Law Minister
Law Minister in staunch defence of Digital Security Act
Law, Justice and Parliamentary Affairs Minister Anisul Huq said Saturday that the Digital Security Act (DSA) is sufficiently necessary in the current reality.
“That the DSA was enacted for restricting freedom of expression and media — is not right at all,” he said.
The minister said this while addressing a seminar on ‘Secured Digital Society: Role of the state’ organised by the Postal and Telecommunications division at Bangabandhu International Conference Center in the capital, as the chief guest.
“Some sections of an act are misused, which is usual,” he acknowledged, saying that criminals always try to commit crimes by bypassing the DSA.
The minister observed that police and lawmakers must try to stay two steps ahead of actual criminals who always try to keep themselves one step ahead.
Read more: Data protection law to be enacted to protect data, reiterates Law Minister
Regarding the proposed Data Protection Act, he said there is no chance to be confused as the Data Protection Act will be constituted after discussion with stakeholders.
“We are now global citizens while many crimes are transborder and the ‘Mutual Legal Assistance Act’ was enacted to tackle such crimes,” the minister added.
Postal and Telecommunications division Secretary Abu Hena Morshed Zaman, BTRC Commissioner Abu Syed Dilijar Hussain, DMP Additional Commissioner Md Nazmul Islam and ICT Affairs Journalist Rashed Mehedhi among others addressed at the function.
Data protection law to be enacted to protect data, reiterates Law Minister
Law Minister Anisul Huq reiterated on Thursday that data protection law will be enacted to protect data, not to control it.
He was talking to reporters after the Deputy Commissioners’ Conference 2023 at the Osmani Memorial Auditorium in the capital.
"We will place the draft of the Data Protection Act in parliament. That does not mean that suggestions from the stakeholders will not be heard,” he said.
Read more: US did not impose new sanctions as human rights situation has improved: Law Minister
This act is for protecting data and will be enacted as per this policy, he added.
Regarding the Digital Security Act (DSA), he said, "We have taken measures to ensure that cases are registered after proper verification and avoid immediate arrest.”
The law minister said they have also formed a committee after consulting with the United Nations High Commissioner for Human Rights for best practices in this regard. “If necessary, we can certainly amend the Digital Security Act.”
Read more: New law in the offing to appoint HC judges: Law Minister
He also said the government has taken an initiative to raise the salary of government law officers (PPs and GPs) by dividing the districts into three categories-- large, medium and small.
Highlighting the reasons for raising the salary of GPs-PPs, the minister said, 'We have planned to launch the Independent Prosecution Service. However, the entire PP Service will not be an Independent Prosecution Service.”
In the session with the DCs, Anisul highlighted the government's initiatives to ease the long-running backlog of cases. “I have talked about alternative dispute resolution and legal aid services.”
US did not impose new sanctions as human rights situation has improved: Law Minister
Law Minister Anisul Huq said on Wednesday that the US did not impose any new sanctions against the Rapid Action Battalion (RAB) as the human rights situation has improved.
"Human Rights Watch does not write anything good about anyone. But they have written in their report that the human rights condition has improved in Bangladesh. Donald Lu has said that they would have imposed more sanctions against RAB, but did not do so as Bangladesh's human rights situation has improved," he told reporters at the secretariat after meeting with Malaysian High Commissioner to Bangladesh Haznah Md. Hashim.
“We (the US) have seen RAB has done much good. We also understand the necessity of RAB. Since human rights situation has significantly improved, we have not imposed new sanctions. He (Lu) has told me so very clearly,” the law minister said, quoting the US Assistant Secretary of State for South and Central Asian Affairs, Donald Lu. Lu visited Bangladesh recently.
In response to a question, the law minister said that he did not ask Lu for lifting the existing sanctions against RAB because it must be done in accordance with legal procedures.
Also Read: Bangladesh's growing economy entices US to maintain good relations: FM
“We are following those procedures,” he added. "We will take action against RAB members if they commit crimes," Huq said of the elite force's reforms. “The reform process is ongoing; it takes time,” he added.
Huq also said that during his meeting with Lu, he demanded that Rashed Chowdhury, the fugitive convicted killer of Bangabandhu, be deported to Bangladesh.
