to four years, four to three years, one to two and a half years, two to one and a half years, three to one year, 12 to six months, and two to four months in prison.

The two other members of the court were lieutenant colonel Syaed Sayedis Sakline and major AZM Golam Mustafa Al Mamun. Deputy attorney general Farhad Ahmad assisted the court as representative of the attorney general.

A total of 57 cases, including 11 filed in Dhaka, were filed in connection with mutiny at all but nine units of the erstwhile BDR.

The first trial of BDR mutineers began in Rangamati on November 24, 2009 under the Bangladesh Rifles Order 1972. After carrying out investigations, the authorities accused 6,052 BDR soldiers, including 4,098 of Dhaka, of taking part in the mutinies.

The specials courts in their verdicts so far have acquitted 51 of the accused.

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One killed in RAB ‘crossfire’ in Bangladesh


A 29-year-old man, reportedly picked by plainclothesmen on Tuesday from Dhaka court premises, was killed in a 'gunfight' with the Rapid Action Battalion at Shyampur in the capital early Thursday.

The deceased, Gopal Chandra Shil, 32, was wanted by the police as he was accused in at least 12 cases, mostly related to murder, the police said.

The latest incident took to 26 the number of such people killed extrajudicially in the incidents of 'crossfire,' 'gunfight' or 'encounter' after January 1. Eleven of them were killed in Dhaka.

Two hundred and fifty-six people have so far fallen victim to extrajudicial killing by law enforcers since January 6, 2009

when the government assumed office with a commitment to end extrajudicial killing.

The family said that the battalion personnel in plainclothes had picked him up on Tuesday and shot him on Thursday.

The victim's father Ram Mondol Shil, 52, alleged that the law enforcers had picked his son from the Dhaka court premises on Tuesday when he was coming out after appearing in the court in a case.

Ram said that his son was arrested eight months ago in a false case. 'The police produced him in the court in a case and the he was sent to jail.'

Gopal was released three months ago and was trying to start a business, Ram said at Mitford Hospital.

The Kadamtali police officer-in-charge, Kazi Ayubur Rahman, said a patrol team of RAB 10 challenged Gopal and his associates when they were holding a meeting near the WASA tank at Shyampur about 1:30am.

The group then fired into the battalion personnel, who fired back, leading to a 'gunfight.'

Gopal died on the spot, the police said. 'Others, however, managed to get away.'

A pistol and a bullet were recovered from the place.

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Five killed, 20 hurt in road accidents


A female student of Jagannath University and four others were killed in separate road accidents in Gopalganj, Lalmonirhat, Jessore and Jenaidah on Wednesday and Thursday.

The New Age correspondent in Gopalganj said a student of Jagannath University was killed and 20 others were injured in a road accident near Gohala Bridge in the district headquarters early Thursday.

The deceased Mishari Akhter Mishu, 21, was daughter of Shafiul Alam of Digharkul at Rampal in Bagerhat.

Gopinathpur police subinspector Shariful Islam said that a bus headed for Dhaka from Pirojpur had skidded off into a roadside ditch as it was overtaking another bus about 11:00pm Wednesday.

Mishari was a second-year student of English at Jagannath University. The police seized both the buses but the drivers managed to get away.

The correspondent in Lalmonirhat said a man was killed in a road accident at Milan Bazar of Hatibandha on the Lalmonirhat–Burimari Road about 10:00pm. The victim was Laizu Islam, 26, of Hatibandha.

The police said that a bus headed for Patgram had knocked down the man when he was crossing the road about 10:00pm. The man died on the spot.

The correspondent in Jhenaidah said an electrician was killed in a road accident at Kaliganj in the district on Thursday afternoon. The victim was Umar Farooque, 42, of Devinagar at Dattapara in Lakshmipur.

The police said that a pick-up van had hit the motorcycle Umar was riding about 1:00pm. Umar died on the spot.

The police failed to seize the vehicle or arrest the driver.

The correspondent in Jessore said that two were killed in a road accident at Palbari in Jessore about 9:30pm on Wednesday.

The accident took place as a truck ran over an auto-rickshaw

The victims were the auto-rickhsaw driver Jani, 24, of Pagladah in the Jessore district headquarters, and Abdus Salam, 50, of Arabpur in the Jessore town.

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9 hurt in clash over UP polls campaign at Hatia


At least nine people were injured in a clash between the supporters of two union parishad polls candidates at Roma market in Hatia upazila early Thursday.

