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Fifteenth Amendment Repealed, Caretaker Government System Restored
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17 Dec 2024, 12:16
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The High Court has declared the fifteenth amendment to the constitution, which abolished the much-discussed caretaker government system, as unconstitutional. As a result, the caretaker government system has been reinstated. On Tuesday morning, the High Court bench of Justice Farah Mahbub and Justice Debashish Roy Chowdhury issued a ruling regarding why the fifteenth amendment should not be declared unconstitutional, which led to this verdict.
In its observations, the court stated that the caretaker government was established based on political consensus, and as such, it had become a fundamental basis of the constitution.
On June 30, 2011, through the fifteenth amendment, the Awami League government sealed the fate of the caretaker government provision. The amendment included a provision for the death penalty for treason in cases of unlawful seizure of state power.
Additionally, the amendment introduced a provision for elections within 90 days of the expiration of Parliament’s term, whereas previously, elections were to be held within 90 days before the end of the term. A total of 55 amendments, both small and large, were made through the fifteenth amendment.
On August 18, Sujan Secretary Badiul Alam Majumder, along with five other prominent figures, filed a writ petition challenging the law. After a preliminary hearing, the High Court issued a rule on August 19, questioning why the fifteenth amendment should not be declared incompatible with the constitution.
During the hearing, the lawyer argued that the fifteenth amendment simultaneously incorporated provisions for Islam as the state religion, the phrase "Bismillahir Rahmanir Rahim," and secularism, which are contradictory and incompatible. The amendment had also destroyed the free and fair election system in the country.
On December 4, the hearing concluded regarding the challenge to the validity of the fifteenth amendment. Several organizations, including BNP and Jamaat, became parties to the writ. Almost all parties expressed support for the retention of the caretaker government system.
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Titumir Students Block Railways, 2 Trains Stuck
The students of Government Titumir College blocked the roads and railway tracks in the capital's Mohakhali this morning (18 November), demanding the government upgrade the institution to a university. In this incident, 2 intercity trains on the line are stuck.
Bangladesh Railway's Dhaka Control Room confirmed the matter on Monday (November 18) around 12:30 pm.
It was informed from the control room that 2 intercity trains were stuck on the line in the Mohakhali area in the face of students' agitation. Among them, Agnibina Express to Tarakandi of Jamalpur from Dhaka and Banalata Express to Dhaka from Chapainawabganj.
Earlier, students tried to stop the Noakhali-Dhaka-bound inter-city train Upakul Express from crossing the Mohakhali railway crossing amid the blockade today. But they did not stop the train and threw bricks and stones at it. Some windows of the train were broken.
Incidentally, the students have been protesting by blocking the railway and road of Mohakhali since this morning demanding that the government Titumir College be converted into a university. As the rail communication across the country is closed due to their blockade, the movement of traffic in Mohakhali, Banani, and Jahangir Gate areas is completely blocked due to the students' position at the Mohakhali rail crossing.
Govt Job Age Limit Raised to 32: Notification Issued
The Ministry of Law, Justice, and Parliamentary Affairs has issued a notification setting the maximum age limit for entry into government jobs at 32 years. The notification was issued on Monday evening, November 18.
According to the notification, it has been deemed appropriate and necessary to determine the maximum age limit for direct recruitment in government, autonomous, semi-autonomous, statutory government authorities, public non-financial corporations, and self-governed institutions. Given the current dissolved state of Parliament, and as the President is satisfied that immediate measures are required, the ordinance has been enacted under the powers granted by Article 93(1) of the Constitution of the People's Republic of Bangladesh.
Key Points of the Notification:
Title and Effectiveness: The ordinance will be referred to as the Maximum Age Limit for Direct Recruitment in Government Jobs Ordinance, 2024. It will take immediate effect.
Supremacy Over Existing Rules: Regardless of any existing laws, regulations, directives, or legal provisions, the terms of this ordinance will take precedence.
Age Limit for Civil Service and Other Government Jobs: For all cadres under the Bangladesh Civil Service, the maximum entry age will be 32 years. For government jobs outside the purview of the Civil Service, the maximum age limit will also be 32 years.
