Law-&-Order
ICT (amendment) ordinance receives approval to shield trials from scrutiny
The Council of Advisers on Wednesday gave the final approval to the draft of the International Crimes (Tribunals) (amendment) Ordinance 2024, bringing significant amendments to address concerns from both local and international communities regarding trials under the law.
But the provision for punishing an organisation (such as a political party) has been removed from the draft law.
The approval came during a meeting of the Council, chaired by Chief Adviser Prof Muhammad Yunus.
“We felt the need to amend the International Crimes (Tribunals) Act 1973 due to substantial criticism of the trials held under the law during the regime of the fascist government,” said Law Adviser Asif Nazrul at a press briefing.
The briefing was held at the Foreign Services Academy to announce the outcomes of the meeting.
Nazrul said that local and international human rights organisations had raised several concerns about the flaws in the law during the trials conducted under the Awami League (AL) regime. “Since we want to conduct fair trials and ensure due process, we have initiated these amendments,” he added.
The government, he said, consulted a wide range of stakeholders, including law experts, human rights activists, journalists, prominent local and international lawyers, and human rights organisations, as well as the UN Human Rights Forum. “The draft law is based on the opinions of all these parties,” Nazrul said.
The law adviser noted that while the existing law included provisions for punishing organisations, this provision had been removed in the new draft. Under the draft ordinance, tribunals will be able to recommend that the proper authorities punish an organisation, rather than carrying out the punishment directly.
“If any political party were punished under this law, it would open unnecessary avenues for questioning the legitimacy of the trials. We aim for the trials to be conducted in a fair and proper manner, which is why this provision was scrapped,” he said.
Nazrul emphasised that political parties could still be punished under other existing laws, such as the Anti-Terrorism Act and the Political Party Ordinance of 1978, should there be popular demand or a necessity to ban a party for criminal activities.
Highlighting key changes, the adviser said that the definitions of ‘crime against humanity’ and ‘genocide’ in the proposed ordinance are aligned with the Rome Statute of the International Criminal Court.
He also pointed out that the draft ordinance provides equal rights to the defence during prosecution. Additionally, there is a system in place to protect victims and witnesses, and victims will be entitled to compensation.
According to Nazrul, the draft ordinance includes a provision allowing forces from three types of institutions – discipline forces, intelligence agencies, and auxiliary forces – to be involved. “These forces have been clearly defined in the draft, following our constitution and traditional human rights law,” he said.
The proposed ordinance also allows for the appointment of foreign lawyers, should either the prosecution or defence wish to engage them.
Another significant provision in the draft law allows observers, both local and international, to monitor the trial process.
Human rights organisations, both domestic and global, will be able to observe the proceedings.
Responding to a question about the death penalty, the law adviser said the provision for death penalty in the laws for hundreds of years in the country. “There is nothing new. Bangladesh is not a signatory to the international convention on abolition of the death penalty. So, it (the demand for abolishing the death penalty) is also not compatible with the legal culture of Bangladesh,” he said.
Youth and Sports Adviser Asif Mahmud Sajeeb Bhuiyan, Adviser Mahfuj Alam and Chief Adviser's Press Secretary Shafiqul Alam were present at the briefing.
9 hours ago
ICT orders completion of probe against ex-IGP Mamun, 7 others in a month
The International Crimes Tribunal (ICT) has ordered its investigation agency to submit reports within one month in the cases filed against eight accused, including former Inspector General of Police (IGP) Chowdhury Abdullah Al Mamun.
Former director general of the National Telecommunication Monitoring Centre (NTMC) Major General (retd) Ziaul Ahsan is among the accused.
The cases were filed over killings and crimes committed against humanity committed during the July-August mass uprising.
The three-member tribunal, led by Justice Md Golam Mortuza Majumder, passed the order, said tribunal’s chief prosecutor Advocate Md Tajul Islam.
The court ordered keeping the eight accused in jail until the submission of the investigation reports, the chief prosecutor said.
Earlier in the morning, the eight accused were produced before the ICT in connection with killings during the July-August mass uprising.
Advocate Tajul Islam said that the accused were brought before the tribunal on Wednesday after being shown arrested in cases related to crimes against humanity.
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All of them are currently behind bars in connection with other cases.
The accused include former Jatrabari Police Station OC Abul Hasan, former superintendent of Dhaka police Md Abdullah Al Kafi, former DC (Mirpur) Md Jasim Uddin Mollah, former additional superintendent (Savar Circle) Md Shahidur Islam, former OC of Gulshan Police Station Md Mazharul Haque and former Detective Branch inspector Md Arafat Hossain.
On October 27, the ICT had ordered that 14 accused be produced before it on November 18.
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Thirteen people, including nine former ministers of the ousted Awami League government, were subsequently presented in court. But, former agriculture minister Dr Abdur Razzaque could not be brought before the tribunal due to his illness.
Besides, the court had directed that former IGP Abdullah Al Mamun, former army officer Ziaul Ahsan, and the other aforementioned police officials be presented on November 20, as per schedule.
