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Anti-Corruption Commission vs Parliamentary Committee May 4, 2009

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An intriguing debate is going on in Bangladesh as Parliamentary Committee on Public Undertakings summoned past and present acting chairmen and members of the Anti-Corruption Commission(ACC) to come for hearing to the PC to clarify the deeds and accounts of ACC during the period of caretaker government.

None of the members of the ACC agreedto acccept the summon on the plea that PC has no authority on the ACC and ACC is in no way accountable to PC, it is only accountable to the President and they have submitted the Annual Report to the president already.

The chairman and members of the PC argued that Parliament is the supreme authority and everybody/ every department is accountable to the parliament. They also threated the members of ACC that not to appear before the Committee will be tentamount to the comptempt of the Parliament and which may end in jail or fine of the members.

It is not clear whether the said Parlimentary Committee has the authority over Election Commission or Supreme Court to vaify their activites and accounts as these departments are also thrive on the public money.

The experts are divided. Though the ACC is not a constitutional body by rules but it is such by spirit. In no way ACC should be accountable to a committee that is chaired by a ‘convict’. He may has own grievances to call the ACC which had drawn the proccedings for which he was found guily by the High Count and he is now under special bail and staying out of the jail. It is alleged that he may has done this out of malafide intention.

We want the ACC to be strong enough to combat the corruption in our country, to be independent to challenge and charge anybody, not to be accountable to person/s who proved guilty by the court and the members should have a dignified and honourable life.

Most of all , we want to see the ACC to be a constitutional body.

Will the controversy be referred to the Supreme Court for an ultimate decision?

An ordinry citizen

Under the debate of Govt vs ACC(bn)-Mijanur Rahman Khan

Parlimantary Committee Vs ACC-Citizen’s thoughts-(bn) Badiul Alam Majumdar

ACC-the main issue shouldn’t be bypassed(bn)- Maloy Bhoumik

ACC: complains,propaganda and few analysis(bn)- Asif Nazrul

ACC vs Parliamenetary Commisstte(bn)-Sanaullah

Hope for local governments fades away in Bangladesh April 8, 2009

Posted by bdoza in BANGLADESH, GOVERNANCE, JUDICIARY, local government, POLITICS.
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A strong opinion for local governments election was created during the caretaker government. Though the upazilla parishad election could not be completed during the tenure of the caretaker government, but election of 4 city corporations and 11 municipalities was held under EC during the last CTG.

Due to pressure from the political parties, EC had to set the upazilla election on 22nd January, 2009 after the parliamentary election on 29th December, 2008. Amid much speculation, AL led government held the upazilla election as scheduled.

After the election people thought that local governments will be strengthen in Bangladesh after a long time. But when the law is passed, people find the local government ordinance passed by the CTG is molded to such an extent that the power and independence of the upazilla chairman is curtailed and the advice of the MPs has been made mandatory for the upazilla parishads, even the upazilla chairman could not directly contact the government without MPs’ recommendation.

In the parliament, MPs from both the GOP and opposition unanimously supported the move. The Minister for local government himself proposed the truncated law as suggested by the parliamentary committee on the local government.

The upazilla chairmen all over the country criticized the power delegated to the MPs over them. The citizen groups raised their concern and expressed their frustration on the subjugating them to the authority of the MPs. Dr. Shahdin Malik, a Jurist said that the Upazilla law that is enacted by the present parliament is contradictory to the constitution and the amendment in the law will be challenged in the High Court. He argued that the same reason for which a upazilla chairman cannot make law, an MP also can’t hold the executive authority at the upazilla level.

Many urge the government to review the law and to set the law in the true spirit to strengthen the local government in Bangladesh.

A writer and blogger from Philippines came to visit Bangladesh few months back. He commented that there is little difference between the central governments between two countries but the they feel proud for their local governments which are much stronger in Philippines than in Bangladesh.

We also want to see our local governments stronger.

An ordinary citizen

Linked news:

MPs advisory toll to create chaos: Daily Star

Upazilla bill goes against AL manifesto: Daily Star

Resignation of Hasan Mashhud and an Independent Anti-Corruption Commission April 3, 2009

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hasan-mashhudLt General(Rt) Hasan Mashhud has resigned from the post of Chairman of Anti-Corruption Commission. He was appointed during the tenure of last Caretaker Goverment. He took up the job as a mission ‘to remove corruption from Bangladesh politics and Administration’. As a part to achieve his objectives, ACC filed charges against hundreds of politicians,some beaucrates and few businessmen. Many politicians including two Prme Ministers were arrested and put under arrest for months together but most of them came out of the jail on the verdict of the higher courts or with the change of the government.

