Thursday, August 16, 2007

STATEMENT: Enactment of Emergency Rule Has Authorized Law Enforcing Agency to Abuse Human Rights

Adv. Shahanur Islam Saikot Programme Manager-Lrgal & Human Rights On 11 January 2007, the army backed caretaker Government declared state of Emergency of Emergency under Article 141A (Proclamation of Emergency) 141B (Suspension of provisions of certain articles during emergencies) of Bangladesh Constitution. Under the said article during state of Emergency Article-36 (Freedom of movement) , Article-37(freedom of assembly) , Article-38 (Freedom of association) , Article-39(Freedom of thought and conscience, and of speech) , Article-40(Freedom of profession or occupation) , Article-42(Rights to property) remain suspend. But the fundamental rights under Art. 26(Laws inconsistent with fundamental rights to be void) , Article 27 (Equality before law) , Article 28 (Discrimination on grounds of religion, etc ) , Article 29(Equality of opportunity in public employment) , Article-30 (Prohibition of foreign titles, etc) , Article-31 (Right to protection of law) , Article-32 (Protection of right to life and personal liberty) , Article-33 (Safeguards as to arrest and detention) , Article-34 (Prohibition of forced labour) , Article-35 (Protection in respect of trial and punishment) , Article-41 (Freedom of religion) , Article-43 (Protection of home and correspondence) , Article-44 (Enforcement of fundamental rights) , Article-45 (Modification of rights in respect of disciplinary) , Article-46 (Power to provide indemnity) , Article-47 (Saving for certain laws) , Article-47(B) remain valid. The duration of the emergency is valid up to maximum 120 days. But the present army backed caretaker gov’t has been violating the constitutional obligations. Emergency was imposed on 11 January 2007 and after 120 days it was supposed to be lifted by 11 may 2007. But the care taker Gov Violating the constitution is holding power unconstitutionally. The care taker Gov. has promulgated emergency rules on 12 January 13 February 21 march 2007. As per rule 11(3) if any punishment is imposed by lower court will remain valid although appeal against the that punishment is accepted by the higher court .but for the end of justice as soon as appeal is accepted by the higher court the judgment of the lower court is automatically suspended and the accused is treated as innocent . So this rule 11(3) is in violation of inherent fundamental right of obtaining justice. As per rule 15(A) during trial and before judgment movable and immovable properties can be attached and frozen by the government authority. As per rule 15(B) the government authority on mare suspicion can attach and freeze any body’s movable and immovable properties. Acquiring legal properties is inherent fundamental rights of a citizen per constitution. With out declaring those properties illegal by the appropriate court the properties can not attached or frozen by the other authorities. As per rule 19(D) a person can be termed as guilty during investigation and trial for which he has been restricted to submit bail prayer to the court. But prayer of bail is an inherent rights of a person when he is arrested. Whether is granted or not granted is the authority of the court. The enactment of these rules has empowered the law enforcing agency to frequently violate human rights and put entire nation at mercy of them

Wednesday, August 15, 2007

STATEMENT:Patronization of Fundamentalist Militant by The Lt. General Masud Uddin Chowdhury is Being Hailed by The Top Leaders of Those Militants

Adv. Shahanur Islam Saikot Programme Manager-Legal & Human Rights On 13 August 2007, the daily Inquilab and many others daily Newspaper published exciting news item that Lt. General Masud Uddin Chwdhury the second senior most Army officer of Bangladesh Army and principal staff officer (p s o) to the Chief adviser stated that there is no fundamentalist terrorist in Bangladesh while he was speaking as a chief guest in a session of developing rule of engagement and combating terrorism held in Dhaka cantonment on 12 august 2007. But fact is that hundred and thousand of militants took training in Afganistan and participated with Taliban in Afganistan was against combine forces. After the fall of Taliban regime those trained militants returned to Bangladesh and started to impart arm and explosive training to the student of Islamic school (Madrasha). Their activities came to surface through grenade attack upon British High commissioner in 2004 at Sylhet. 21 August 2004 grenade attacked upon Sheikh Hasina and all top leaders off secular Democratic Party Bangladesh Awami League, 17 august 2005 massive and simultaneous bomb exploration all over the country, killing of judges, and explosion in the courts, killing lawyers and several others incidents. The law enforcing agencies have recovered huge quantities of arms, ammunitions, explosives, grandees, booklets about their plan of Taliban style government. Six militants leader have been sentenced to death and till today the law enforcing agency is to encounter with the militant even within capital city Dhaka. From such mysterious comment of Lt. general Masud Uddin Chowdhury, a top class of Bangladesh army, the democratic loving people of Bangladesh have become seriously confused as to whether the country is moving towards fundamentalist terrorism like Taliban of Afganistan. In order to save Bangladesh from the hands of fundamentalist terrorism election should not be delayed under the trap of photo-voter list rather to be held early on the basis of updated voter list as verdict by the Supreme Court of Bangladesh.

Thursday, August 2, 2007

STATEMENT:The Present Army Backed Caretaker Gov’t Desiring to Institute a fabricated Case

Adv. Shahanur Islam Saikot Programme Manager-Legal & Human Rights On 21 August 2004, there was massive grenade attack upon the Sheikh Hasina while she was addressing a mammoth gathering at the Bangabundhu Avenue in Dhaka. About 24 persons died on the spot and a few hundred received severe injuries. Sheikh Hasina escaped from death because she was immediately pushed in to her bullet proof Jeep by her party men. But her bulletproof jeep was seriously damager by her bullet shots and grenade splinters. The security committed of Awami League felt necessity to replace the changed jeep by two new bulletproof jeeps. Then the Four Party alliance government did not supply the bulletproof jeep. At this circumstance to ensure safety of and security of the president of Awami league, two party nominated Member of Parliaments (MP) Dr. Mohammad Serajul Akber and Mr. Zahid Ahsan passed from the MP’s quota imported two bullet proof Mercedes Banes jeep, duly registered in their respective name and offered to Sheikh Hasina for use in party programme. Sheikh Hasina was arrested on 16 July 2007. After two or three days from her arrest those two jeeps have been seized by the government with the charge that Sheikh Hasina has done offence by using other’s owned jeep. There is no law in Bangladesh and hopefully in any other country of the world that a person is restrained to offer his personal transport for use of other person. But the present army backed caretaker gov’t has been searching every nook and corner to frame charge against Sheikh Hasina so that she would not be able to contest the next election and remain silent against the unconstitutional army backed caretaker government. So far this government has instituted four false cases against her. Honorable High Court of Bangladesh on 30 July 2007 has passed the rule to stay all proceedings of one those cases and shown arrest in other false cases she could not be free from the jail. The lawyers are preparing to move to the High Court against the remaining false cases. Government is apprehending that the proceeding of all those false case will be stayed by the court and Sheikh Hasina would be bailed out. To put her in to further and prolonging harassment the government desires to institute another false case in connection with those two bulletproof jeeps. Such action with motive the army backed caretaker government has lost their neutral character which is violation of Constitution and abuses of Human Rights