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2 years of CG: 'doctrine of necessity' invoked

Dhaka, Feb 5 (bdnews24.com)—The law minister has ruled out legal measures against those responsible for the extended two-year term of the 2007-8 caretaker government.

Taking questions from reporters at his office Thursday, Shafiq Ahmed invoked "the doctrine of necessity".

"You cannot say all their actions or activities were within the bounds of the constitution," the minister said. "So we are not giving legal cover to all their actions, we're not validating all their ordinances.

"They tried to work within the ambit of the constitution. Whatever they did, they did responding to the necessity of the time.

"But if anyone suffers or is adversely affected (as a result of the interim government's actions), the law will take its own course to remedy that," the law minister said.

"Not only these two years, we have been through extra-constitutional rule before.

"(Through changes) in 1975 and 1982, we suffered long periods of government without any constitutional validity.

"We failed to try those (perpetrators)," the minister said.

"This time, the caretaker government took some extra time to get us photo ID cards and hold a free and fair elections. We have to validate these actions for obvious reasons."

The minister declined to say whether the government would take any action against the Anti-Corruption Commission chairman.

"I cannot comment on this. This is not under my ministry.

"But the prime minister has spoken of steps to strengthen the ACC. If necessary, we'll amend the laws governing the ACC."

Replying to a query on the 10 High Court judges who did not get confirmed during the BNP rule, the minister said the government will not pursue an appeal against an HC verdict ordering their reinstatement.

2 years of CG: 'doctrine of necessity' invoked :: Bangladesh :: bdnews24.com ::
 
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This is the politician of Bangladesh.... Also the politicians are the mirror of a society. When I walk throgh the street of Dhaka..I can only see those miniature of politician in most of the peoples face. The reason minus 2 failed, not because those petty political worker crave for democracy and tolerance but for the fear of loosing their share in Bread and Blanket...
 
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Whether they are a drawback is a matter of opinion. What factual data is there that shows Jamaat is affecting our economic prospects or some other progress indicator? I have yet to see any information on this. There are numerous articles available now that clearly show AL is posing a threat to our sovereignty and independence in the present situation. As I have pointed out the AL will use the war crimes trials to distract attention away from their failures and agendas outlined in my article at -

http://www.bangladesh-web.com/view.php?hidRecord=245058

This not only Bangladesh but true for every other country. The ultra right wing and facist parties always put the countries in trouble not the liberal ones.. If you dont see it now, they may tormorrow.... :crazy:
71 is a good example....

War crime issue is something coming out from younger genration and political parties must respond to that... Just watch the grass root leaders of BNP and what they are saying...
These are not my word.. but the feelings of the nation.. Nation is just soul searching now.. Be it war crimes tribunal or not..
Its like abandoned child grew up and looking for his father.....
 
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This not only Bangladesh but true for every other country. The ultra right wing and facist parties always put the countries in trouble not the liberal ones.. If you dont see it now, they may tormorrow.... :crazy:
71 is a good example....

War crime issue is something coming out from younger genration and political parties must respond to that... Just watch the grass root leaders of BNP and what they are saying...
These are not my word.. but the feelings of the nation.. Nation is just soul searching now.. Be it war crimes tribunal or not..
Its like abandoned child grew up and looking for his father.....

The AL are equally if not more fascist then the Jamaat. At least the Jamaat practises internal democracy but in the AL the leader is all which is a clear indication of fascist tendencies. Similarly the Jamaat and AL have rigid ideologies but the AL is more prone to violence and brutality. Your argument does not stand up .....
 
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DIG-Prisons violated code, abused power

Deputy Inspector General of Prisons (DIG-Prisons) Maj Shamsul Haider Siddique violated at least 15 clauses of the jail code and abused his power in various ways to allow special privileges for a dreaded convict, Monowar Hossain Dipjol, according to an investigation by the jail authorities.