He also tried to develop awareness against the corruption as a part of social movement for which he travelled different parts of the country and led many processions of students and of common people.

Politicians of both the major parties were critical of treatment of them by ACC during the Caretaker government.

He didn’t directly blame anybody and told in a brief press conference before his leaving the office that a new leadership is necessary for Anti-Corruption Commission in the changed environement.

The State Minister of Law Advocate Kamrul Islam has expressed satisfaction on his resignation. BNP leaders asked to inquire into the corruption of the former ACC Chairman during his tenure. Citizens’ leaders Professor Muzaffar Ahmed and Dr. Akbar Ali Khan expressed concern on his resignation.

Politicians will feel relief with the resignation of the General Mashhud. But many people will remember him as a crusader who tried to contain corruption but failed to succeed for necessary legal, political, administrative and policy support.

With the resignation of General Mashhud, the responsibility of the new goverrnment is rather increased. People want to see an independent Anti-Corruption Commissison working in Bangladesh which is equally important for this government to achieve its goal of vision 2021.

The ordinary citizens would like the government to heed the point and would take necessary steps to make the ACC independent and effective.

An ordinary citizen

Out with the lonely warrior- Daily Star
Who will be affected on Mushhud’s resignation? Motiur Rahman Prothom Alo
But the fighte still remains- Abdullah A dewan, Michigan University

A judge is changing the face of Pakistan March 16, 2009

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Pakistan again came to limelight of the international news with the long march of opposition lead by Nawaj Sharif and others for reinstatement of Chief Justice Iftekhar Muhammed Choudhry.

President Zardari took the matter differently, banned the rally and meetings  and ordered Nawaj Sharif to keep under house arrest. He defied the ban and joined the march towards Islamabad to gherao parliament. Nawaz Sharif complained that Zardari violated the initial agreement where they agreed to reinstate Chief Justice and about 60 other Judges who were overthrown by the Mushaarraf Military Government. Earlier he left the government coalition,the Supreme Court disqualified Nowaz Sharif and his brother Shahbaz, Governor of Panjab to compete in the election.

Chief of Army Kayani intervened in the development and asked Zardari to reinstate Iftekhar to the post of Chief Justice.

At the climax of the event, when people were speculating everything, Gilani, the Prime Minister of Pakistan declared the reinstatement of the former Chief Justice.

Iftekhar Muhammed Choudhry spearheaded the fall of Musharraf in 2008 after he was sacked by Musharraf in 2007 for challenging the president’s irregularities. Musharrf compelled to arrange general election and pave the way for the political government to come to the power. We were observing from then on how stubborn and courageous a man could be that he defies the red eye of a military dictator, who had the blessings of the superpower and whose support USA was counting dearly for its war against terrorism. He took the physical and mental stress to organize the meetings and processions in different streets and towns. Bombs disrupted his meeting and lawyers were killed and injured. He was jailed and put behind the bars. Zardari after taking the power forget to reinstate Iftekhan as Zardari was charged for corruption and he was afraid that Eftekhar may not compromise with a sitting president on the issue of corruption. Newaj Sharif was all along insisting on the pledge to fulfill and ultimately succeeded in his endeavor.

This change may consolidate democracy and uphold justice in Pakistan.

We also appreciate the decision of the resignation of  Minister of Information, who is a memeber of Bhutto family  on the move of the government to restrict the media coverage of the movement.

An ordinary citizen

Tracing the trial of war criminals February 16, 2009

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Law, Justice and Parliamentary Affairs Minister Shafique Ahmed yesterday said trial of war criminals is one of the main election pledges of the government. He hinted that steps would be taken to try the war criminals under the International Crime Tribunal Act-1973.

Jamaat is the biggest enemy of Islam, says Shahtiar Kabir

Prime Minister Sheikh Hasina yesterday sought help of the United Nations in holding trial of the war criminals, saying prosecuting them has become a national demand.