For positions in autonomous, semi-autonomous, statutory government authorities, public non-financial corporations, and self-governed institutions where the current age limit is either 30 or up to 32 years, the new age limit will uniformly be set at 32 years.
Exemptions: Recruitment rules for defense services and law enforcement agencies will remain as per their respective regulations.
Resolution of Ambiguities: If any ambiguity or difficulty arises in implementing the ordinance, the government may issue further clarifications or amendments via a gazette notification, ensuring consistency with the ordinance.
The notification underscores the government's commitment to ensuring clarity and uniformity in the age limit for government job recruitment.
Kamrul Islam Placed on 8-Day Remand in Murder Case
Advocate Kamrul Islam, a member of the Awami League Presidium, has been placed on an 8-day remand by a Dhaka court in connection with the Abdul Wadud murder case filed at New Market Police Station.
On Tuesday (November 19), the police submitted a remand application, and after a hearing, Judge Ziadur Rahman Jumman approved the remand.
Kamrul Islam was arrested late on Monday (November 18) around 11 p.m. from a residence in the Uttara-12 sector of the capital. He was detained overnight at the Detective Branch (DB) office.
Meanwhile, the Anti-Corruption Commission (ACC) has launched an investigation into substantial illegal assets allegedly held by Advocate Kamrul Islam, his wife, and his children, both domestically and internationally. According to ACC’s Deputy Director and Public Relations Officer Md. Aktarul Islam, the decision to investigate was made at the ACC headquarters on October 14.
ACC sources claim that Kamrul Islam, a former Food Minister, State Minister for Law, and Member of Parliament for Dhaka-2, accumulated massive wealth illegally in his and his family members’ names. During his tenure as State Minister for Law, he allegedly took millions in bribes through corrupt hiring practices in lower courts. As Food Minister, he reportedly misappropriated significant government funds by procuring substandard wheat from Brazil through corrupt deals.
Abdul Wadud was killed during clashes in the New Market area amid anti-discrimination student protests. Following the fall of the Sheikh Hasina government on August 5, several ministers, state ministers, and Awami League leaders have been arrested in various cases filed at different police stations.
Battery-Run Rickshaws Ordered to be Banned Within 3 Days
The High Court has ordered the ban on battery-powered rickshaws in the Dhaka metropolitan area within three days.
A High Court bench of Justice Fatema Najib and Justice Sikder Mahmudur Razi issued the order on Tuesday (November 19).
In total, about 1.2 million rickshaws are currently operating in the capital. A large part of which is battery-powered. In addition, many old pedal-powered rickshaws are being mechanized by installing batteries.
Battery-powered rickshaws are more common in the capital's narrow streets than on the main roads. These rickshaws also ply on the main roads when they get the opportunity. The number of battery-powered rickshaws is higher in the capital's Khilgaon, Manda, Basabo, Maniknagar, Rampura, Badda, Sayedabad, Jatrabari, Kadamtali, Sabujbagh, Shyampur, Demra, Mohammadpur, Basila, Uttara, Bhatara, Dakshinkhan, Uttarkhan, Moynartek, Mirpur, Pallabi areas.
ADB, WB to Provide $1.1b Loan Assistance to Bangladesh by Dec: Finance Sec
Finance Secretary Dr. Md Khairuzzaman Mozumder today said that the Asian Development Bank (ADB) and the World Bank would provide $600 million and $500 million loan assistance respectively to Bangladesh by December 2024.
Mozumder disclosed this at a press conference at the Ministry of Finance at Bangladesh Secretariat here today.
Replying to a query on the amount of loan commitments received by the interim government, he said the policies implemented by the interim government have been positively received by donor agencies such as the International Monetary Fund (IMF) and the World Bank.
“Our interim government’s policy measures have yielded good results, exceeding our initial expectations in terms of funding. For instance, we’ve successfully negotiated $600 million in loans with ADB and thus expect to receive the funds by December this year,” he added.
