আমি গর্ব করে বলছি আমি একজন আইনজীবী। আমি অন্যের কষ্টকে আনন্দে বদলাই। তার বিনিময়ে আমার জীবণ চালানোর জন্য অর্থ গ্রহন করি। এই কথাগুলো শুধু আমার জন্য সত্য নয় বরং সকল আইনজীবির জন্যই সত্য।
আমরা অন্যের কষ্টকে আনন্দে রুপন্তর করব আর তার বিনিময়ে আমরা কিছু পাব না, এটা কি হতে পারে? না হতে পারে না। কারন আমাদেরও তো অন্য সবার মত জীবন আছে, স্ত্রী, বাবা-মা, ভাই-বোন আছে। তাদেরকে আনন্দে রাখাটাও আমাদের দায়িত্ব।
বর্তমানে বেশকিছু মানুষ আসেন আমাদের কাছে কাজ করান কিন্ত অর্থ দেবার সময় মনে কেরন আমরা তাদের জন্য বিনামূল্যে কাজ করে দিব। এটা খুবই অন্যয়। আমার মূল্যবান সময় তার জন্য ব্যয় করলাম আর সে কিনা আমটর শ্রমটা সস্তা মনে করছে।
এর একটা উপযুক্ত কারনও অবশ্য আছে। বর্তমানে বেশ কিছু উকিল আছেন যারা খুব কম অর্থে কাজ করার কথা বলন, কিন্তু বাস্তবে কাজ সম্পাদন করতে তারা অপারগ। আর এর জন্যই আজ আমাদের এই মহান পেশার এই অবস্থা।
I am a lawyer. I love my job. But jot is not everything in a life. I dream a girl who will love me no no not only love me but love me from her Hart. But now I realized that is nothing but my only dream. There in no true love in the world.
Love is for them who are successful. I have no success now. I am junior lawyer now. So, there is no girl who is waiting for me to love me. I am a lonely person.
Here is the Result of 8th BJS Preliminary Examination, 2013 . Congratulation for the passed candidates.
ARTICLE 7 of the Constitution embodies the wishes and will of the nation which fought a bloody Liberation War in 1971. All powers in the Republic belong to the people, and their exercise on behalf of the people shall be effected only under, and by the authority of the Constitution. The Constitution is the solemn expression of the will of the people, the supreme law of the Republic. (Article 7). This Article is a statute of liberty, supremacy of law and rule of law. Anwar Hossain Chowdhury & ors. vs. Bangladesh 41 DLR (AD) 165, 220. Parliament is the creation of this Constitution and all powers follow from this article. (ibid at page 220). This Article is a happy conjunction of the will of the people and the supremacy of the Constitution. The Bengali nation suffered not only under the British but also in Pakistan time under different Martial Law periods.
In fact there was never any democracy here in Pakistan time. The Constitution of 1956 could not be implemented and before any election took place Ayub Khan's Martial Law came into effect. When that Martial Law was overthrown, Yahya Khan succeeded as the new dictator. When the results of the December 1970 elections were announced, the dictators and their autocratic friends conspired to thwart democracy by not recognising and giving power to the elected representatives. It is this denial of democratic recognition that finally led to the struggle for a separate homeland for the Bengalis.
What the Bengalis fought for was therefore democracy, rule of law and people's rights. The Constitution is a pious embodiment of these wishes. The fundamental rights are mentioned and are enforceable in the writ jurisdiction of the Supreme Court which also checks any action by the executive which has been done illegally or without lawful authority.
The Constitution has undergone certain changes and currently we may be seeing another. However the basic spirit of freedom, rule of law etc are still there. The Supreme Court has defended the structural pillar of the constitution in Anwar Hossain's case (above) holding that the basic tenets of the judicial system cannot be changed.