A two-member investigating committee of the Jail Directorate submitted a 72-page report on Thursday to the acting inspector general of prisons (IG-Prisons), finding Haider guilty on the charges, and also mentioning that the present jail superintendent of Dhaka Central Jail had no control over the prison under Haider's supervision.

The probe committee is comprised of DIG-Headquarters Commander M Zakaria Khan, and Deputy Jailer of Dhaka Central Jail AG Mahmud.

They prepared the report by talking to 32 persons, who are DIG-Prisons Maj Haider, Dhaka Central Jail Superintendent Towhidul Islam, Jailer Mohammad Faruq, some deputy jailers, and some jail guards.

The investigation was launched after a vernacular daily, the Prothom Alo, on February 2 published a photograph showing Maj Haider having a laugh with convict Dipjol and three women inside Dhaka Central Jail, which prompted the authorities to transfer Haider, to Khulna-Barishal division from Dhaka the same day.

The accompanying news report said Maj Haider allowed 200 visitors to Dipjol within 52 days. Dipjol is sentenced for 41 years in connection with a plethora of crimes including possession of illegal arms, and amassment and concealment of illegal wealth.

IG-Prisons Col Dr Ashraful Islam Khan said he received the probe report and will talk to the home ministry about the findings and the recommendations.

The sources said the report also mentioned that Maj Haider had allowed dozens of visitors including a number of women inside the jail to meet Dipjol, violating the jail code.

Maj Haider in a statement to the committee however said he did not violate the jail code knowingly, and if there was any violation he is sorry about that, the sources added.

The report recommended proper punitive measures for the violation of jail code and abuse of power by Haider. It recommended punishment for other jail officials as well, who were also found to be neglecting their duties.

The probe committee however could not determine how the camera found its way into the jail, and how the photograph was leaked out, which were also violations of the jail code.

Contacted over the phone, Maj Haider told The Daily Star, "I have yet to get a copy of the report, so it's tough for me to make any comment."

He however said, "I did everything in consultation with Senior Jail Superintendent Towhidul Islam, who never alerted me about possible violations," adding, "I always treated all prisoners equally."

Towhidul Islam rebutted Haider's claim saying, "I always alerted him about the questions that might be raised, and the problems that might arise because of his actions."

Replying to a question, the senior jail superintendent said he could not even carry out his own duties properly due to 'interference from his higher authorities'.

:The Daily Star: Internet Edition
 
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Govt set to violate constitution by ratifying ordinances

Staff Correspondent

The government is set to violate the set principles and also two High Court verdicts by ratifying the ordinances promulgated by the military-controlled interim government.

The 44 ordinances recommended by the parliamentary special committee on Tuesday for approval include some ordinances which do not conform to the ratification principles.

The expert committee formed to scrutinise the ordinances promulgated in the past two years submitted its report on January 25, recommending that 30 ordinances should be approved, 39 should be scrapped and 53 others should be left for the parliament to decide.

The expert committee made the recommendations according to the principles that only the ordinances promulgated in accordance with Article 58D of the constitution should be enacted as laws.

According to the article, the president of a caretaker government cannot promulgate any ordinance that is not directly related to elections or is not essential to run the day-to-day affairs of the government.

The High Court has so far delivered two verdicts and ruled that the interim government had no powers to promulgate any ordinance that does not fulfil the conditions.

The High Court bench of Justice ABM Khairul Haque and Justice M Abu Tariq, in accordance with this principle, cancelled the Muslim Marriage and Divorce Ordinance on July 13, 2008 and the Contempt of Court Ordinance on July 24, 2008.

The parliamentary special committee at a meeting on Tuesday recommended 44 ordinances, out of the 122 promulgated by the military-controlled interim government for passage into laws.

The meeting, where five members on the expert committee were also present, adopted the principle of ordinance ratification set by the expert committee.

The 44 ordinances recommended for passage into laws include a number of ordinances which had provisions related neither to elections nor routine functions of the government.