Witnesses said supporters of Awami League-backed candidates Alhaj Alauddin Azad and Abdul Halim Azad attacked each other during election campaigning at the market, leaving nine people injured from both sides at around 1:30am.

Six motorcycles were burnt and four shops of the market vandalised during the clash.

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Int’l rights groups demand Odhikar harassment stopped


International human rights organisations have expressed deep concern over harassment on right organisation Odhikar and its secretary Adilur Rahman Khan and other members and called for immediate stoppage of such harassment.

The Asian Forum for Human Rights and Development (Forum-Asia), a membership-based regional human rights organisation on Wednesday and the Observatory for the Protection of Human Rights Defenders, a joint programme of the International Federation for Human Rights (FIDH) and the World Organisation Against Torture (OMCT) on Tuesday sent open letters to prime minister Sheikh Hasina expressing their deep concern over the continued harassment on Odhikar and Adilur by national security agencies.

In the letters, the international rights organisations said that National Security Intelligence members reportedly resumed their activities of close surveillance on Odhikar and its members, in particular Adilur, also member of OMCT general assembly.

The intelligence men also visited Odhikar office in Dhaka and asked questions to one of the employees about Adilur's family and his daily schedule on March 14, 15 and 17.

On March 15, when Adilur was returning home from the Supreme Court where he appears as an advocate, two persons on a motorcycle followed him to his house at Gulshan, the letters said.

On March 16, an individual introducing himself as National Security Intelligence deputy director Mohammad Tota Miah, went to Odhikar's office and asked the accountant to hand him over all the documents which Odhikar had already submitted to the NGO Affairs Bureau. When the accountant asked the man for his identity card, the man left the office.

Earlier, the law enforcement agencies visited Odhikar office on October 5, 6, 7, 9, 17, 23, November 3, December 25 and 26 in 2010 and identified themselves as police from the Special Branch, the letters stated.

According to the letters, law enforcement agencies inquired about Odhikar's secretary Adilur Rahman Khan, they wanted his curriculum vitae, passport details and his political background. They also summoned Odhikar officials to Munshiganj and City Special Branch at Gulshan.

In the letters, the international rights organisations also expressed their concern over silence of the Bangladeshi administration following the submission of various human rights projects by Odhikar.

Odhikar sent letters to the NGO bureau for approval of projects 'Promotion of Human Rights in Bangladesh through Documentation, Fact-finding and Advocacy' funded by the Finnish NGO Foundation for Human Rights (KIOS) on July 7, 2010. The project is still pending with the bureau for its approval and clearance, although Odhikar had clarified a number of queries.

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Non-party caretaker system essential in Bangladesh for democracy: TH Khan


M Moneruzzaman

T H Khan, the senior most Supreme Court lawyer argued on Thursday that the 13th amendment which introduced the system of non-party caretaker government in 1996 had no way destroyed the spirit of the Constitution because it only strengthened democracy.

He was arguing before a seven-judge bench of the Appellate Division, chaired by the chief justice ABM Khairul Haque which was hearing an appeal filed by three Supreme Court lawyers in 2005 against legality of a High Court verdict that had declared the system of non-party caretaker system lawful.

The Supreme Court had earlier appointed Khan, an amicus curiae, a legal term in Latin, meaning 'friend of the court', to assist the court arrive at a decision on whether or not the election time system of unelected non-party caretaker government could destroy the democratic spirit of the Constitution and undermine the independence of the judiciary.

During hearing of an appeal against a High Court verdict that had declared the 13th amendment valid, TH Khan also argued that the article 141A of the Constitution introduced to the Constitution through the second amendment in 1973 provided for the proclamation of the emergency which threatens democracy by suspending fundamental rights.

Khan refuted the argument of the counsel of the appeal petitioners that the system non-party caretaker government of which a former chief justice becomes the head hampers independence of the judiciary.

He also refuted their argument that the former chief justice became subservient to the government by becoming the head of the non-party caretaker government, saying 'I do not think so as there were no controversies over the integrity and quality of three former chief Justices—Justice Shahbuddin Ahmed, Justice Habibur Rahman and Justice Latifur Rahman—who were appointed the heads of caretaker governments in 1991, 1996 and 2001.

Khan argued that if emergency does not destroy democracy, non-party caretaker government also cannot destroy democracy.

He described emergency as 'tsunami for democracy' because when emergency is proclaimed democracy simply disappears.

Khan said that one has to remember it that there was no provision for emergency in the Constitution of the Republic when it was adopted in 1972.

Khan said Bangladesh does not require democracy of the type of Somalia or Ivory Coast.