Jatiya Sangshad adopted resolution for trial of war criminals in 29th January 2009.

Leaders of Citizens’ Commissionon Trial of War Criminals called for initiating the trial by forming a special tribunal as per International Crimes (Tribunals) Act 1973.

Govt moves to bar war criminals to flee.

War criminals should be punished even if they belong to Jamaat, BNP and Awami League, Shibir said.

Speakers at a discussion urged the government to form a special tribunal for trial of the war criminals as they said it was a special crime.

The US Assistant Secretary of State for South and Central Asian Affairs Richard A Boucher said the US would not hesitate to provide assistance, if necessary, in trying the war criminals in Bangladesh.

CPB refutes the idea.

Delwar questions the fair trial of the war crimes.

US welcomes the move of the trial of war criminals.

Jamaat plans to say sorry for 1971 political stance, not war crime; sideline controversial leaders; accept trial under UN.

Sector Commanders, intellectuals, lawyers and academicians suggested that the new government form a special tribunall and a commission to try the war criminals and collect evidences of war crimes.

Murder case, not war crimes, being probed against 2 Rajshahi arrestees; govt yet to start war criminal trial process.

Regarding trial of war criminals, Law Minister Shafique Ahmed said the government has enough information, data and proofs about the war crimes.He said the government would take steps to try the war criminals. “A tribunal will be formed after an investigation into the crimes.”
Pakistan envoy said ‘Time is not right to try 1971 war criminals’

Shahriar Kabir, Secretary General of Ghatak Dalal Nirmul Committee said that involvement of UN will make unnecessary delay of the trial.

Govt seeks evidence from Pakistan, US; UN named four experts to help probe

Amnesty International welcomes the UN help in war criimes trial

Process of war crimes trial kicks off 8 April, 2009. UN Resident Representative in Bangladesh Ms Renata said mistakes have been made in trials of war criminals in many countries.

Govt to amend law following Nuremberg Trial

War crimes trial process gets final shape

An ordinary citizen

Judiciary frustrates the Election Commission December 21, 2008

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A chamber judge of the appellate division of Supreme Court has ordered Election Commission to accept nominations of some convicted candidates recently after the final list of candidates were published by the Election Commission.[PA]The candidatures were earlier rejected by the EC as they were convicted for more than 2 years by the special court.

One of such candidates is Lutfuruzzaman Babar, Ex State Minister for Home who was convicted for seventeen years for keeping unathorised weapon in his possession. He has half a dozen more case against him.

The oder of the higher court has made the work of EC difficult.

Chief Election Commissioner in his reaction said that they will have to follow the order of the higher court. But the court has taken them as superman and they could accomodate any instruction at any time and even if it comes on the day of election they will accommodate.
When asked by the journalists whether court does not want election, he replied better to ask the court.[PA]

This court a few days back rejected the appeal of Nazmull Huda on the same ground and the Chief Justice along with two judges of the Supreme Court came to a decision that no more convict or loan defaulters will be allowed to compete in the election as the final list of candidates is published.

Interestingly one of the judges who was in the decision making in the morning later went against his own decision in the evening.[PA]

So far 21 new candidates will have to accommodate newly in the ballot papers. Old ballots of lakhs of Taka have to burn out and new ballot papers are required to publish. The complexity creates tremendous pressure on the EC and they are frantically searching the way out.

When the whole nation is waiting for a fair and free election and EC is trying to make a qualitative change in our system, the higher judiciary frustrates the Election Commission.

Along with the EC, people are also feeling frustrated. The frustration is magnified as the non-cooperation is coming, otherwise, from the seat of confidence. Here lies the agony of the common people.

An ordinary citizen

Mumbai carnage, Islamic terrorism & Bangladesh December 10, 2008

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World witnessed the Mumbai carnage with horror few days back which left about 200 dead and 300 wounded. It also shattered a nation, battered the relation of two countries and make the world leaders a little nervous with dimension of terrorism in the coming future.

It is blamed that Pakistan terrorist groups are directly linked with the terrorist act. India is blaming Pakistan for patronizing the terrorist, though Pakistan denies the accusation.
Though Bangladesh is not officially blamed for any link with the act, Bangladesh is also feeling the heat of the carnage. With the spilling of terrorist act to Pakistan and then to India, Bangladesh is not far away the site of carnage.

