January 14, 2007

Who is controlling the judiciary?

Bangladesh High Court Sunday ordered the government in a ruling not to arrest or harass businessman Giasuddin Al Mamun and his wife Shahina Yasmin in defiance of the criminal procedure code. Giasuddin Al Mamun was being hunted by the police since 11th of January as a part of their crackdown against corrupt businessmen and politicians.

A HC bench comprising Justice Syed Mohammad Dastgir Hossain and Justice Mamunur Rahman also asked the home secretary and three others to explain why searching his office and home and arresting him without warrant would not be declared unlawful. Giasuddin AL Mamun, a close friend of BNP chairperson’s eldest son Tarique Rahman, is the managing director of One Group, a business conglomerate.

Now the controversy starts as a few days ago the same court presided over by the above two judges had informed all the lawyers in open court that they were not going to hear any writ petitions that dealt with fundamental rights.

And according to the newly enacted emergency ordinance:

No question on the legality of orders to be proclaimed under the authority of this ordinance can be raised in any court.

No civil or criminal case can be lodged against any person in the civil or criminal court, who will act on good faith under any rule or order of the ordinance.

So why this exception was made for Mr. Giasuddin Al Mamun? A commenter in the Drishtipat blog explains:

Barrister Omar Sadat is running from Jessore on BNP ticket, and is married to Shahjan Shiraj’s daughter. Omar Sadat’s brother-in-law (sister’s husband) has partnership in many major businesses with Tarique Rahman. So, yes, he has reasons to see Mamun free of troubles.

If these are true then it is really sad to see nepotism among the honorable judges. So far after declaration of the state of emergency the government won the praise of the people by taking different steps especially by the crackdown on corrupt politicians and businessmen. I hope they will also look at these issues and take necessary steps to uphold justice equal to everybody and be more credible to the people.

Ps: Dr. Kamal Hossain and Rokanuddin filed similar writ pitition (as the one filed for Mamun) for the Proshika and ADAB official arreted in the last couple of days as to why their arrest would not be considered illegal. Rulings are yet to be awarded. source: Manab Jamin via Drishtipat.


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