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Book Reviews by S M Mamun
This paper contains a short review on Intellectual Property law namely the Copy Right Act, 2000. ... more This paper contains a short review on Intellectual Property law namely the Copy Right Act, 2000. It focuses on the main questionable provision of this Act for the purpose of acquiring the knowledge very easily. Though this paper is made as assignment, it will be helpful for students.
Papers by S M Mamun
Environmental Law Review, 2021
Marine life in the Bay of Bengal (BoB) region is under serious threat due to extreme ocean pollut... more Marine life in the Bay of Bengal (BoB) region is under serious threat due to extreme ocean pollution and its impact. In Bangladesh, due to lack of environmental law in general and marine pollution law in particular, the seas and inland waterways are being rapidly polluted; the glory of BoB has already diminished and it is estimated that it will depreciate further in future from different sorts of marine pollution. In this context, our study has been conducted to examine national laws and regulations for the prevention of marine pollution in Bangladesh, and to establish their extent and effectiveness. Our inquiry has revealed that not all sorts of marine pollution are addressed by the existing laws of the country and effective measures are yet to be taken, although there are obligations to do so under constitutional and international law to ensure the well-being of marine life.
Journal of Society and Change , 2019
Inhuman torture is a common issue in our country. It is happening not only in Bangladesh but also... more Inhuman torture is a common issue in our country. It is happening not only in Bangladesh but also each and every corner of the world. To prevent such a curse from society, country and world lots of national and international laws, guidelines and precedents continuously come from judicial decisions of different nations. Bangladesh judiciary is not exception here. In light of this issue, the paper has analyzed, for the purpose of focusing judicial developments, examining relevant laws and its implementation, national and international legal framework along with the reference of judicial precedent upon prohibition of inhuman torture including arrest, detention, remand and extrajudicial killing by law enforcement agency. In this regard, the Supreme Court of Bangladesh laid down a set of guidelines in blast vs. bd [55 dlr (2003) hcd, p. 380], saifuzzaman vs. state [56 dlr (2004) hcd, pp. 342-43] and bd vs blast [8 scob (ad) 2016, p. 1]with regard to exercise of power of arrest and remand consecutively under section 54, 161 and 167 of the CrPcalong with section 3 of the SPA and 316 of PRB where these sections provide the Police and LEA excess power which is mostly abused by them. This paper has critically analyzed these sections as well as article 35(5) of our Constitution which directly stands against the torture and degrading punishment. The paper has also emphasized upon the judicial precedents concerning prohibition of torture whether they are being implemented properly. In conducting this research, analytical methodology is applied and data have been collected from primary and secondary sources which found that in 2017 about 155 people died for extrajudicial killing. Among 155 people 13 died for torture; 139 for crossfire; 2 for beaten and 1 for shot that are the reflection of violation of human rights even fundamental rights also and such violation is not being under control rather it is increasing rapidly day by day where in 2018, from January to May, the death of person for extrajudicial killing stands to 222. And these are occurring because of authorization of black law, poor monitory system of
The Daily Observer, 2019
Recently the legal term ‘death reference’ is a talk of the town because of Nusrat murder case. In... more Recently the legal term ‘death reference’ is a talk of the town because of Nusrat murder case. In the case, a tribunal in Feni sentenced 16 people to death for their roles in killing Nusrat. Now the subordinate court will send the relevant documents as death reference copy to the High Court for approval. In light of this issue, the article focuses on the relation between the doctrine of 'checks and balances' and 'death reference'.