Bangladesh is not immune from the terrorist activities. In the near past, an Islamic militant group Jamiatul Mujahedin Bangladesh (JMB) made an all out effort to demonstrate their presence by blasting bombs in all over the country at a time. In the following months people of Bangladesh witnessed the bombings in the courts, killing of judges and innocent people. After months of panicky situation,many of the JMB leaders were arrested, tried in the court and given death penalty. The penalty was materialized during the tenure of the caretaker government and people felt temporary relief.

But the proponents of JMB are still there, many young people because of lack of understanding of true Islam,confused militancy as a means of achieving their ideological goal. It is found that JMB started their activities long before and was associated with major political killings in Bangladesh.

It is learnt that some of militants have participated in the Afgan war against Russia where they develop the instinct for militancy and later they grouped together to exercise the tactics in Bangladesh. It is said that JMB is more a home grown group and virtually had no contact with Al-Queda.

But it is not certain that they have been abolished and they will remain not so virulent in their attack in future. Sporadic news of their activities and arrests are still continuing.

Interestingly, a group of JMB minded Afgan mujahedin wanted to float a political party in Bangladesh in the backdrop of general election when the Election Commission invite applications for registration of the political parties. The appeal was protested from different corners and EC ultimately refused to recognize the party. But I am not sure whether it is better to allow a militant group to keep it activities open and work as political party.

A disturbing development is the breaking down of the sculpture in front of Bangladesh Airlines office in Dilkhusha, Dhaka immediately after the Mumbai massacre by some fanatics who rather advocating in favour of their wrongdoing even after arrest. With general election very close at the end of December 2008, government is also speculating nasty misdeeds by religious fanatics.

The best safeguard against the militancy is the people. The reason that the militancy so far didn’t get the root in the soil of Bangladesh is because people didn’t support and nourish it.

People will need to be kept aware and their participation will be needed to be ensured in the future also against the terrorism.

Understanding the rise of Islamic militancy in Bangladesh needs a thorough study and one can’t depend on sporadic reports of the print and electronic media to understand the philosophy and strategy of the groups. To fulfill the need on long term basis Bangladesh should have an Institute for security and strategic policy under the Ministry of Defense.

More attention should be given to make the Madrasha education modernized, practical, employment worthy,transparent and in communication with mainstream education.

And people and government must be vigilant against any suspicious activities regarding Islamic terrorism.

An ordinary citizen

Loan defaulters, High Court and Bangladesh Election December 7, 2008

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Bangladesh is going to have the next general election on 29th December 2008. After many dramatic turns all the parties came to their good sense and agreed to participate in the election.Though BNP and its alliance has given 3 preconditions, but it seems that BNP will not withdraw from the race against the tide generated for the election, if the preconditions are not fully fulfilled.

All the parties filed their nomination including the independent aspirants. On the instruction of the Election Commission, Bangladesh Bank supplied the name of the loan defaulters. Nomination papers have been scrutinized by the returning officer and many nominations were canceled on the ground of loan default, bill default, discrepancy of information etc, But many loan defaulters managed to get the stay order on the declaration of the Bangladesh Bank and managed to stand for the election.
This bypassing of the law frustrated the Election Commission, the Finance Adviser, citizens groups and the general people as well.

The issue seems clumsy to the ordinary citizen. Who deserve the right to declare one loan defaulter?
It would have been better if Bangladesh Bank be the ultimate authority in this regard atleast for the election.

Hope that the Election Commission and the government will review the matter in the next election.

An ordinary citizen

Judiciary couldn’t live upto the expectation of the people in Bangladesh November 9, 2008

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Judiciary was separated from the executive under the caretaker government just over an year after the many years of endevour by the people.

The past political governments didn’t fulfill the pledge of separating the judiciary though they were pledging separation since long.

The separation was also vehemently opposed by Administration cadre of Bangladesh. Ultimately it was separated by the present caretaker government.

People hoped that with the separation of judiciary, it will act independently and will uphold the rule of law. But the people’s expectation was not fulfilled.

It was seen that the long hand of the administration on the judiciary was not over. Political cases including cases of corruption were not dealt unbiased. Bails were given or rejected, the reasons were not clear to the public as well as to experts as well.

To the government, a political compromise becomes more important than the rule of law and punishment of the corrupts and criminals.

