Law
A constitutional counter-revolution unfolded after such a significant mass uprising
Poet and thinker Farhad Mazhar delivered a speech at a discussion titled "Post-Uprising Constitution Debate: Searching for Sources and Destinations," on September 23, held at the Abdul Karim Sahitya Bisharad Auditorium in the Bangla Academy. A transcript of his address has been published for the readers of Views Bangladesh, with the first part of the discussion appearing today.
Corruption, bribery free environment hampers SC activities
After the quick-fire collapse of Sheikh Hasina's Awami League regime, reformation is going on in every institutions and sectors around the country. The Supreme Court isn’t behind as well. All the judges who were in the Appellate Division during the Awami League led government, including the Chief Justice, have resigned. 7 more judges have been appointed in the Appellate Division along with new Chief Justice. With this radical change, the image of each section of the Supreme Court has also changed. The employees of each and every section are always concerned to avoid any untoward situation. As a result, bribery and corruption at Supreme Court has largely disappeared. Thus, processes of preparing cases has decreased at an alarming rate.
Shirin Sharmin still holds JS Speaker post as none takes over the role: Experts
After Sheikh Hasina left the country on August 5, one after another murder cases are being filed against her across the country. The President then dissolved the Parliament. But according to the constitution, the Speaker of the National Parliament Shirin Sharmin Choudhury remained in office. But a murder case was file against Shirin Sharmin and 17 other people over killing of gold worker Muslim Uddin, 38, on August 27 in Rangpur. Later, Speaker Shirin Sharmin Choudhury resigned on September 2. Constitutional experts informed that according to the current constitution of Bangladesh, Shirin Sharmin Choudhury will be deemed to hold the post of Speaker until someone new takes over. There is no opportunity in the constitution to elect the Speaker without fresh elections. However, if the constitution is not followed or if the current constitution is repealed or suspended, that is a different matter.
Cases piling up as Judge’s post lying vacant
The current interim government has taken the initiative to move to the International Crimes Tribunal to take action against those involved in killings during the recent mass student protests against Sheikh Hasina’s Awami League government over a controversial job quota system. The protests turned violent after the ruling party’s student wing attacked protesters, plunging the country into chaos and forcing Hasina to flee. In this regard several cases are being filed in the tribunal. However, the trial work of the International Crimes Tribunal which was established on March 25, 2010 for the trial of crimes against humanity is now completely closed. There is no Jude currently at the International Crimes Tribunal.
Keep politics on the street, not in the court
After the fall of an authoritarian regime through a mass uprising, an interim government has taken charge. There is no reason to believe that this government will engage in the politics of vengeance, as it is committed to ensuring citizens' civil and political rights, with political parties being a vital platform for achieving this.
Is July genocide trial possible at International Crimes Tribunal?
Adviser on Law, Justice and Parliamentary Affairs Dr Asif Nazrul said on Wednesday (August 14) that those responsible for July genocide, shooting students to death during the quota reform movement, could be prosecuted at the International Crimes Tribunal (ICT).
Interim government can be formed following existing rules
Following the mass uprising, Prime Minister Sheikh Hasina has resigned from her position in accordance with Article 57 of the Constitution. With the prime minister's resignation, it is assumed that all members of her cabinet have also resigned. Subsequently, President Md. Shahabuddin dissolved the 12th National Parliament last Tuesday. Therefore, the country currently has no government. An interim government is now expected to be formed, and it is heard that Nobel laureate Dr. Muhammad Yunus has already been nominated as its head. This new government is set to be formed under his leadership.
Trial drags on as all accused except Sohel Rana out on bail
Even though 11 years have passed since the collapse of Rana Plaza in Savar, the trial of the murder case in this incident has not been completed till now. In addition, all the accused except building owner Sohel Rana are out of jail on bail. Moreover, the trial of the case filed under the Building Construction Rules Act for alleged defects in the construction of the building has not seen much progress.
Sexual Harassment of Women Persists
Women continue to face sexual harassment on a daily basis at education institutions and workplaces. Bangladesh National Women Lawyers Association (BNWLA) conducted a survey which revealed that currently, 71 percent of educational institutions and 39 percent of workplaces have sexual harassment prevention committees. However, only 44 percent of these committees are effective in addressing the issue. This indicates that the instructions provided by the High Court to prevent sexual abuse and harassment of women are not being properly implemented.
Overwhelmed judiciary grapples with 42 lakh case backlog
In a country grappling with an overwhelming caseload, new cases are filed daily in all courts, contributing to an incessant burden of litigation. As a result, there is hardly any reduction in the backlog of cases. Presently, the Supreme Court and various lower courts are handling more than 42 lakh cases. Legal experts have commented that the prolonged nature of cases, unwarranted lawsuits, and the ongoing COVID-19 pandemic have disrupted judicial proceedings for the last two years.
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