“He asked me to contact their judiciary branch. I will knock every door to bring him back,” the minister said.
Lu arrived in Dhaka on Saturday evening to discuss ways to strengthen the bilateral relationship, expanding economic engagement and to hear on labour and human rights.
During his brief stay in Dhaka, Lu met with senior Bangladeshi ministers and officials including the law minister and civil society leaders to discuss issues of mutual interest.
New law in the offing to appoint HC judges: Law Minister
The government is working on enacting a law for appointment of high court judges and it will be landed in Parliament within a few days.
Law Minister Anisul Huq made the announcement while replying to opposition Jatiya Party and Gonoforum MPs during discussion on the passage of the 'Bangladesh Supreme Court Judges (Leave, Pension and Privileges) Bill-2023.”
During participation on the passage of the Bill, JP and Gonoforum MPs demanded that the government enacts a much-desired law on the appointment of judges at the higher court.
Gonoforum MP elected from Sylhet, Mokabbir Khan, said according to the Constitution, the president now appoints judges to the High Court.
“In the case of appointment of judges, disqualification is mentioned, but eligibility criteria are not mentioned. In this case, if a specific law is made for the appointment of judges, there will be no opportunity to question the appointment,” he said.
JP MP elected from Sunamganj, Pir Fazlur Rahman, said that there was no law on the appointment of an Election Commissioner.
“Last year this law was passed, and a new Election Commission was formed based on the law.”
Similarly, he said, the appointment of the High Court Judges was also supposed to be enacted. But it hasn't happened yet.
“In many cases, appointments are made on political consideration,” he added.
Fakhrul Imam, another JP MP elected from Mymensingh, also made the same demand.
Later, Law Minister Anisul Haq said he can assure that the government is working to enact a law on the appointment of judges.
“I will be able to place the Bill in this regard within a few days,” he also said.
The HC judges are now being appointed as per article 95(2) of the Constitution.
The Article says the candidate must be a citizen of Bangladesh and have the experience of practising as a Supreme Court advocate for at least 10 years; or have held judicial office in Bangladesh for at least 10 years; or have such qualifications as may be prescribed by law for appointment as a judge of the High Court.
Different quarters have long been demanding a guideline to bring transparency and competitiveness in the recruitment process.
Court works independently: Law Minister
The government does not interfere in judiciary, the law minister said on Friday about the government's appeal against the High Court bail granted to BNP leaders Mirza Fakhrul Islam Alamgir and Mirza Abbas.
“Court is making the decisions independently. There is no government interference in the release of Mirza Fakhrul and Mirza Abbas,” Law Minister Anisul Huq said at the Kasba press club in Brahmanbaria.
Quoting the attorney general, the minister said there was a violation of law in the bail process in the High Court for the two leaders. So a petition challenging the HC order was filed with the Appellate Division.
On December 9, a team of Detective Branch (DB) of police picked up Fakhrul and Abbas from their homes in separate raids in the capital.
Later, they were shown arrested in a case over the clash between police and the party activists in the capital’s Nayapaltan. A Dhaka court sent them to jail rejecting their bail pleas.
Read more: Bangladesh must not return to lawlessness again: PM Hasina
Regarding misconduct with the Judge at the Brahmanbaria courtroom, Anisul said judiciary is independent, now the High Court has taken the matter under its jurisdiction. “I will not comment on this now.”
“I have seen the video footage of the incident, and if it is true I am shocked. As a member of a lawyer family, I believe that all lawyers in Brahmanbaria cannot do such things.”
On Thursday, The HC bench of Justice JBM Hassan and Justice Razik-Al-Jalil summoned three lawyers including Brahmanbaria Bar Association president for misbehaving with the district Woman and Child Repression Prevention Tribunal Judge Mohammad Faruq.
Those summoned are Bar Association president Advocate Tanvir Ahmed Bhuiyan, Secretary (Administration) Advocate Md Akkas Ali and Advocate Zubair Islam.
On January 4, the district Woman and Child Repression Prevention Tribunal Judge Mohammad Faruq sent a written complaint to the High Court to take action against those involved in this incident. Later, on the instructions of the Chief Justice, the Registrar General of the Supreme Court sent the written complaint of the judge to the HC bench.