While we were always having interruptions in the working of a democratic government there is one silver lining in the cloud. Neither Ayub Khan's regime nor Ershad's Martial Law Government defied any order of the Superior Courts. Thus, we saw the Supreme Court of Pakistan affirm the Dacca High Court's judgment in Fazlul Quader Chowdhury vs. Mohd. Abdul Hoque PLD (1964) S.C. 486 which declared the parliamentary seat of a prominent minister to have been vacated. The autocratic regime complied with the decision. Similarly the Pakistan Supreme Court and the then East Pakistan High Court constantly protected the freedom of movement and liberty against arbitrary arrests under the umbrella of the Defence of Pakistan Rules by holding that the "Satisfaction" of the detaining authority will be objective and not subjective.
The Courts called for the particular records of the case and if the judges found that the arrest was not on objective ground, the detention was set aside. This principle has constantly been followed in cases of detention under the Special Powers Act in Bangladesh. General Ershad's government bowed
down to the decision of the Appellate Division when the Court held that the High Court Division can not be bifurcated into seven permanent benches. (Anwar Hossain Chowdhury's case. ibid).
It is with deep anguish we note today that the democratic values are being eroded. Judiciary is yet to be separated. Murders go on unabated and crimes are alarmingly on the increase. Immediately all of us blame the law enforcing agencies for failure to check crimes but have we pondered to think that the members of the law enforcing agencies as well as the criminals are nothing but part and parcel of our society. Why is it that we need special draconian laws like the Nari Nirjatan Ain, Druto Bichar Ain which strike terror into the hearts of any prisoner because of the psyche that an accused "should" be guilty if he/she is arrested or tried under those laws. Other countries do not have parallel laws and yet do they not fare better when law and order is concerned ? Laws do not protect the rights of the people in the end but the heart and head do. As long as we do not think of breaking the law and conform to the rule of law which means that everybody should be treated equally before law, democratic values will prevail. For, democracy means rule of the people but that "rule" is according to the law of the land which flows from the Constitution of which the fountain head is Article 7.
Why is it that Bangladesh is the only country which needs a caretaker government headed by non elected persons to see the country through an election. Erosion of democratic values which we learnt in our Civics books written and based on English principles in the early years after the British left has been so naked that every political party has accepted that none of them can be trusted to conduct an election fairly. The Nation prefers that election be conducted by a retired Chief Justice who having retired at 65 is deemed to be physically unfit to remain a judge but is found for that very reason to be fit enough to run a country in the crucial period !
Further, after any election, there is always a protest by the losing side that the election was rigged. No one has the democratic sense to accept the results. This intolerance continues and the Ruling Party, whoever it is, becomes busy in arresting the members of the Opposition and the Opposition clamours for mid term election without waiting for the five year period to finish. Democracy means rule of the people for the people and by the people but above all toleration and a patience to wait until the next election.
Similarly the losing party with scant feeling towards working the democracy does not attend the Parliament except when it is necessary to keep their seats. They forget that they are elected and democracy cannot function when there is no opposition in the Parliament. They take their emoluments and duty free cars but do not fulfill the promise made to the electorate that they will represent them in the Parliament. Even if the Party in Power does not give them enough scope to ventilate their views, they should attend the Parliament. Democratic values are lost in the pathetic war of words. Our heart saddens further when we see the same pattern reflected whoever is in power or opposition. They call hartals which chokes the nation's economy and then proclaim that it is successful and thank the people
for it. Their only weapon is fear of the car and shop owners of unlawful harm. Hartals emanate from "Satyagrahas" and "Foreign Goods Boycott" of Mahatma Gandhi in the early 1920's who however promptly called them off when these were enforced by violence. A lesson to be learnt here.
This must mean that as a nation we lack the sense of toleration that is needed for a functioning democracy and we are unfit to govern ourselves democratically. Democracy in the third world countries may be different from those found in developed countries but why is it that we are so unique in ignoring the democratic values ? What jolt do we need to correct ourselves ? Within three years of the Constitution we had a one party government and a string of Martial Laws which ended when people of all hues and colours woke up and took to the streets.
But then immediately the rot started and we are lamenting increasingly about the deteriorating law and order and the brazen brushing aside of the spirit that the framers of the Constitution fondly inserted in Article 7 namely that the will of the People is supreme. We equate the will of the "People" with the desire for "Power" and its abuse and we do not treat our election commitments to represent the electorate seriously.