The Daily Observer, 2019
The term 'remand' is a critical legal issue around the world including Bangladesh. In Bangladesh ... more The term 'remand' is a critical legal issue around the world including Bangladesh. In Bangladesh it is also a very concerned issue for citizens. In civil and criminal cases, the term 'remand' is used where in civil suits, the meaning of remand is 'return back' but in criminal cases, it refers to the interrogation of unrevealed truth. In interrogation, detenues are slightly or grievously tortured by the LEA to reveal the answer of questions whereas the evidences gathered from the interrogation having no evidential value stated in section 161 of CrPc. Moreover, torture in remand causes violation of human rights as well as fundamental rights if the detenues are proved as innocent. In this respect, to check and prevent torture in remand, the honourable Appellate court in BLAST v Bangladesh held that the very system of taking of an accused on remand for the purpose of interrogation and extortion of information by application of force is totally against the spirit and explicit provision of the constitution. In the case BLAST v. Bangladesh the High court Division drew some directions regarding detention and remand as well as magistrate's duty but general people don't know about those directions. I think, everyone should know the following directions in order to have a clear understanding in this regard. However, the directions are the following: First, if the police officer seek permission for detention of person arrested under section 61 of the CrPc for the purpose of completing investigation, the police officer must forward reasons in a forwarding letter under Section 167 (1) of the CrPC as to why the investigation could not be completed within (24) twenty four hours and why s/he considers the accusation and information to be well founded. Second, in this regard with the forward letter the police officer shall present before the magistrate a memorandum of arrest, a copy of information and complain as well as a copy of dairy for making the order of the Magistrate under section 167 of the Code. Third, on the basis of forwarding letter, if the Magistrate satisfies him/herself that the accusation and information brought against arrestee are sufficient for detaining the person in custody, the Magistrate shall pass an order of detention and if not, release him/her forthwith. Fourth, if a person is released, the Magistrate shall adequate action under 190(1) (c) of the CrPc against the Officer concerned under Section 220 of the Penal Code. Fifth, If Magistrate orders detention of person, the Officer shall interrogate the accused in a room with glass wall or grille on one side within sight of lawyer. Sixth, the Magistrate shall records reasons of granting interrogation. In this regard he shall follow the recommendations laid down in the judgment. Seventh, if any death of person arrested under Section 54 is occurred in police custody during investigation or
The Daily Observer, 2019
Problems and challenges of maritime court in Bangladesh As per section 3 (1) of the Admiralty Cou... more Problems and challenges of maritime court in Bangladesh As per section 3 (1) of the Admiralty Court Act 2000 (Act No. 43 of 2000), High Court Division of the Supreme Court of Bangladesh as Admiralty Court adjudicates all maritime disputes including marine commerce, marine navigation, maritime pollution, seafarers' salvage, collision, ship arrest, towages, lien, limitation rights, and the carriage by sea of both passengers and goods as well as covering land-based commercial activities that are maritime in character, such as marine insurance made under UK Marine Insurance Act, 1906 where the honourable Supreme Court of Bangladesh mandated to follow the UK Marine Insurance Act, 1906 in order to settle the disputes regarding marine insurance by means of ensuring compensation for losses in voyage. In these contexts, a question may be raised that whether the admiralty court is able to dispose the suit quickly for the betterment of parties. It is well known that delay defects justice. As the jurisdiction of HCD is more than any other court so too many suits whether criminal and civil are dealt by this court. As a result, huge cases have been pending before the court. In order to dispose cases, in various cases, it (HCD) takes maximum 10 years or more which barricades the economic growth of our country and also. However, if the admiralty court is distinctive and separated from High Court Division in taking original jurisdiction, the suits regarding maritime can easily be disposed which will play a vital role in the economy of our county-by means of spreading mercantile businesses among foreign countries.
This paper contains a short review on Intellectual Property law namely the Copy Right Act, 2000. ... more This paper contains a short review on Intellectual Property law namely the Copy Right Act, 2000. It focuses on the main questionable provision of this Act for the purpose of acquiring the knowledge very easily. Though this paper is made as assignment, it will be helpful for students.
Environmental Law Review, 2021
Marine life in the Bay of Bengal (BoB) region is under serious threat due to extreme ocean pollut... more Marine life in the Bay of Bengal (BoB) region is under serious threat due to extreme ocean pollution and its impact. In Bangladesh, due to lack of environmental law in general and marine pollution law in particular, the seas and inland waterways are being rapidly polluted; the glory of BoB has already diminished and it is estimated that it will depreciate further in future from different sorts of marine pollution. In this context, our study has been conducted to examine national laws and regulations for the prevention of marine pollution in Bangladesh, and to establish their extent and effectiveness. Our inquiry has revealed that not all sorts of marine pollution are addressed by the existing laws of the country and effective measures are yet to be taken, although there are obligations to do so under constitutional and international law to ensure the well-being of marine life.
Journal of Society and Change , 2019
Inhuman torture is a common issue in our country. It is happening not only in Bangladesh but also... more Inhuman torture is a common issue in our country. It is happening not only in Bangladesh but also each and every corner of the world. To prevent such a curse from society, country and world lots of national and international laws, guidelines and precedents continuously come from judicial decisions of different nations. Bangladesh judiciary is not exception here. In light of this issue, the paper has analyzed, for the purpose of focusing judicial developments, examining relevant laws and its implementation, national and international legal framework along with the reference of judicial precedent upon prohibition of inhuman torture including arrest, detention, remand and extrajudicial killing by law enforcement agency. In this regard, the Supreme Court of Bangladesh laid down a set of guidelines in blast vs. bd [55 dlr (2003) hcd, p. 380], saifuzzaman vs. state [56 dlr (2004) hcd, pp. 342-43] and bd vs blast [8 scob (ad) 2016, p. 1]with regard to exercise of power of arrest and remand consecutively under section 54, 161 and 167 of the CrPcalong with section 3 of the SPA and 316 of PRB where these sections provide the Police and LEA excess power which is mostly abused by them. This paper has critically analyzed these sections as well as article 35(5) of our Constitution which directly stands against the torture and degrading punishment. The paper has also emphasized upon the judicial precedents concerning prohibition of torture whether they are being implemented properly. In conducting this research, analytical methodology is applied and data have been collected from primary and secondary sources which found that in 2017 about 155 people died for extrajudicial killing. Among 155 people 13 died for torture; 139 for crossfire; 2 for beaten and 1 for shot that are the reflection of violation of human rights even fundamental rights also and such violation is not being under control rather it is increasing rapidly day by day where in 2018, from January to May, the death of person for extrajudicial killing stands to 222. And these are occurring because of authorization of black law, poor monitory system of
The Daily Observer, 2019
Recently the legal term ‘death reference’ is a talk of the town because of Nusrat murder case. In... more Recently the legal term ‘death reference’ is a talk of the town because of Nusrat murder case. In the case, a tribunal in Feni sentenced 16 people to death for their roles in killing Nusrat. Now the subordinate court will send the relevant documents as death reference copy to the High Court for approval. In light of this issue, the article focuses on the relation between the doctrine of 'checks and balances' and 'death reference'.
