HC issues rule on EC, govt
Wednesday, 16 July 2008
The High Court (HC) issued a two-pronged rule Tuesday asking the Election Commission (EC) and the government to explain why the August 4 polls before publication of final voters' list should not be declared unlawful.
The EC on June 20 announced that elections for four city corporations and nine municipalities would be held on August 4.
The HC also asked the EC and the government to show cause why the provision under the Local Government (City Corporation) Ordinance 2008 and the Local Government (Municipality) Ordinance 2008 barring political party executives from contesting the local-body elections should not be declared illegal.
A Division Bench comprising Justice M Imman Ali and Justice M Emdadul Huq issued the rules responding to public-interest litigation (PIL) writ filed by Advocate Jasim Uddin Sarker, a leader of Dhaka city Jamaat-e-Islami, reports UNB.
The writ was filed on July 6.
"The rules are made returnable in eight days," states the court order.
The petitioner also challenged the legality of the two ordinances promulgated by the interim government for holding the local-government elections.
On May 14, the government issued gazette notifications promulgating the Local Government (City Corporation) Ordinance 2008 and the Local The Anti-corruption Commission (ACC) lodged the case on September 2 last year with Tejgoan thana in the city against Khaleda Zia, her son Arafat Rahman Koko and 11 others.
After investigation, the ACC submitted charge sheet against 24 persons including the 13 FIR named accused.
The charge sheet said the accused in connivance with each other gave the contract of container handling at Chittagong Port and Kamalapur ICD in Dhaka to the "inexperienced and incompetent" Global Argo-Trade Company Limited (GATCO) violating the biding rules. It said the action caused a loss of Tk 145.6 million to the state.
Khaleda Zia and her younger son were arrested on September 3 last year in connection with the case.
Meanwhile, another report adds: the Anti-corruption Commission (ACC) Tuesday had no luck with its appeal to a Supreme Court (SC) chamber judge to halt a High Court (HC) stay order on the proceedings of the Niko graft case against former premier Khaleda Zia and others, reports bdnews24.com.
Justice Md Abdul Matin told the ACC to seek leave to file a regular appeal from an Appellate Division bench.
The ACC appealed to the chamber judge to halt on the order Monday, after the HC stayed the proceedings of the Niko case proceedings for two months on July 9.
Lawyer for the ACC Khurshid Alam Khan told reporters that the chamber judge's court did not accept the commission's appeal for a halt on the HC order. "The judge asked the ACC to file a regular leave to appeal instead."
One of Khaleda Zia's lawyers Kaiser Kamal, however, claimed: "The Appellate Division chamber judge had directly rejected the ACC appeal."
"Following the chamber judge's ruling the HC order prevails. Proceedings of the Niko corruption case filed against Khaleda Zia will remain suspended for two months," Kaiser Kamal said.
The anti-graft body filed the case on Dec 9 against five people, including Khaleda Zia, accusing them of causing Tk 100 billion in losses to the state by signing oil-gas exploration agreements with Canadian company Niko. The ACC later pressed charges, on May 5, against 11 persons in all, upping the alleged losses to Tk 137.77 billion.
The EC on June 20 announced that elections for four city corporations and nine municipalities would be held on August 4.
The HC also asked the EC and the government to show cause why the provision under the Local Government (City Corporation) Ordinance 2008 and the Local Government (Municipality) Ordinance 2008 barring political party executives from contesting the local-body elections should not be declared illegal.
A Division Bench comprising Justice M Imman Ali and Justice M Emdadul Huq issued the rules responding to public-interest litigation (PIL) writ filed by Advocate Jasim Uddin Sarker, a leader of Dhaka city Jamaat-e-Islami, reports UNB.
The writ was filed on July 6.
"The rules are made returnable in eight days," states the court order.
The petitioner also challenged the legality of the two ordinances promulgated by the interim government for holding the local-government elections.
On May 14, the government issued gazette notifications promulgating the Local Government (City Corporation) Ordinance 2008 and the Local The Anti-corruption Commission (ACC) lodged the case on September 2 last year with Tejgoan thana in the city against Khaleda Zia, her son Arafat Rahman Koko and 11 others.
After investigation, the ACC submitted charge sheet against 24 persons including the 13 FIR named accused.
The charge sheet said the accused in connivance with each other gave the contract of container handling at Chittagong Port and Kamalapur ICD in Dhaka to the "inexperienced and incompetent" Global Argo-Trade Company Limited (GATCO) violating the biding rules. It said the action caused a loss of Tk 145.6 million to the state.
Khaleda Zia and her younger son were arrested on September 3 last year in connection with the case.
Meanwhile, another report adds: the Anti-corruption Commission (ACC) Tuesday had no luck with its appeal to a Supreme Court (SC) chamber judge to halt a High Court (HC) stay order on the proceedings of the Niko graft case against former premier Khaleda Zia and others, reports bdnews24.com.
Justice Md Abdul Matin told the ACC to seek leave to file a regular appeal from an Appellate Division bench.
The ACC appealed to the chamber judge to halt on the order Monday, after the HC stayed the proceedings of the Niko case proceedings for two months on July 9.
Lawyer for the ACC Khurshid Alam Khan told reporters that the chamber judge's court did not accept the commission's appeal for a halt on the HC order. "The judge asked the ACC to file a regular leave to appeal instead."
One of Khaleda Zia's lawyers Kaiser Kamal, however, claimed: "The Appellate Division chamber judge had directly rejected the ACC appeal."
"Following the chamber judge's ruling the HC order prevails. Proceedings of the Niko corruption case filed against Khaleda Zia will remain suspended for two months," Kaiser Kamal said.
The anti-graft body filed the case on Dec 9 against five people, including Khaleda Zia, accusing them of causing Tk 100 billion in losses to the state by signing oil-gas exploration agreements with Canadian company Niko. The ACC later pressed charges, on May 5, against 11 persons in all, upping the alleged losses to Tk 137.77 billion.