The Bangladesh University of Professionals Ordinance 2008 which made provisions for the establishment of a university for the defence service officials, two ordinances which increased remunerations and other financial benefits of the president and the Supreme Court judges, the Prevention of Terrorism Ordnance which was promulgated amid protests from almost all quarters, the National Human Rights Commission Ordinance and the Right to Information Ordinance, in which changes have been demanded by various quarters including the media and rights groups, are also on the list of the 44 ordinances recommended for enactment.

When asked about the justification of ratifying the ordinances, the law minister, Shafique Ahmed, said, ‘We will also pass the ordinances which are meant to ensure the people’s welfare.’

The president and the Supreme Court judges have already been enjoying the remunerations and financial benefits increased by the ordinances, and privileges once given cannot be curtailed, he said to justify the ratification of the two ordinances.

He also said ‘saving clauses’ would be included in the ordinances which would not be passed as laws in order to validate the actions or measures taken under the ordinances as ‘past and closed transactions,’ according to the General Clauses Act.

Former BNP law minister Moudud Ahmed told New Age the government could not pass into laws the ordinances which were not directly related to elections or routine functions of the government.

The ratification of several of the 44 ordinances recommended by the parliamentary special committee will be a complete violation of the constitution and the High Court’s verdicts, he said.

The parliamentary special committee recommended ratification of the Prevention of Terrorism Ordinance, National Human Rights Commission Ordinance and Right to Information Ordinance, which were not recommended by the expert committee, committee sources said.

The parliamentary special committee, however, recommended disapproval of a number of ordinances considered by different quarters to be beneficial for the national interest and meant for people’s welfare.

Although the committee recommended the University of Professionals Ordinance for the defence officials for passage into law, it did not recommend ratification of the Private Universities Ordinance promulgated to ensure quality education in private universities by making them subject to specific rules and regulations.

The committee also did not recommend ratification of the Supreme Judicial Commission Ordinance promulgated in response to the demand raised by the Supreme Court Bar Association, which is dominated by the pro-Awami League lawyers. The ordinance made provisions for the establishment of a commission to recommend the appointments of Supreme Court judges.

The 78 ordinances, which were not recommended for passage into laws, also include the Consumers’ Rights Protection Ordinance, the Attorney Services Ordinance which made provisions for a permanent attorney service for lower courts, the Real Estate Development and Management Ordinance which made provisions for ensuring accountability of real estate companies, and the Local Government Commission Ordinance which made the local government institutions accountable to a commission instead of the local government ministry.

When he was asked about the justification of non-approval of the ordinances which are necessary for the welfare of the public, the law minister said the parliament would decide the fate of the Consumers’ Rights Protection Ordinance.

The Supreme Judicial Commission Ordinance was declared illegal by the senior judge of a three-member High Court bench although the two other judges declared it valid, said Shafique, adding the appeal against the High Court verdict was still pending with the Appellate Division.

According to a member on the parliamentary committee, the Local Government (Upazila Parishads) Ordinance would be scrapped, but the January 22 elections held under the ordinance would be given validity.

http://www.newagebd.com/2009/feb/07/front.html#1
 
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High prices and uncontrollable crimes increase suffering of people

Staff Correspondent

Prices of essential food commodities and green vegetables are yet to be reduced significantly to be affordable to common people while hijacking, extortion, snatching and murder have incre-ased marking deterioration of law and order acro-ss the country.

During interview with The Bangladesh Today, cross section of people including university teachers, government officials, businessmen and rickshaw pullers said the government will have to go a long way to reduce prices of essentials.

Wishing anonymity, a university teacher at Mirpur-1 said although prices of coarse rice, dal and soybean oil have decreased, but it's too little to soothe the suffering of the commoners while prices of other essentials are still high and unchanged.

He said "Coarse rice is being sold a little cheaper but prices of fine rice remain unchanged aggravating public suffering because the reddish coarse rice available in market is not suitable for eating."

Green vegetables are being sold at high prices although these are domestic products and the government has failed to control prices of green vegetables despite public sufferings, he added.