It seems that the intention of the government is also imposed on the judiciary.
People are not sure when they will get a judiciary, not only separated but also independent.
The image and independence of the judiciary now absolutely depends on the judges themselves. How perfectly they could uphold the justice and how they could keep themselves above the greed and temptation will determine the image of the judiciary in future.

I liked the idea of the past Chief Justice Mr. Ruhul Amin when he was advocating the dignity and the prestige of the judges in meetings and seminars. Communication with the people is also important. It sometimes clears the confusion in the minds of the ordinary citizens.

The present Chief Justice may also come forward and take the opportunity through different seminars and meetings to communicate with the people.

An ordinary citizen

Post script:
A report on Judiciary [PA]

Case against the above report was filed in the High Court [PA]

Election Commission declared schedule for general election in Bangladesh November 2, 2008

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Proving different speculations wrong, Election Commission in Bangladesh declared the schedule for general election to be held on 18th December 2008.

People were in confusion regarding the holding of the general election by 2008. The confusion were magnified by the criticism of the major political parties. The confusion were deepened with the delay in declaration of the judgment by the High Court on the writ petition on the re-demarcation of the constituencies.

But as the High Court uphold the the re-demarcation of the EC and as it also rejected the appeals against the judgment, the Chief Election Commission in a televised program declared the election schedule for the general election.
The CEC has also given schedule of the Upazilla Election to be held on 28 December 2008.

AL in its immediate reaction said that it is accepting the schedule and though they have some reservation regarding the upazilla election, they will participate in the election.

On the part of BNP and its allied parties,no official decision has yet come. BNP is insisting on the withdrawal of emergency and delaying the upazilla election. As their demands are not yet fulfilled and probably there is a complexity regarding the registration of an allied party, now confusion arises about the participation of BNP in the general election.

People are expecting that all the major political parties including BNP will participate in the elections and help the country through its journey to a real and stable democracy.

An ordinary citizen

October 28, 2006 – unresolved questions October 29, 2008

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October 28, 2006 is one of blackest day in the history of Bangladesh. On this day political rivals clashes on the streets of the capital that led to the killing of 7 innocent young life. No one could imagine the death of any son of the soil in such ugliest form of political rivalry.

The rivalry spilled to the districts and rural areas of Bangladesh which actually reached to the climax with the removal of the immediate past caretaker government. 

The people expected that a thorough inquiry of the incident with such a political consequence would be inquired properly. But the Caretaker Government couldn’t progress much in the line of inquiry.

This government has initiated that many judicial issues in relation to corruption and beyond corruption but it miserably fails to inquire into an event which happened just immediately before their coming.

The ordinary citizen feels that the inquiry and judgment on the issue was necessary to understand the internal mechanism of the event, to identify the persons involved and to prevent the repetition of the the same event.

The ordinary citizen is also feeling worried seeing some of the signs which indicate the possibility of resurgence of the same instincts which may jeopardize again the political system of our country.

An ordinary citizen

Let the constitutional bodies work autonomously and independently October 23, 2008

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Bangladesh is passing through a very critical transitional phase.Apparently Caretaker Government and political parties are trying to making grounds to participate in a parliamentary election on a common consensus.

In an attempt to making a level playing field, the course of law sometimes seems to be molded to suit the plan of the negotiators. In a recent interview, Dr. Kamal Hussain, eminent lawyer & politician, commented that for a free and fair election, one must uphold the constitution and the law.

In addition to the separation of the Justice Department, the CTG also make reforms in some other constitutional bodies such as ACC, PSC. Now, what is important is to let these bodies continue to work independently now and in the coming years through the tenure of the different political parties.

A consensus is important among the political parties in these regard before the election and the dialogue among the parties better be represented by the chief of the parties.

An ordinary citizen

‘Anti-Corruption Commission is in image crisis’ September 2, 2008

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Lt General(Rt) Hasan Masud,Chairman of the Anti-corruption Commission, Bangladesh said in a discussion meeting yesterday that with the release of the high profile accused on bail from High Court created an image crisis for the Anti-corruption Commission (ACC) that is fighting for a corruption free state in Bangladesh since 1/11.

But he said that the accused are gaining bail not due to weakness of the case itself rather they are getting bail through the legal process. He said by the same process they won 70-80 cases before from the Supreme Court.

