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Messages - Johir Uddin

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Law / Chief Justice considering virtual hearing of urgent cases
« on: April 26, 2020, 06:28:19 PM »
"Chief Justice Syed Mahmud Hossain has extended the closure of all courts across the country till May 5 to contain the spread of coronavirus."

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Law / Re: Brokers to be made accountable for safe migration
« on: February 25, 2020, 06:38:03 PM »
Saleh Sir, thanks a lot.

Law / Re: Brokers to be made accountable for safe migration
« on: February 25, 2020, 06:37:37 PM »
Shajib Sir, you are welcome.

Law / Re: Daffodil Constitution Day Quiz Contest 2019
« on: February 25, 2020, 06:36:46 PM »
Thanks a lot. It all depends on the help I will get from you.

Law / Re: Economics of Education (Video)
« on: February 25, 2020, 06:34:44 PM »
You are welcome.

You are welcome.

Law / Constitutional mandates and court directives must be complied with
« on: February 25, 2020, 06:33:15 PM »
The Supreme Court's second directive to update the local government bodies is also important in that it would help correct some serious technical flaws in the existing statutes on local government. The technical flaws arose due to the passage of the Twelfth Amendment of the Constitution in 1991. It may be recalled that Articles 59, 60 and the last part of 11 were deleted in 1975 by the Fourth Amendment of the Constitution, creating a total constitutional vacuum with respect to local government. The Paurashava Ordinance, 1977 and The Union Parishad Ordinance, 1983 were enacted in the backdrop of such a vacuum. In the absence of constitutional mandates, these two laws made Paurashavas and Union Parishads as bodies totally subservient to national authorities. For example, the Paurashava and Union Parishad laws allowed the government officials to directly supervise, direct and control the local bodies. They were even given the authorities to cancel these bodies and suspend the elected representatives. More seriously, the laws designated elected representatives as "public servants," allowing the higher level public servants, i.e., government officials to impose unnecessary, unreasonable and unjust control over the latter's activities. The Twelfth Amendment of the Constitution which restored Articles 59 and 60, requiring an autonomous system of local government clearly made the above laws unconstitutional. This obviously required the laws to be amended and updated, and the Supreme Court rightly directed the government to do so.

It must be pointed out that The Upazila Parishad Act, 1998 and The Zila Parishad Act 2000 followed the other two statutes in making the elected bodies subservient to government officials, and similarly violated the Constitution. The Upazila Parishad Act, however, has an additional serious flaw. Section 25 of the said Act requires the Upazila Parishad to accept the advice of the local MP. This turns legislators into executives, which is a violation of the principles of separation powers and a clear assault on the Constitution.

Can the government justifiably ignore the Supreme Court directives? An Indian Supreme Court judgement may be pertinent in this regard. In PUCL and another Vs Union of India, the Court directed the Election Commission to collect from candidates in national and state elections sensitive information about their criminal antecedents, assets and liabilities and their educational qualifications, and help disseminate them among the public. The NDA government, with support from all other political parties, rejected the Supreme Court decision and decided to undo it through legislation. In response, the Court unequivocally stated that the "Legislature in this country has no power to ask the instrumentality of the State to disobey or disregard the decisions given by the Courts." It thus appears that the government has no alternative but to hold the Upazila and Zila Parishad elections without any further delays and also amend the laws, as directed by the Court.

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Law / A man of judicial excellence
« on: February 25, 2020, 06:30:51 PM »
Following a long-fought jurisprudential battle and a series of initial attempts, public interest litigation in Bangladesh was formally accepted in 1996 in Dr. Mohiuddin Farooque v Bangladesh (1997) 49 DLR (AD) 1,  where Justice M. Kamal held that “[W]hen a public injury or public wrong or an infraction of a fundamental rights affecting an indeterminate number of people is involved, any member of the public, being a citizen, or an indigenous association, espousing the public cause, has the right to invoke the Court's jurisdiction”.

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Law / Re: Road safety as a consumer right
« on: February 25, 2020, 06:29:00 PM »
You are welcome.

Forty-four percent women of the ethnic minority communities in the Chittagong Hill Tracts (CHT) have experienced violence at home at least once in their lifetime, a survey by Manusher Jonno Foundation (MJF) has revealed.

Of them, 33 percent faced physical violence, 38 percent experienced mental torture, 19 percent went through economic oppression while 5 percent faced sexual violence, according to the study revealed at Dhaka’s Brac Centre today.

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Law / Road safety as a consumer right
« on: February 04, 2020, 03:14:59 PM »
"Road safety can fairly be viewed as a consumer right within the purview of the Consumers’ Rights Protection Act 2009 and this perspective can help fight many irregularities well ahead of any untoward occurrence. If the passengers know that road safety is their consumer right in exchange for the fare they pay to get transport service, they can work collectively to minimise the road hazards. The Consumers’ Rights Protection Act 2009 defined, inter alia, a recipient of any service, if availed for a consideration, as a consumer [Section 19(d)]. According to this definition, not only goods and medicines but also services paid for, render a person as a consumer. From this context, every passenger on roads, air or waterways is a consumer and is entitled to every right provided by the said Act."

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Thanks for sharing this.

Thanks a lot for sharing it.

Thank you so much for sharing it.

Thanks a lot for sharing it.

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