Read more: BNP urges judiciary to work impartially, independently
On January 2, Bar Association president advocate Md Tanvir Bhuiyan, Secretary Advocate Md Akkas Ali and around 10-15 lawyers including Zubair Islam came and rudely asked the judge to leave the courtroom. Advocate Tanvir hurled abusive words at the court, as per the complaint.
Presidential election will be held in due time: Law Minister
Law Minister Anisul Huq on Wednesday said the presidential election will be held in due time since the second term of Abdul Hamid expires in April next.
Talking to reporters after inaugurating a workshop, he also said that the government has so far no plans to amend the constitution.
“The presidential election will be held in the due course of time. Since he (Hamid) was elected the President for two terms, he can't stay any longer (in the post) as per the constitution,” the minister said.
Read more: Law Minister sounds out govt's bullish mood on election
The workshop was organised in collaboration with the United Kingdom at the Judicial Administration Training Institute in the capital for the lower court judges.
Various problems of the judiciary of Bangladesh, including case backlog, case management, and ways of quick case disposal, will be discussed in the four-day workshop.
On Apr 24, 2013, Abdul Hamid was sworn in as the 20th President of Bangladesh.
After the end of his first tenure, Hamid also took oath as the president on the same date in 2018 for the second term.
Hamid is the only President who has been serving for two consecutive terms. His second and last tenure will expire on April 24 this year. The country’s constitution allows a maximum of two terms for a person in the post of president.
Read more: Human rights violators will be brought under justice: Law Minister
There was speculation that the government may amend the constitution to allow Hamid to stay in the post for another term, but the law minister categorically said they have no such plans.
About the apex court’s bail to BNP secretary general Mirza Fakhrul Islam Alamgir and standing committee member Mirza Abbas, he said no ministry, including the law ministry, is interfering in the work of the court.
“The court will grant bail as per its wish. The court won’t give bail if it thinks it can't be given,” he observed.
Huq also said it often happens that the apex courts are granting the BNP leaders bail when the lower court is denying it.
He also said staying the lower court’s bail by the apex court is nothing new in Bangladesh.
“Those who have raised questions about it, may not have seen the rules of Jatiya Party and BNP.”
Human rights violators will be brought under justice: Law Minister
Mentioning that the incumbent government is working in all ways to establish, protect and develop human rights, Law, Justice and Parliamentary Affairs Minister Anisul Huq said on Saturday that violators in this regard would face justice.
"Those who violate human rights will be brought under the law of justice," he said, while addressing a discussion organised by the National Human Rights Commission at a city hotel in Dhaka on the occasion of Human Rights Day 2022 as the chief guest.
Human Rights Day is celebrated annually around the world on December 10 every year.
Read: PM: Patrons of August 15 killings have no right to lecture on democracy, human rights
The date was chosen to honour the United Nations General Assembly's adoption and proclamation, on December 10, 1948, of the Universal Declaration of Human Rights.
"The government's stance on human rights violators is very clear. Those who violate human rights in Bangladesh will be prosecuted under the law," Anisul Haque said. He said despite many achievements of the government in the establishment and protection of human rights, a vested quarter is trying to present a negative image of human rights in Bangladesh for gaining political benefits.
Father of the Nation Bangabandhu Sheikh Mujibur Rahman, who spent his entire life for the establishment and protection of human rights, was brutally killed with most of his family members on August 15, 1975, through the domestic-foreign conspiracy.
"It was the most heinous and extreme violation of human rights in the history of the world," the law minister added added.
He said that the horror of this human rights violation was made more terrible by the 'Indemnity Ordinance' that protected the killers from being brought to justice for 21 years. The killers were even rewarded and the major countries of the world gave shelter to them, he moaned.
Read: Human rights as ‘cheap political tool’ could be counterproductive, says Shahriar
Some of the convicted killers are still at large in some major countries, he said, adding that the government is trying to bring them back to Bangladesh although bringing them back has become very difficult.
It has only been possible to prosecute major human rights violations, including those involved in the assassination of Bangabandhu, the assassination of four national leaders and crimes against humanity committed during the liberation war in 1971 due to the good policy and strong position of the government, he said.
As a result, the culture of injustice has been removed from the country and the image of the country in the international arena has been brightened, the minister added.