He said to ensure undiluted democracy Bangladesh must continue with the system of non-party caretaker government at the time of election.

Khan said that the non-party caretaker system was the imperative of the time and in the interest of democracy. 

At one stage, the chief justice ABM Khairul Haque observed that parliament exists even during and after emergency, but it (parliament) ceases to exist during the tenure of a non-party caretaker government.

He said that during the tenure of election time non-party caretaker government, the people's elected representatives do not run the government as the Constitutions requires.

Khan pointed out that a non-party caretaker government runs the administration for holding free and fair elections acceptable to all only after the dissolution of parliament at the end of the tenure of an elected government.

The chief justice recalled that immediately after the assassination of US president John F Kennedy on November 22, 1963, vice president Lyndon B Jonson took oath of office on board US Air Force One so that there was no vacuum in the office of the presidency.

He said that the Constitution does not allow any gap between democratic governance.

He said, 'There has to be continuity of democracy. There can be no gap here.'

The court adjourned the hearing until March 28 when Rafique-ul Haque would be requested to make his submission as amicus curiae.

A three-judge special bench of the High Court Division, comprising Justice Md Joynul Abedin, Justice Md Awlad Ali and Justice Mirza Hussain Haider, in their judgement delivered on August 4, 2004 had declared the 13th amendment to the Constitution brought by parliament in March 1996 as lawful.

Three Supreme Court lawyers had filed the writ petition in January 2000 challenging the legality of the amendment to the Constitution that had introduced the system of non-party caretaker government for holding parliamentary elections.

In 2005, they filed the appeal against the judgement of the High Court Division.

Of the three petitioners, only Abdul Mannan Khan continues in the legal profession,  Ruhul Quddus has been appointed an additional judge of the High Court Division and M Saleem Ullah is dead.

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10-year-old girl raped in Dhaka city


A man of 22 allegedly raped a 10-year-old schoolgirl at Karail slum in the city's Gulshan area on Wednesday night.

The victim, daughter of a rickshaw-puller, is a student of Class IV of a local school.

The victim's family said Rana intercepted the girl at about 9:30pm when she was returning home from the house of her relatives in the area.

He dragged the girl into a nearby toilet and raped her, her father said.

Her parents came to know about the rape when she returned home with her dress drenched with blood.

She was immediately taken to a local hospital and later transferred to Dhaka Medical College Hospital.

After getting treatment at Ward-17, she was admitted to the One-Stop Crisis Centre of the DMCH, the hospital sources said.

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Hearing in pleas for Matiur Rahman Nizami interrogation, Alim arrest March 27


The international crimes tribunal on Thursday posted for March 27 the hearing in two petitions seeking warrant for arrest of former Bangladesh Nationalist Party lawmaker Abdul Alim and interrogation of the detained Jamaat-e-Islami amir Matiur Rahman Nizami on war crimes charges.

The tribunal, widely known as the war crimes tribunal formed on March 25, 2010 for the trial of war crimes committed during the war for independence in 1971, also set April 19 for hearing another petition for interrogation of the detained BNP leader Salauddin Quader Chowdhury on similar charges.

The tribunal registrar, Md Shahinur Islam, at a briefing in his office said that the prosecution had filed the three petitions on Wednesday and the tribunal set the dates for the hearing after the petitions had been placed before it on Thursday morning.

He further said that the tribunal posted for April 19 the hearing in the petition for interrogation of Salauddin as it had earlier set the same date for producing the BNP standing committee member before it in ICT case 4/2010.

The registrar said that a copy of the petition for interrogation of Nizami was served on his lawyers so that they could defend him during the hearing on March 27.

The registrar, however, said that Salauddin was yet to engage any lawyer.

The tribunal of Justice Nizamul Huq, Justice ATM Fazle Kabir and judge AKM Zahir Ahmed on January 17 ordered Salauddin, already in custody, to be detained till April 19 in the case on war crimes charges.

The tribunal had also ordered the investigation agency concerned to complete the probe into ICT case 4/2010 as early as possible.

Earlier on August 2, 2010, the tribunal asked the prison authorities to keep Jamaat amir Matiur Rahman Nizami, secretary general Ali Ahsan Mohammad Mojaheed and assistant secretaries general Mohammad Kamaruzzaman and Abdul Quader Molla, already in custody, in prison on war crimes charges until further orders.

The order for the detention of the Jamaat quartet came in ICT case 1/2010, recorded with the tribunal on July 21, 2010.

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