He said "A cauliflower is being sold at Tk 10 at one market in the capital while it is selling at a price which is almost double at another nearby market. It proves that the government does not have any control over the retail market. Mere control over wholesaler is not enough, rather the government will have to take step to control retailers."

As huge number of police and RAB are deployed in capital, law and order situation is better than that of other parts of the country although incidents of hijacking, snatching and extortion have increased in Dhaka, he added.
Saju, a rickshaw puller, said he resides at garage-cum-mess in Mohammadpur area where the garage owner charges them Tk 55 for providing them with meals twice a day and this amount of Tk 5 less than the previous one was possible due to a little fall in prices of essentials.
Another rickshaw puller Azizul Islam underlined the need for continuance of this reduced price to ensure the survival of the poor people by direct intervention of the government in the market and its round-the-clock monitoring of the prices.

Businessman Fazlur Rah-man at Mirpur said although prices of rice and oil have decreased a little bit but those of green vegetables are still high in absence of adequate steps by the government. He said "If Sheikh Hasina and Khaleda Zia can be imprisoned, is it difficult to take action against corrupt businessmen? As syndicate is working behind this price hike in association with some ministers and MPs of the ruling party, the government is failing to dismantle this syndicate."

About extremely high price of egg, he said a dozen eggs were selling at Tk 60/72 during caretaker government when prices of all essentials became extremely high but now these eggs are selling at Tk 84.

His wife Tahmina expre-ssed her deep concern and anxiety over increasing criminal offences like snatching, hijacking and extortion in the capital and in many cases the women are victims. "Few days back, wife of a BRAC official fell victim to snatchers and her golden chain, mobile phone and vanity bag were robbed near our medicine shop and she was crying helplessly. During the regime of CG law and order was very good but now people are leading their lives in anxiety as criminals have become active again. This is just the beginning and maintenance of law and order will be a big challenge to the government in days to come."

leading news
 
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Some one please answer me? what the hell is his qualification to become industry minister? Who is this looser any way?
 
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Some one please answer me? what the hell is his qualification to become industry minister? Who is this looser any way?

He is a former communist revolutionary which is ideal qualifications to destroy our industrial sector.
 
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Disagreeing on agreement

Disagreements have come to the fore over two agreements, one already existing, the other on the anvil. The trade agreement with India was signed in 1972 and renewed in 1980 and 2003. The five-year pact is now due for renewal. There cannot be any disagreement over a pact that is as old as Bangladesh. Questions can arise only if new elements are included in the Pact that are contentious.

Under the present Pact, India carries its goods using river transports. She has been asking for transit through land route for a long time, provision for which was made under article 5 of the Pact but never given effect. Bangladesh has not agreed to this for several reasons.

Firstly, existing roads and bridges in Bangladesh are not adequate to carry the burden of regular heavy freight which will be the case if road transit is allowed. Secondly, road transit will give rise to smuggling on a large scale which will be difficult to check. These objections are, however, not insurmountable. Physical infrastructures can be improved with assistance from India. Measures against smuggling also can be taken through joint efforts. These two, therefore, cannot be the reasons standing in the way of transit by road for Indian goods. The main reason why Bangladesh has not agreed to this is for its use as a bargaining counter in negotiations with India.

In exchange for road transit Bangladesh wants to have fair share of Ganges water, direct transit to Nepal and resolution of existing disputes including border demarcation, delimitation of territorial waters in the Bay of Bengal, transfer of land to connect with enclaves. India has not shown adequate seriousness in resolving these outstanding issues. Granted, some of the problems are complex requiring international opinion as is the case with maritime boundaries.

But the willingness to arrive at a mutually acceptable agreement has to be there backed by due seriousness. Bangladesh feels that while India is willing to settle the disputes the required seriousness is lacking. In negotiating with India for a package solution to existing disputes Bangladesh has only one strong bargaining chip and that is allowing transit facilities for Indian goods. Understandably, Bangladesh has not been willing to throw away this advantage for nothing. India should understand this and be more accommodating in respect of Bangladesh's claims. Bangladesh not only feels aggrieved over non-availability of due share of Ganges water but also regarding India's future plan to divert water from Ganges and Brahmaputra.