Besides, he highlighted progress with the World Bank, which has agreed to provide $500 million in loan support within the same timeframe. “Originally, these loans were set at $300 million and $250 million respectively, but were later doubled due to favorable negotiations.”
The Finance Secretary said the government is seeking further financial assistance from the IMF adding, “We’ve requested an additional $1 billion in support from the IMF for this year. Discussions are set to conclude when the IMF team visits on December 4 and we’re optimistic about the outcome.”
He expressed confidence in the government’s ability to implement its policies effectively and secure continued support from international financial institutions.
Chaired by Finance Adviser Dr Salehuddin Ahmed, the press conference was attended, among others, by Financial Institutions Division Secretary Nazma Mubarak, Economic Relations Division (ERD) Secretary Md Shahriar Kader Siddiky, and National Board of Revenue (NBR) Chairman Md Abdur Rahman Khan.
Source: BSS
HC Suspends Recruitment of 6,531 Primary School Teachers
The High Court postponed the decision to issue appointment letters to 6,531 people in the third phase of the government primary school assistant teacher recruitment exam due to the quota system.
The High Court bench of Justice Fatema Najib and Justice Sikder Mahmudur Razi issued this order on Tuesday (November 19).
The appointment letters were to be issued to the teachers from tomorrow, Wednesday.
Barrister Foyez Uddin Ahmed and Advocate Kamruzzaman Bhuiyan heard the writ petition in the court. Deputy Attorney General Nur Mohammad Azmi argued for the state.
The final results of the third phase of the government primary school assistant teacher recruitment exam (Dhaka and Chattogram divisions) were published on October 31. 6,531 candidates passed in it. The results were published on the website of the Directorate of Primary Education.
It is known that the exam was conducted in 21 districts of Dhaka and Chattogram divisions in the third phase. The revised results of the written exam were published on April 22. In this, 46,199 candidates were selected for the oral examination. The examination was held at the district level from 10 am to 11 am on March 29.
On May 28, the High Court suspended the recruitment process for the posts of assistant teachers in government primary schools in the districts of Dhaka and Chattogram divisions (except the three hill districts) for six months, including the oral examination. The Appellate Division then dismissed the stay order issued by the High Court regarding the conduct of the oral examination.
Based on this, the Department of Primary Education conducted the oral examination. However, the court ordered an investigation into the allegations made in the media about the leaking of question papers in the written examination for this recruitment.
Committee to Examine Feasibility of Titumir University, Movement Withdrawn
The students have announced the suspension of the agitation after assuring that a committee will be formed within 7 working days to examine whether the government-run Titumir College can be converted into a university.
On Tuesday (November 19) afternoon, a delegation of Titumir College students went to the Secretariat. Professor Aminul Islam, Special Assistant to the Education Advisor assured them in this regard. Later, the students left the Secretariat and announced the suspension of the agitation.
Matiur Rahman, a member of the Titumir College student delegation who participated in the meeting, said that the government has assured to form a committee regarding the demand to convert Titumir College into a university. Which will be formed within the next seven working days. Based on this, we are announcing the suspension of the agitation.
He said that the same committee has informed us that it will investigate the overall issue and submit a report.
The delegation members are Mahmud Hasan Muktar, Mosharraf Rabby, Neyek Nur Mohammad, Abdul Hamid, Nuruddin Jisan, Matiur Rahman Joy, Jahangir Sunny, Mehedy Hasan Mal, Aminul Islam, Mohammad Bellal, Al Noman Nirob, Habibullah Rony, Md Toaha, and Kawsar.
Earlier, students staged a protest for the second day demanding that the government-run Titumir College be converted into a university. A delegation of 14 students went to the Ministry of Education at the government's request.
The rest took up positions in front of the main gate inside the campus around 11 am.
It is worth noting that the Titumir College students have made three demands to the university.
The demands are- 1. Titumir College should be separated from 7 colleges by canceling its affiliation with Dhaka University. 2. A commission should be formed to convert Titumir College into a university. 3. Titumir should formulate an outline for implementing an independent university.