The Daily Observer, 2019
The term 'remand' is a critical legal issue around the world including Bangladesh. In Bangladesh ... more The term 'remand' is a critical legal issue around the world including Bangladesh. In Bangladesh it is also a very concerned issue for citizens. In civil and criminal cases, the term 'remand' is used where in civil suits, the meaning of remand is 'return back' but in criminal cases, it refers to the interrogation of unrevealed truth. In interrogation, detenues are slightly or grievously tortured by the LEA to reveal the answer of questions whereas the evidences gathered from the interrogation having no evidential value stated in section 161 of CrPc. Moreover, torture in remand causes violation of human rights as well as fundamental rights if the detenues are proved as innocent. In this respect, to check and prevent torture in remand, the honourable Appellate court in BLAST v Bangladesh held that the very system of taking of an accused on remand for the purpose of interrogation and extortion of information by application of force is totally against the spirit and explicit provision of the constitution. In the case BLAST v. Bangladesh the High court Division drew some directions regarding detention and remand as well as magistrate's duty but general people don't know about those directions. I think, everyone should know the following directions in order to have a clear understanding in this regard. However, the directions are the following: First, if the police officer seek permission for detention of person arrested under section 61 of the CrPc for the purpose of completing investigation, the police officer must forward reasons in a forwarding letter under Section 167 (1) of the CrPC as to why the investigation could not be completed within (24) twenty four hours and why s/he considers the accusation and information to be well founded. Second, in this regard with the forward letter the police officer shall present before the magistrate a memorandum of arrest, a copy of information and complain as well as a copy of dairy for making the order of the Magistrate under section 167 of the Code. Third, on the basis of forwarding letter, if the Magistrate satisfies him/herself that the accusation and information brought against arrestee are sufficient for detaining the person in custody, the Magistrate shall pass an order of detention and if not, release him/her forthwith. Fourth, if a person is released, the Magistrate shall adequate action under 190(1) (c) of the CrPc against the Officer concerned under Section 220 of the Penal Code. Fifth, If Magistrate orders detention of person, the Officer shall interrogate the accused in a room with glass wall or grille on one side within sight of lawyer. Sixth, the Magistrate shall records reasons of granting interrogation. In this regard he shall follow the recommendations laid down in the judgment. Seventh, if any death of person arrested under Section 54 is occurred in police custody during investigation or
The Daily Observer, 2019
Problems and challenges of maritime court in Bangladesh As per section 3 (1) of the Admiralty Cou... more Problems and challenges of maritime court in Bangladesh As per section 3 (1) of the Admiralty Court Act 2000 (Act No. 43 of 2000), High Court Division of the Supreme Court of Bangladesh as Admiralty Court adjudicates all maritime disputes including marine commerce, marine navigation, maritime pollution, seafarers' salvage, collision, ship arrest, towages, lien, limitation rights, and the carriage by sea of both passengers and goods as well as covering land-based commercial activities that are maritime in character, such as marine insurance made under UK Marine Insurance Act, 1906 where the honourable Supreme Court of Bangladesh mandated to follow the UK Marine Insurance Act, 1906 in order to settle the disputes regarding marine insurance by means of ensuring compensation for losses in voyage. In these contexts, a question may be raised that whether the admiralty court is able to dispose the suit quickly for the betterment of parties. It is well known that delay defects justice. As the jurisdiction of HCD is more than any other court so too many suits whether criminal and civil are dealt by this court. As a result, huge cases have been pending before the court. In order to dispose cases, in various cases, it (HCD) takes maximum 10 years or more which barricades the economic growth of our country and also. However, if the admiralty court is distinctive and separated from High Court Division in taking original jurisdiction, the suits regarding maritime can easily be disposed which will play a vital role in the economy of our county-by means of spreading mercantile businesses among foreign countries.