Garments piece is indirect instrument but direct one expected in time.
Banning any party isn't best way: British Foreign Office Minister
- Thread starter idune
- Start date
Garments piece is indirect instrument but direct one expected in time.
Fate of Jamaat sealed!
Jurists give opinion on implication of amended ICT law
Jamaat may face different stringent actions, including a total ban, under the amended ICT law if a case is filed against the embattled party for allegedly committing crimes against humanity during the 1971 Bangladesh liberation war.
The amendment to the act passed by parliament Sunday provides for trial and punishment of organisations as well as individuals for committing crimes against humanity.
In the meantime, all the individuals in the top leadership of the party have been facing trial on the same charges of crime.
This correspondent sought opinions of some jurists as to what punishment may be awarded to organisations like Jamaat-e-Islami for its alleged involvement in crimes against humanity in 1971.
Barrister Rafiq-ul Haque said if a case is filed against Jamaat, it will not be possible for the International Crimes Tribunal (ICT) to award death sentence or any imprisonment to the party being an object, not a person.
He said the tribunal would be able to either ban the party or punish its office bearers.
As the top Jamaat leaders are, incidentally, facing trial on charges of their personal involvement in war crimes and may be liable to punishment, the other office bearers who were somehow connected with the said party during the liberation war may be punished, he added.
About retrospective effect, he said Article 47A of the constitution has allowed backdated operation of law.
The Article 47A (1) says the rights guaranteed under article 31, clauses (1) and (3) of article 35 and article 44 shall not apply to any person to whom a law specified in clause (3) of article 47 applies.
(2) says notwithstanding anything contained in this Constitution, no person to whom a law specified in clause (3) of article 47 applies shall have the right to move the Supreme Court for any of the remedies under this Constitution.
This means that Article 47A has abrogated the rights of the accused person as mentioned in Article 35 of the constitution.
Article 35 (1) reads: No person shall be convicted of any offence except for violation of a law in force at the time of the commission of the act charged as an offence, nor be subjected to a penalty greater than, or different from, that which might have been inflicted under the law in force at the time of the commission of the offence.
Dr Shahdeen Malik said the possible punishments for Jamaat, if tried for war crimes, may be banning of the party, confiscation of its property and imposition of fines on it.
He differed with the view that the office bearers other than those facing trial may be punished. About a traditional clause in any partys constitution that the office bearers will be responsible for its activities, he said Such clause speaks about work and duties of the person but not his liability in case of any offence committed by the party.
Dr M Zahir said the definition of party will determine whether the party itself will be punished or its office bearers.
I am yet to see the amended act. So, I am not sure of how party has been defined there.
Law Minister Barrister Shafique Ahmed said the International Crimes Tribunal prosecutors will be able to clarify the issue.
Chief Prosecutor of the ICT Golam Arif Tipu said a party, if accused of war crimes, may be banned or its activities restricted.
He, however, also expressed his ignorance of the issue as he was yet to see the law.
daily sun | First Page | Fate of Jamaat sealed!
Jurists give opinion on implication of amended ICT law
Jamaat may face different stringent actions, including a total ban, under the amended ICT law if a case is filed against the embattled party for allegedly committing crimes against humanity during the 1971 Bangladesh liberation war.
The amendment to the act passed by parliament Sunday provides for trial and punishment of organisations as well as individuals for committing crimes against humanity.
In the meantime, all the individuals in the top leadership of the party have been facing trial on the same charges of crime.
This correspondent sought opinions of some jurists as to what punishment may be awarded to organisations like Jamaat-e-Islami for its alleged involvement in crimes against humanity in 1971.
Barrister Rafiq-ul Haque said if a case is filed against Jamaat, it will not be possible for the International Crimes Tribunal (ICT) to award death sentence or any imprisonment to the party being an object, not a person.
He said the tribunal would be able to either ban the party or punish its office bearers.
As the top Jamaat leaders are, incidentally, facing trial on charges of their personal involvement in war crimes and may be liable to punishment, the other office bearers who were somehow connected with the said party during the liberation war may be punished, he added.
About retrospective effect, he said Article 47A of the constitution has allowed backdated operation of law.
The Article 47A (1) says the rights guaranteed under article 31, clauses (1) and (3) of article 35 and article 44 shall not apply to any person to whom a law specified in clause (3) of article 47 applies.
(2) says notwithstanding anything contained in this Constitution, no person to whom a law specified in clause (3) of article 47 applies shall have the right to move the Supreme Court for any of the remedies under this Constitution.
This means that Article 47A has abrogated the rights of the accused person as mentioned in Article 35 of the constitution.
Article 35 (1) reads: No person shall be convicted of any offence except for violation of a law in force at the time of the commission of the act charged as an offence, nor be subjected to a penalty greater than, or different from, that which might have been inflicted under the law in force at the time of the commission of the offence.