He also mentioned that Bangladesh has become a member of the United Nations Human Rights Council (UNHRC) four times.
Chairman of the National Human Rights Commission Dr. Kamal Uddin Ahmed presided over the meeting while a full-time member of the commission Md Salim Reza and secretary of the Legislative and Parliamentary Affairs Department Moinul Kabir also spoke.
Bangladesh to finish amending labour law by mid-2023, Law Minister tells ILO
The process of amending the Bangladesh Labour Law will be completed by mid-2023 and the amended law will be also applied to all industrial zones in the country, Law Minister Anisul Huq has said.
There are some confusions as to which of the two – the Bangladesh Labour Act and the Bangladesh EPZ Labour Act – will apply to the newly established industrial zones. But the amended Bangladesh Labour Act will be applied to Bangladesh industrial zones, the minister declared.
The law minister was speaking at the 346th session of the Governing Body of the International Labour Organisation (ILO) in Switzerland’s Geneva.
Bangladesh continues its efforts to resolve the complaints raised under Article 26 of the ILO Constitution, said Anisul.
Read more: Bangladesh considers labour rights related recommendations from US, EU, ILO with due importance: PM's Adviser
After submitting the report to the meeting of the Governing Body of the ILO last March, the Bangladesh government has made significant progress in the implementation of the roadmap in about seven months, he added.
“The government has tried to secure progress in the four clusters of the roadmap to improve the overall labour situation in the country.”
The minister also said the government has already amended the Bangladesh Labour Code and enacted the Bangladesh EPZ Labour Code. In this process, the observations of the ILO Committee of experts have been considered.
Assuring ILO, he said the process of revising the Labour Law has been started as the next phase of legal reformation. “So far, 17 stakeholders have received proposals for amendments. The Tripartite Working Group is seriously working on compiling these amendment proposals.”
Read more: ILO offers help for skills development of workforce in Bangladesh
The review committee will further discuss the recommendations or proposals compiled and seek the approval of the National Tripartite Consultative Council, he added.
Regarding trade union registration, the law minister said this process has been fully digitised to ensure greater accountability and transparency.
The Department of Labour with the help of its four industry related institutes and 32 labour welfare centers is providing training to workers and employers on the trade union registration process, he added.
In this regard, regular training is being given to the concerned officers. A pre-application service has been introduced by the Department of Labour to assist, he said.
Read more: BIDA, ILO sign deal to streamline one-stop service for investors
“Trade union registration process will be simplified further, if necessary.”
Referring to the significant measures taken by the Bangladesh government to strengthen labour inspection and enforcement in line with the roadmap, the minister said, "We are committed to continue engagement with domestic and foreign social partners and other stakeholders for bringing qualitative changes in the labour sector."
He also mentioned handing over of the document of ratification of ILO Convention 138 to its Director General the 344th session of the Governing Body.
“In January this year, the Bangladesh government also ratified Protocol 29 of the ILO Convention on Forced Labour, 1930. Clearly, these are a demonstration of our strong commitment to ILO labour standards.”
Read More: ILO, FBCCI team up to boost workplace safety, healthcare in 10 sectors
The law minister is leading the Bangladesh delegation in the ILO session that started from October 31.
Parliament passes law allowing digital evidences in court trial
Bangladesh Parliament on Thursday unanimously passed the much talked about “The Evidence (Amendment) Bill, 2022” incorporating the admissibility of digital evidences by the court.
Law Minister Anisul Huq placed the bill in the House, which was passed by a voice vote.
As per the law, in a prosecution for an offence of rape or attempt to rape, no question can be asked in the cross-examination as to general immoral character or previous sexual behaviour of the victim. But such question can only be asked with the permission of the court necessary for the ends of justice.
Opposition Jatiya Party and BNP lawmakers thanked the government for placing the bill saying the humiliating provision for women as mentioned in the Evidence Act has been repealed.
Terming the bill “historic and time fitting,” the opposition lawmakers said the demand of rights activists has been fulfilled.
While placing the bill, the law minister said there is a tendency of raising questions about a victim's character through obnoxious questions. Restriction has been imposed on it. No such question can be asked straightway without the permission of a court.