17 hours ago
Ex-SCC mayor Anwaruzzaman among 365 AL men sued in explosives cases
Two cases under the Explosives Act were filed against 365 Awami League (AL) men including former Sylhet City Corporation Mayor and general secretary of the UK unit of AL Anwaruzzaman Chowdhury with Sylhet’s Kotwali police station recently.
The accused also included central committee’s former organizing secretary Advocate Misbah Uddin Siraj, district unit of AL general secretary and former Zilla Parishad Chairman Advocate Nasir Uddin, district unit of Chhatra League president Nazmul Islam, general secretary Rahel Siraj, city unit of Swechasebak League president Aftab Hossain Khan, general secretary Devanshu Das Mithu and Golapganj upazila unit of AL organising secretary Khairul Haque, among others.
Those mentioned above were sued in both cases.
On November 13, one Masum Ahmed, a resident of Golapganj upazila, filed a case naming 49 AL men and 100 to 150 unnamed others with the police station.
His case statement reads that on July 19 the AL activists equipped with deadly arms attacked them when they brought out a procession in the city’s Zindabazar area in favour of the Anti-Discrimination Movement, leaving several people including him critically injured.
He sustained bullet injuries in left leg.
On November 16, another named Jahed Ahmed, son of Asman Mia of Shibganj Sonarpara area of the city, filed the second case naming 106 AL men and 50 to 60 unnamed others.
According to the case deposition, the victim sustained severe injuries in attacks carried out by the supporters of the then ruling AL in Zindabazar Court Point area on August 4.
Later, he was admitted to Sylhet MAG Osmani Medical College Hospital.
1 day ago
HC orders ban on plying of battery-run rickshaws in Dhaka within 3 days
The High Court on Tuesday ordered the authorities concerned to impose a ban on plying of battery-run rickshaws in Dhaka within three working days.
The HC bench of Justice Fatema Najib and Justice Sikder Mahmudur Razi passed the order after hearing a writ petition.
Secretaries to the Home Affairs Ministry and Local Government Ministry, Inspector General of Police, Police Commissioner of Dhaka Metropolitan Police, authorities concerned of two city corporations have been asked to implement the order.
Barrister HM Sanzid Siddique and Barrister Tahsina Tasnim Mridu stood for the petitioner.
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Battery-operated rickshaws have been seen driving on the roads recklessly. Besides, they are being charged using unauthorised electricity connections, the petitioners contend.
Barrister Sanzid drew the attention of the court about the battery-operated rickshaw on behalf of the paddle-run traditional rickshaws.
According to the writ petition, a total of 12 lakh rickshaws are moving in Dhaka city and a big portion of this are battery-operated, which has made traffic management difficult.
The reckless movement and risky movement of the battery-run three wheelers has become a risk.
The residents of Khilgaon, Manda, Basabo, Maniknagar, Rampura, Badda, Sayedabad, Jatrabari, Kadamtoli, Sabujbagh, Shyampur, Demra, Mohammadpur, Basila, Uttara, Bhatara, Dakkhinkhan, Uttarkhan, Moynartek, Mirpur, Pallabi are experiencing the movement of battery-operated rickshaws most.
1 day ago
Traffic rules violation: 1, 814 cases filed
The Traffic Division of the Dhaka Metropolitan Police (DMP) filed 2,131 cases during operations targeting traffic rule violations on Monday.
Talebur Rahman, deputy commissioner (media) of the DMP, confirmed the information in a media release on Tuesday.
In addition, 59 vehicles were seized and impounded, while 82 others were towed due to poor driving practices, he added.
1 day ago
Abu Sayed’s death: Rokeya Univ’s ex-proctor remanded
A court on Tuesday placed Shariful Islam, former proctor of Begum Rokeya University (BRU), on a three-day remand in connection with the death of Abu Sayed during the student-led movement.
Judge of the Rangpur Metropolitan Magistrate Court-2 Md Asaduzzaman passed the order when police produced him before the court.
Advocate Rokunuzzaman Rokon filed a petition seeking a five-day remand for the former proctor of the university.
Earlier, members of Police Bureau of Investigation (PBI) arrested Shariful from Alamnagar area on Monday night.
Abu Sayed, a 12th batch student of Begum Rokeya University's English Department, was killed during the student-led movement on July 16.
Analysing the CCTV footage of the killing, former proctor Shariful was found among those instigating the killing , said Advocate Rokonuzzaman.
Earlier, police arrested former assistant sub-inspector Amir Ali and constable Sujan Chandra Roy in connection with the killing.
On August 16, Ramjan Ali, brother of Sayed, filed a case against 17 people including the then Inspector General of Police.
Later, police inserted names of former Prime Minister Sheikh Hasina, former road transport minister Obaidul Quader, former home minister Asaduzzaman and Shariful’s in the case.