Dr Shahdeen Malik said the possible punishments for Jamaat, if tried for war crimes, may be banning of the party, confiscation of its property and imposition of fines on it.
He differed with the view that the office bearers other than those facing trial may be punished. About a traditional clause in any partys constitution that the office bearers will be responsible for its activities, he said Such clause speaks about work and duties of the person but not his liability in case of any offence committed by the party.
Dr M Zahir said the definition of party will determine whether the party itself will be punished or its office bearers.
I am yet to see the amended act. So, I am not sure of how party has been defined there.
Law Minister Barrister Shafique Ahmed said the International Crimes Tribunal prosecutors will be able to clarify the issue.
Chief Prosecutor of the ICT Golam Arif Tipu said a party, if accused of war crimes, may be banned or its activities restricted.
He, however, also expressed his ignorance of the issue as he was yet to see the law.
daily sun | First Page | Fate of Jamaat sealed!
^-----------no it is not
Those are desperate vapor from lawyers looking to make money from lawsuits.
scholseys
SENIOR MEMBER
- Joined
- Dec 28, 2011
- Messages
- 6,429
- Reaction score
- -13
- Country
- Location
barrister rafiqul is a west bengal sympathizer
livingdead
ELITE MEMBER
- Joined
- Oct 25, 2011
- Messages
- 22,952
- Reaction score
- 0
- Country
- Location
scholseys
SENIOR MEMBER
- Joined
- Dec 28, 2011
- Messages
- 6,429
- Reaction score
- -13
- Country
- Location
you forgot to mention the closet hindu bit..
being a west bengal sympathizer is the worst kind.
fallstuff
ELITE MEMBER
- Joined
- Nov 20, 2009
- Messages
- 9,441
- Reaction score
- 0
- Country
- Location
Actually the West opposes this in principle. There is no love lost for JI.
People have decided the faith of JI in all the election where JI contested since 1971.
Hasina is going for overkill. When Ershad didn't want to be part of her coalition under the terms she laid out, she had his a*s in Jail under several charges till he caved.
This is popular move in incumbent BD politics.
Hammer-fist
FULL MEMBER
- Joined
- Oct 8, 2012
- Messages
- 1,221
- Reaction score
- 0
Hasina is definitely a nasty piece of work and so is the rest of the "Sheikh" family.
However their time is going to end and the same for the Zia family too, as well as other corrupt people who have ruined Bangladesh.
fallstuff
ELITE MEMBER
- Joined
- Nov 20, 2009
- Messages
- 9,441
- Reaction score
- 0
- Country
- Location
The Zia family is not what is used to be in 80's or 90's when Khaleda was in power. I am OK with what the military did to Zia's kids. They had it coming.
Hasina should watch her back !!
Hammer-fist
FULL MEMBER
- Joined
- Oct 8, 2012
- Messages
- 1,221
- Reaction score
- 0
1. Hasina is known for corruption and killing.
2. She has angered the US with her harassment of Yunus. The same US who many people say played a big part in the death of her father.
Khaleda's sons got beaten, Hasina's father and siblings were killed.
You're totally right, Hasina should watch her back.
However it seems she is too stupid and deluded to realise this.
livingdead
ELITE MEMBER
- Joined
- Oct 25, 2011
- Messages
- 22,952
- Reaction score
- 0
- Country
- Location
we are buying heavy lift cargo planes only for her family...
fallstuff
ELITE MEMBER
- Joined
- Nov 20, 2009
- Messages
- 9,441
- Reaction score
- 0
- Country
- Location
we are buying heavy lift cargo planes only for her family...
Trust me you would not want to be anywhere near this woman when she is acting out.
She will drive your heavy lift cargo crew into insanity !!
livingdead
ELITE MEMBER
- Joined
- Oct 25, 2011
- Messages
- 22,952
- Reaction score
- 0
- Country
- Location
we all have relatives who have mood swings...and a bit crazy... but once a didi, she remains our didi...
better than mamata didi at least..
fallstuff
ELITE MEMBER
- Joined
- Nov 20, 2009
- Messages
- 9,441
- Reaction score
- 0
- Country
- Location
we all have relatives who have mood swings...and a bit crazy... but once a didi, she remains our didi...
better than mamata didi at least..
This is more than mood swing. She was given the helms, and all she had to do was to do what the people wanted her to do. She effed it up in a royal way.
Mamati didi has so much to learn from her.
we all have relatives who have mood swings...and a bit crazy... but once a didi, she remains our didi...
better than mamata didi at least..
This is more than mood swing. She was given the helms, and all she had to do was to do is what the people wanted her to do. She effed it up in a royal way.
Mamati didi has so much to learn from her or not.
Similar threads