It is unfortunate that India, which was so helpful at the time of Muktijuddha in 1971 should be so rigid and unsympathetic about Bangladesh's claims and requests. True, Bangladesh's politics and foreign policy have not always been much to the liking of India, but this should not influence her policy because she is a greater power and can afford to be more generous towards its smaller neighbours.

Those who are agitating against renewal of trade pact with India now have not been specific about what they are against. It cannot be that they are against the renewal of the Pact itself. If it is the enforcement of Article 5 in the Pact that provides for transit through Bangladesh then they have a point.

The government has to be transparent about any new provision or the implementation of Article 5 and explain this with justification to the nation. The Jatiya Sangsad is the right forum to discuss this and the current session is very handy for the purpose. Any agreement with a foreign country must yield a win-win situation, benefiting both the parties. That is the bottom-line in case any change is going to be made in the implementation of the existing trade agreement with India.

The principle of win-win situation is all the more applicable in the agreement that is being proposed under Trade Investment Framework Agreement (TIFA) by America. There are three major elements in TIFA which may not promote the interest of Bangladesh. Firstly, TIFA requires allowing Trade Union activities to workers in all industries. Bangladeshi workers enjoy this right except in the EPZs. If trade union activities are allowed suddenly in the EPZs the competitive edge that Bangladesh has in respect of exports, particularly garments, will disappear. This does not mean that Bangladesh government is in favour of Dickensian sweatshops to help entrepreneurs at the cost of worker's welfare. Bangladesh has already abolished child labour from garment sector, following international standard and practices. Worker's rights in EPZ's can be protected even without unionisation and Bangladesh will ensure this in her own interest and not because America wants it.

The second element in TIFA includes certain conditions regarding environment in and around industries, like disposal of effluents, emission of CO2, etc. Bangladesh is already enforcing these through the department of Environment. America can look into these and suggest improvements. To ensure this particular matter, a separate agreement need not be signed with America or any other country. The third element in TIFA concerns intellectual property rights. Bangladesh adheres to international copyright but is at present exempted from patent rights for pharmaceutical manufacturing. If TIFA is signed our pharmaceutical industries will have to be closed down or charge a higher price for medicines produced under franchise. Pharmaceuticals is our most dynamic sector next to garment. It cannot be handicapped by signing TIFA at this stage. Those who are disagreeing over TIFA have solid reasons to do so. As in the case of renewal of Trade Pact with India, TIFA also should be discussed in Jatiya Sangshad highlighting the pros and cons. There is no hurry to sign this agreement because in the face of recession, investment in Bangladesh by American investors is most unlikely.

Agreement and treaties with foreign countries are sensitive issues as they have far-reaching consequences. No elected government can avoid transparency and accountability in this regard. It is expected that the present government of Bangladesh will pay due attention to this issue with all the seriousness that it deserves. If national interest calls for, we should disagree to enter into agreements that don't benefit us.

The New Nation - Internet Edition
 
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Menon slams Gen Moeen, DGFI

Dhaka, Feb 08 (bdnews24.com)— Army chief Gen Moeen U Ahmed and military spy outfit DGFI came under heavy fire on Sunday from yet another MP who demanded a parliamentary probe into allegations of torture brought by fellow politicians.

"Following in the footsteps of Pakistan's ISI (Inter Services Intelligence), the DGFI created an information wing through which it controlled the TV stations and other news organisations," Workers' Party's Rashed Khan Menon told parliament.

"Through its political wing, DGFI tried to control politics; tried to form (new) political parties; tried to form a king's party; sought to create division within political parties in the name of reform," Menon said.

"Has Bangladesh been turned into Pakistan?"

Menon did not spare Gen Moeen.

"The army chief wrote in his book that the people wanted to see the army in power. The army took over with a civilian façade. Their real face was exposed a few days later.

