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Political party banning provision skipped

Cabinet approves draft ICT ordinance allowing trial of disciplined services' personnel

FE REPORT | Thursday, 21 November 2024


A provision for banning political parties missed the all-clear as the council of advisers Wednesday approved a draft ordinance to amend the ICT act to make trial more transparent and international-standard.
According to provisions of the amended law, members of the disciplined forces, intelligence agencies and auxiliary forces can be tried for crime against humanity, said Law Adviser Asif Nazrul while briefing the press.
He was flanked by adviser Mahfuj Alam, labour adviser Asif Mahmud and press secretary to the Chief Adviser Shafiqul Alam, who also spoke on various aspects of the current situation and government actions.
However, the council of advisers of the interim government didn't approve a provision of the ordinance that provides that the ICT may recommend banning an organisation or party for "It would create undue controversy", he said, adding that there are other laws, including the antiterrorism act and the RPO, through which an organisation or party can be outlawed.


Regarding the amendment he said the definition of crime against humanity is revised in line with the Rome Statute and the entire act is modified to ensure transparency and due process of trial.
The ICT law, enacted by the previous government, was under severe criticism at home and abroad as it lacks provisions for fair trial, and the amendment was made to ensure fair trial and rights of the accused.
"The accused will have the equal rights during prosecution and they can appoint foreign counsels," the law adviser said while shedding light on the new provisions.
It will also ensure all-out access of local or foreign observers in the trial proceedings, stated the law teacher-turned law adviser of the post-uprising government.
Responding to a question, he said death sentence is part of the legal culture of the country and the government has no plan to scrap it.
Adviser Asif Mahmud said the government just appointed new head of the police force and new DMP commissioner to bring dynamism in the police administration, as policing lost gear following the August political upheavals.
Former chief of the Special Branch Baharul Alam is made Inspector General of Police and Sheikh Sazzad Hossain Commissioner of the Dhaka Metropolitan Police (DMP).
"More changes in the administration will take place to ensure good governance," he said, evidently in the wake of criticisms over law-and-order situation across the country
Adviser Mahfuj Alam said the present government is very receptive of the demands raised by different sections of people. He urges agitating students to place their demands through proper channel.
Meanwhile, the council of advisers also approved a draft ordinance to repeal a special law, enacted by the previous Awami League government to procure power and energy from the private sector without tender that eventually earned ire for a drain on public exchequer in terms of foreign exchange.
The act, titled 'Quick Enhancement of Electricity and Energy Supply (Special Provision) Act 2010', allowed power purchase from suppliers through bending the rules of the Public Procurement Act (PPA) and the Public Procurement Rules (PPR).
The act was passed with an avowed aim to ensure uninterrupted power supply to different parts of the country at any cost and it opened up floodgates of corruption, resulting in huge loss for the government. The cost of power and energy went up, and the consumers had to pay the expense, critics have said ever since.
According to experts, the quick-rental law forced the government to adopt inefficient methods for producing and supplying energy, and put additional pressure on customers.
The tenure of the special provisions of the law, enacted in 2010, was extended several times. For the last time in September 2021, the cabinet cleared a proposal extending the act for another five years until 2026.
The interim cabinet approved the draft of the other ordinance for amending the ICT Act to make it more compliant with international practices.
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