The spirit to work together and the democratic values are something not tangible but we cannot go on ignoring the same with impunity. Article 7 must be honoured in practice.
Dr. M. Zahir,The author is Barrister at Law, Senior Advocate, Supreme Court.
Md. Mozammel Haque
LL.B. Rajshahi University, Rajshahi, Bangladesh.
Bangladesh Bar Council License (District: Kushtia) 1983
Bangladesh Bar Council License (High Court) 1989
Kushtia Bar Association
High Court Bar Association
Election commissioner Kushtia District Chamber of Commerce.
AREAS OF PRACTICE:
All kind of civil Cases
PROFESSIONAL EMPLOYMENT HISTORY:
1989 – Islamic Bank Kushtia, Bangladesh selected as a Panel Lawyer.
2001- Bangladesh House Building Finance Corporation Kushtia selected as a Panel Lawyer.
2004- Uttora Bank Kushtia Limited selected as a Panel Lawyer.
2005- Pubali Bank Kushtia Limited selected as a Panel Lawyer.
2008- Jamuna Bank Kushtia Limited selected as a Panel Lawyer.
2008- EXIM Bank kushtia Limited selected as a Panel Lawyer.
2010- NCC Bank Kushtia Limited selected as a Panel Lawyer.
2010- Standard Bank Kushtia Limited selected as a Panel Lawyer.
2010- Dutch-Bangla Bank Kushtia Limited selected as a Panel Lawyer.
You can give here your legal treatises.
“Dying Declaration” Published on Lawinbd
Over 800 Civil cases in Kushtia Court.
Give more than 2,500 Legal opinion for various Banks.
Made more than 3,500 Legal Deeds for on investment under Bank and company law, Registration law etc.
system of rules
1 (also the law) [U] the whole system of rules that everyone in a country or society must obey:
If they entered the building they would be breaking the law. * In Sweden it is against the law to hit a child. * Defence attorneys can use any means within the law to get their client off. * British schools are now required by law to publish their exam results. * The reforms have recently become law. * Do not think you are above the law (= think that you cannot be punished by the law). * the need for better law enforcement * (humorous) Kate's word was law in the Brown household.
2 [U] a particular branch of the law:
company / tax law * He specializes in international law.
see also CANON LAW, CASE LAW, CIVIL LAW, COMMON LAW, PRIVATE LAW, STATUTE LAW
3 [C] ~ (on sth) | ~ (against sth) a rule that deals with a particular crime, agreement, etc:
the 1996 law against the hiring of illegal immigrants * The government has introduced some tough new laws on food hygiene. * strict gun / licensing laws * a federal / state law * to pass a law (= officially make it part of the law) * (spoken) There ought to be a law against it!
see also BY-LAW, LICENSING LAWS
subject / profession
4 [U] the study of the law as a subject at university, etc.; the profession of being a lawyer:
Jane is studying law. * (AmE) He's in law school. * (BrE) He's at law school. * What made you go into law? * a law firm
5 (the law) [sing.] used to refer to the police and the legal system:
Jim is always getting into trouble with the law. * She was well known for her brushes with the law.
of organization / activity
6 [C] one of the rules which controls an organization or activity:
the laws of the Church * The first law of kung fu is to defend. * the laws of cricket * the laws of war
of good behaviour
7 [C] a rule for good behaviour or how you should behave in a particular place or situation:
moral laws * the unspoken laws of the street
in business / nature / science
8 [C] the fact that sth always happens in the same way in an activity or in nature:
the laws of supply and demand * the law of gravity
9 [C] a scientific rule that sb has stated to explain a natural process:
the first law of thermodynamics
see also MURPHY'S LAW, PARKINSON'S LAW, SOD'S LAW, LEGAL, LEGALIZE, LEGISLATE
be a law unto yourself to behave in an independent way and ignore rules or what other people want you to do:
Boys of that age are a law unto themselves.