"That it was an army-controlled government has never been disputed by anyone.

"We have seen poor people suffer. We have seen prices of commodities soar. They wanted us to change our food habit. (Former BNP finance minister) Saifur Rahman told us to eat cabbages. And the army chief wanted us to eat potatoes," Menon said.

He said the DGFI tortured Abdul Jalil, Sheikh Fazlul Karim Selim, Obaidul Quader and M K Alamgir in its custody.

Speaking in parliament last week, Jalil and Alamgir both alleged torture in the DGFI custody.

They later appeared on TV talk shows to charge the spy agency with mistreatment of politicians. Alamgir was particularly scathing about the agency, and even named senior army officers who were allegedly involved.

"We must form a parliamentary committee and take action against DGFI now," Menon told deputy speaker retired colonel Shawkat Ali, who was in the chair when the MP spoke.

"They carried out activities against politics in the guise of an anti-corruption drive," he said.

"We don't want to keep validating such activities in future on the ground of the 'doctrine of necessity'. Parliament will decide how the country will be run," Menon said, referring to the law minister's recent remarks.

Shafiq Ahmed said Thursday that the so-called doctrine of necessity would force parliament to validate the military-installed government's actions.

Menon said he backed the minister, but for one last time.

Home minister Shahara Khatun, Ruhul Amin Hawlader, Mostofa Jalal Mohiuddin, Nazrul Islam Babu, Golam Moula Roni, K M Khalid, Sadhan Chandra Majumder and Moazzem Hossain Ratan also spoke on the president's speech.

Menon slams Gen Moeen, DGFI :: Bangladesh :: bdnews24.com ::
 
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^^^^^^^^^^^^^^^^^^^^^^^^^^^^

This commies needs to be kicked out as well.
 
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At least 4 dead in Pabna AL clashes

Pabna, Feb 9 (bdnews24.com) – At least four people were killed and 20 injured in fights between two groups of Awami League over the occupation of char lands in Ishwardi, Pabna, police said on Monday.

"Clashes involving gunfire broke out between two AL factions of the younger brother of Shamsu Rahman Dilu (AL's member of parliament for Pabna-4), and Anisur Rahman (AL's upazila unit joint president)," said Ishwardi police station officer-in-charge Rezaul Karim.

The dead were identified as Ayat Pramanik (40), Rashid Pramanik (55), 'Amin' (40) and 'Sirjan' (40).

Ayat and Rashid died on the spot, while Amin and Sirjan succumbed to injuries on the way to hospital, medics said.

The injured were sent to different medical centres at Pabna, Ishwardi and Rajshahi.

The fight broke out over occupation of the Upazila's Charkamalpur, Chargargar, Charmadhia and Lakshmikundar areas, Rezaul said.

Pabna police superintendent Jamil Ahmed earlier confirmed three deaths to bdnews24.com, but said the toll may rise further.

He, however, said the fighting was a "non-political incident".

At least 4 dead in Pabna AL clashes :: Bangladesh :: bdnews24.com ::
 
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These very commies were backbone of 1/11 illegal invasion by Moeen U and his gang. Just name a few of these commies Mahfuz Anam, Motiur Rahman and dada Sirazul Alam Khan. Now all of these Moeen partner in crime changed their color and made 180 degree turn to save their skin or save the pie. Its not only Rashed Khan Menon who spoken out against Moeen, there are other politicians and businessman made complaints about torture and threat practiced by Moeen U and his army buddies. There are more than 300 cr taka sitting in Bangladesh Bank, illegally extorted by Moeen U and DGFI from businessman. These are just on book. There are many more cr of taka disappeared in hand of Moeen U, his army and media buddies. It is not to say these politicians are not corrupt. But torture and wholesale corruption used to pursue them made it impossible now to try these politicians for real crime.

It would be interesting to see where Moeen U end up after his term expires in middle of this year. There is a term in wild west “hang’em high”, I think that’s where Moeen and his cronies neck belongs.
 
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