The
Appellate
Division
declared
mandatory
death
sentence
as
unconstitutional
On May 5, the Appellate Division of the
Supreme Court declared section 6 (2) (3)
(4) of the Women and Children Repression
(Special Provisions) Act 1995 and section
34 (2) of the Suppression of Oppression
Against Women and Children Act 2000 to be
unconstitutional in so far as it prescribes a
mandatory death penalty.This judgment
was pronounced in an appeal arising out of
a Writ Petition filed jointly by the BLAST and
Shukkur Ali, a convict who was sentenced to
death under the Special Act of 1995.
The sections were challenged as those
violate Articles 7(Supremacy of the
Constitution), 26 (laws inconsistent with
Fundamental Rights to be void), 27
(Equality before law), 31 (Right to
protection of law), 32 (right to life) and 35
(prohibition
on
crueland
degrading
treatment
or
punishment)
of
the
Constitution and because of absence
ofjudicial power of discretions in awarding
sentence.
The High Court declared Joint Drive
Indemnity Act 2003 as illegal:
On 13 September 2015, the High Court
declared the Joint Drive Indemnity Act 2003
as illegal and unconstitutional. The court
ruled that any aggrieved person or victim of
the operation can seek compensation from
the government through the HC or any
other court.
The 'Operation Clean Heart' was executed
from October 16, 2002 to January 9, 2003
to restore law and order. Members
fromArmy, Navy, BDR, police and Ansar
joined the anti-crime drive. On Feb 24,
2003, a law was enacted providing
indemnity to the military officials who took
part in the special operation. The law was
challenged on June 14, 2012.
The petitioner’s argument was that
Bangladesh has signed the International
10
JAMAKON
Convention Against Torture (CAT) in 1998.
Article 14 of the CAT provides for raising a
fund to compensate anyone harmed by
government forces. But the indemnity law
says that anyone harmed during the
operation cannot seek compensation.
HC directs
protection
for
law
on
witness
On 7 December 2015, the High Court
directed the government to enact a witness
protection Act to ensure safety of witnesses
and their appearance before court and
speedy disposal of cases. An HC bench
passed the order after hearing a bail
petition filed by the accused of a murder
case. The court asked the Home Secretary
and the Law Secretary to ensure execution
of the direction. The court also asked these
secretaries to include necessary rules in the
law so that public prosecutors and police
remain accountable for absence of
witnesses.
A law relating to witness protection in
Bangladesh is required to ensure the right
to life, right to security of person and right
to equality before the courts and tribunals.
Exchange of enclaves
After 68 years of the partition of Indian
subcontinent,
Bangladesh
and
India
became successful in bringing an end to one
of the most complicated and confusing
border disputes in the world i.e. enclaves.
On 1st August 2015, 51 Bangladeshi
enclaves situated in India merged with
India, while 111 Indian enclaves in
Bangladeshi
territory
integrated
withBangladesh. Around 14,000 people
living in 51 Bangladeshi enclaves in the
Indian Territory, and another 37,000
residing in 111 Indian enclaves in
Bangladesh, now have a country of their
own.
The chair of JAMAKON paid visit to the
Enclaves which are within Bangladesh.
JAMAKON advocated for the rights of those