1 day ago
S Alam loan scam: ACC summons 13 Bangladesh Bank officials
The Anti-Corruption Commission(ACC) on Tuesady summoned 13 officials of Bangladesh Bank over embezzlement of money through sanctioning thousands of crores of taka loan from Islami Bank Bangladesh to S Alam Group and its associates.
Golam Sarwar Chowdhury, owner of M/s Murad Enterprise and United Super Traders, customers of the Jubilee Road branch of Islami Bank, Century Food Products, a customer of the Khatungonj branch, and others embezzled money from the bank in the name of loans.
Inquiry officer and ACC deputy director Yasir Arafat sent a letter to the governor of the central bank asking the 13 officials to appear at the ACC headquarters to give their statement over the allegations.
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ACC asked Bangladesh Bank Inspection Department joint directors Sunirban Barua, Anik Talukder, additional directors Shankar Kanti Ghosh, Salima Begum, deputy directors Md Jubair Hossain and Rubel Chowdhury to appear before it on November 20.
Besides, the commission asked Bangladesh Bank Inspection Department joint director Syed M Arif-un-Nabi, additional directors Mohammad Anwar Hossain, Md Shoayeb Chowdhury, Md Manjur Hossain Khan and Md Abdur Rauf, deputy director Lenin Azad Palash and director Md Sarwar Hossain to appear on November 21.
The commission summoned and interrogated 23 officials of Islami Bank Bangladesh on November 10, 11, and 12 over the same allegation while the ACC started an inquiry into allegations of money laundering against Mohammad Saiful Alam, alias S Alam, the owner of S Alam Group.
1 day ago
HC orders formation of committee to review power deals with Adani Group
The High Court has ordered the authorities concerned to form a high-powered committee to review all the power contracts signed by the Awami League government with India's Adani Group and submit a report within two months.
The HC bench of Justice Farah Mahbub and Justice Debashish Roy Chowdhury passed the order on Tuesday after the hearing of a writ petition filed by Supreme Court lawyer M. Abdul Qaiyum who sought the cancellation or revaluation of the deal, claiming it to be unfair.
It also instructed the submission of all documents related to the power purchase deal between the Power Division and Adani Group within the next month.
The court issued a rule seeking explanation as to why the deal which is critised as unfair and against the country’s interests should not be annulled.
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The court ordered inclusion of internationally renowned energy and legal experts in the high-powered committee to review the deal in detail.
Besides, the court ordered the relevant authorities to form another committee to investigate the process of the agreement’s execution and submit a report to the court.
During the hearing, lawyer M. Abdul Qaiyum, lawyers Mohammad Moniruzzaman, Afrroza Firoz, and Kamrun Mahmud stood for the petitioner.
Earlier, on November 6, Abdul Qaiyum sent a legal notice to the Chairman of the Power Division and the Secretary of the Ministry of Energy, Power and Mineral Resources seeking that the process of amending the agreement begin within three days.
The notice warned that if the issue was not addressed, a writ petition would be filed in the High Court seeking necessary directives.
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After no response to the legal notice, the writ petition was filed, urging the government to revise the terms of the agreement on the grounds of fairness, equity, and national interest. The petition also sought the annulment of the agreement if the Adani Group refused to make the changes.
The government signed a 25-year power purchase agreement (PPA) in November 2017 with Adani Power under an unsolicited offer, to buy electricity from its 1600 MW power plant in Godda of Jharkhand. It started importing electricity from the plant in April 2023.
1 day ago
Former MP and Food Minister advocate Qamrul Islam arrested in Dhaka
Former Member of Parliament for Dhaka-2 constituency and ex-Food Minister Advocate Qamrul Islam was arrested on Monday night (November 18).
The arrest was made by the Detective Branch (DB) of Dhaka Metropolitan Police in Uttara Sector 12, confirmed Additional Police Commissioner Rezaul Karim Mallik.
“Former Food Minister Qamrul Islam has been arrested from Uttara in the capital. He is being brought to the DB office tonight,” said Rezaul Karim Mallik.
2 days ago
Jubo League Leader Nikhil’s associate arrested in attempted murder case
Police have arrested Rakibul Islam, alias Rocky, one of the associates of Jubo League leader Mainul Hossain Nikhil, in connection with the attempted murder of Moinul Islam Turja during the recent anti-discrimination student protests in Mirpur.
Rocky, a member of the Jubo League in Mirpur's Ward No. 14, was apprehended from the Barabagh area of Mirpur at 3:45pm on Monday.
According to police sources, Moinul Islam Turjo participated in the peaceful movement along with many other students and crowds in the anti-discrimination movement.
Supporters of the Awami League and its affiliated organisations allegedly attacked the protesters, opening fire and throwing cocktail bombs. Turja sustained serious injuries, including a gunshot wound to his left arm. He was initially treated at the National Heart Institute before being transferred to the Combined Military Hospital in Dhaka for further treatment.
Later, Turja filed a case at Mirpur Model Police Station on November 12.
Rocky is currently in police custody, following a two-day remand granted by the court.
Efforts are on to apprehend other suspects involved in the attack, sources added.
2 days ago