He is not feeling discouaged with the fall back and ready to fight the cases in the higher court. Bail was never important to them , he added.

He hopes that they will able to establish the cases in their favour in the final judgement.

But from the political scenario, it seems that a political compromise is undergoing in Bangaldesh between the Government and the political parties. This compromise is advancing to such an stage that it seems to affect the judicial procedure.

Common people are ignorant of the developments behind the screen and an uncertainity about the judcial proceedings grip their mind.

An ordinary citizen

Post Script:

Mizanur Rahman Khan, a veteran journalist made a discourse on a case in Prothom Alo [PA]

Local body elections: High court is in favour of political campaign August 1, 2008

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Bangladesh High Court in a judgment yesterday allows the candidates the use their political affiliations in the local government election.[DS]
The judgment goes against the Election Commission who bars the candidates to use their political identity.
The judgment also will frustrate the citizens group who like to see the local government elections to be non-political in character.
On the other hand. the politicians expressed their rejoice on the judgment saying it is the recognition of the politician against some quarters attempt to depoliticisation of the local government from the mainstream politics.

The High Court however allows election of the 4 city corporations and 9 municipal bodies to be held as sheduled.

The Election Commission accepted the verdict for the time being and will complete already scheduled city corporations elections, then they will make necessary amendments in laws to make the local government elections non-political.[DS]

An ordinary citizen

TIB fails to appreciate the ongoing drive against corruption in Bangladesh June 19, 2008

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Despite common expectations, graft increases in Bangladesh under ongoing drive by the caretaker government,said TIB (Transparency International Bangladesh) in its latest report.[DS][PA]
Some of the sectors are more affected than the others like police, rapid action battalion, joint forces and land administration.
In terms of magnitude, law enforcing agencies including the joint forces, police and Rapid Action Battalion (Rab) were found to be the most corrupt while land administration was found the most corrupt in terms of the amount of bribe that went into any sector, according to the National Household Survey on Corruption 2007. (more…)

‘GATCO case is politically motivated’ May 18, 2008

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I was reading an article in Prothom Alo written by Asif Nazrul, a professor of Dhaka University, Law Department where he said that Govt took very hard stand for the trial of the corruption cases. He accused that the measures taken by the government violates the human rights. (more…)

‘Understanding’ the ‘strategies’ of the present political forces in Bangladesh May 17, 2008

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The political parties didn’t respond to the address of the Chief Adviser(CA) of the caretaker Government(CTG) Dr. Fakhruddin Ali A as was expected by the people and the intelligentsia. It is become difficult for the ordinary citizen to understand the inner thinking of the political leaders by his limited information and knowledge. (more…)

Judicial Inquiry Committee publishes its report on Dhaka University violence April 6, 2008

Posted by bdoza in BANGLADESH, Dhaka University, EDUCATION, GOVERNANCE, JUDICIARY, POLITICS, University.
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The report of the Judicial Inquiry Committee has been published which was the demand of the many over the last months after the committee completed its inquiry on the Dhaka University violence of August 2007.

The Committee suggested for reviewing the student and teachers politics in the 1973 DU ordinance. It also suggested to revise or to remove the 1976 regulation to stop the blind following of the political parties by the student organizations in the campus. (more…)

Draft for ‘Truth Commission’ , critics and comments March 31, 2008

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News link:

Draft for the truth commission is prepared http://www.thedailystar.net/story.php?nid=29876

Ex PMs are not fit for truth commission


No mercy scope if jailed for 2 years or more



Shahdin Malik, Advocate of the Supreme Court in an article in Prothom Alo on 3/04/08 said that the truth commission is not in accordance of the Constitution. He opined that if it is allowed, then many corrupt people will be exempted from actual punishment.

But considering the reality of Bangladesh, we believe that truth Commission will help a lot to combat corruption in Bangladesh and many constitution experts will not agree with his assumption.


A fairy tale of a queen and her sickness March 12, 2008

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She is like a queen. People adore her. Not long before, she reigned the country for 5 years. People were more or less happy during her reign. At least there was no scarcity of food and other essentials during her period. But as the time changes, she lost her throne. But she didn’t loss her patience. She kept continuing her fighting. But when there was glimpses of win, a catastrophe falls on the country. Everything changed. Some new people took over the charge of the country. (more…)