Rights activists have welcomed the government’s move for amending the Evidence Act as the so-called "immoral" character of survivors of sexual violence can no longer be brought into question, digital evidence can be produced in courts, and questions on the character of witnesses in general can be raised only with the permission of the court.
Read more: HC Circuit Bench at Chattogram under consideration: Law Minister
Activists have long argued that defence lawyers attacking survivors with demeaning and obscene questions during cross-examinations is a huge deterrent in the process of justice that has only contributed to normalising sexual violence.
Legal experts and rights activists said they had long been demanding inclusion of digital evidence in the act.
The passed law will give both the prosecution and defence the opportunity to produce digital evidence before the court. Such evidence is not taken into cognisance at present.
According to the proposed law, digital record or electronic record means any record or information generated, prepared, sent, received or stored in magnetic, electro-magnetic, optical or micro films, computer memory, computer-generated microfiche including audio, video, DVD, CCTV footage, drone data and records from cell phone, hardware, software or any other digital device as defined in Digital Security Act, 2018.
Besides, finger, palm and iris impressions and digital footprints, signatures and certificates will also be admissible as evidence before a court.
Evidence, documents and such other things were coming online after the inception of digital or online trials of cases amid the Covid-19 pandemic.
With the existing law, many legal complications might appear if any aggrieved person files a petition with the higher court, challenging the verdict of the lower court in case of acceptance of digital evidence or documents.
In the law, a provision was kept for making forensic examination of digital evidence.
If the court thinks necessary or any party of the case doubts about the authenticity of such evidence, these can be gone through forensic examination.
Read more: JS passes Bangladesh Oil, Gas and Mineral Corporation Bill, 2022
The submission of false or manipulated evidence would be punished as per the laws concerned.
If anyone twists (tampers) evidence, the persons will be dealt with as per the section 211 of the Penal Code or the section 57 of the Digital Act.
HC Circuit Bench at Chattogram under consideration: Law Minister
The government is considering setting up a circuit bench of the High Court Division in Chattagram, said Law, Justice and Parliamentary Affairs Minister Anisul Huq on Thursday.
He said this in Parliament while replying to a question from Awami League lawmaker Mamunur Rashid Kiron (Noakhali-3).
Earlier, the Thursday’s sitting of the House started at 6:00pm with Speaker Shirin Sharmin Chaudhury in the chair.
As per the Article 100 of the Constitution, the permanent seat of the Supreme Court shall be in the capital, but sessions of the High Court Division may be held at such other place or places as the Chief Justice may, with the approval of the president, from time to time appoint, said the minister.
“With the authority given in the Article, the matter of setting up a circuit bench of the High Court Division in Chittagong is under active consideration,” he said.
Read more: HC Circuit Bench in Ctg to be formed in 2 months: Hasan
In reply to another question from Awami League lawmaker Abdul Latif (Chattogram-11), the Minister said a total of 369 laws enacted during the British India and Pakistan periods are now effective in Bangladesh.
“The number of current laws made during the British India and Pakistan era in East Pakistan before the declaration of independence of Bangladesh is 369 ones,” he said.
He said the effectiveness of all the laws is continued as per the article 149 of the Constitution. By enacting the Bangladesh Laws (Revision and Declaration) Act, 1973, the pre-independence laws were upheld with necessary amendments and inclusions, he added.
According to the list placed by the minister, the number of laws of the British India era in Bangladesh is 222, while that of the Pakistan era is 147.
The first law enacted in the British India era is “The Wills and Intestacy Regulation, 1799” and the last law made during the Pakistan period is “The Government and Local Authority Lands and Buildings (Recovery of Possession) Ordinance, 1970.”
Fisheries and Livestock Minister SM Rezaul Karim told the House that the number of local species of extinct fish is 64.
He said this replying to a question from ruling party lawmaker Nur Uddin Chowdhary Nayan (Laxmipur-2).
The minister said that the government has taken various steps to protect almost-extinct species of fishes.
In reply to another question from AL lawmaker Momota Hena Lovely (Women Seat-31), the livestock minister said the number of farms in the country is more than 13 lakh (exactly 1,338,590). Among them, 270,290 cow farms, 873, 200 goat/sheep farms and 195,100 poultry farms.