go to law (BrE) to ask a court of law to settle a problem or disagreement:
They went to law to get back their property.
law and order a situation in which people obey the law and behave in a peaceful way:
The government struggled to maintain law and order. * After the riots, the military was brought in to restore law and order. * They claim to be the party of law and order.
the law of averages the principle that one thing will happen as often as another if you try enough times:
Keep applying and by the law of averages you'll get a job sooner or later.
the law of the jungle a situation in which people are prepared to harm other people in order to succeed:
These criminal gangs only recognize the law of the jungle.
lay down the law to tell sb what they should or should not do, in a forceful way:
My dad started laying down the law about what time I should come home.
take the law into your own hands to do sth illegal in order to punish sb for doing sth wrong, instead of letting the police deal with them:
After a series of burglaries in the area, the police are worried that residents might take the law into their own hands.
there's no law against sth (spoken) used to tell sb who is criticizing you that you are not doing anything wrong:
I'll sing if I want to-there's no law against it.
more at LETTER n., RULE n., WRONG adj.
COMMUNICATION #1--if you communicate to your clients, then their happy. You communicate with the courts, i.e. judges, law clerks, etc. then the courts are happy===even if you mess up, people are much more willing to help you fix your mess up's when your communicating & polite about it.
Believe it or not, a low level clerk at the courts can make or break you in that court system. Judges ask their employees what attorneys are jerks and what attorney treat the employees well. Judges will deal with attorneys accordingly, even though most attorney's don't know that..we actually had a judge require an attorney to go to anger management courses before he was allowed back into her courtroom.
ORGANIZATIONAL SKILLS #2--you MUST be extremely organized. Court filings have due dates and if they are not filed on time--FORGET IT! Even in the most intese court cases with all the evidence in the world to prove your case, if you file 1 document 10 minutes later then a judge tells you..your whole case could be thrown out.
KNOW THE LAWS that your specializing in--at 13 you probably don't realize all the different specialties that lawyers get into. For example many lawyers don't even step foot in court rooms, however their jobs are based on being lawyers. Especially in real estate law, etc. Most attorneys pick 1 or 2 fields of expertise, i.e. Bankruptcy Law or Divorce Law or Medical Malpractice or Real Estate Law or Probate Law. It would be difficult to become extremely knowledgeable in all these different specialties.
The main features of an open prison institution may be summarized as follows:-
The development of information technology and electric media especially from 1980's onwards have given rise to a new variety of computer related crimes which are commonly called "cyber crime." The widespread growth of cyber crime has become a matter of global concern and challenge for the law enforcement agenciesin new millennium.Definition of Cyber Crime
Some authorities feel that the term 'cyber crime' is a misnomer as this term is nowhere defined in any statute or Act enacted by the parliament. In a sense, it is not radically different from the concept of conventional crime insofar as both include conduct whether act or omission, which causes breach of law and therefore, cyber crime is punishable by the state.
A cyber crime may be defined as any criminal activity that uses a computer either as an instrumentality, target or means of perpetrating further crime( Parthasarthi Pati: cyber crime page-5). In other words, cyber crime is an unlawful act wherein the computer is either a tool or a target or both.
The distinction between cyber crime and conventional crime and conventional crime lies in the involvement of the medium in cases of cyber crime. That is, there should be involvement, at ant stage, of the virtual cyber space medium in case of a cyber crime.
Reasons for Cyber Crime
Before embarking upon the various types of cyber crimes and the modes of committing them, it would be appropriate to dwell upon the main reasons for unprecedented rise in cyber crime in recent years. The main reasons may briefly be stated as follows
1. The computer has the unique characteristic of storing data in a relatively very small space. This affords to derive and remove information either through physical or virtual medium more easily.
2. Computer are easy to access and therefore unauthorised access by the use of complex cyber space technology is easily possible by-passing security system.
3. The computer work on operating systems which are composed of millions of codes. The cyber offenders take advantage of the fallibility of human mind and penetrate into the computer system.
4. One of the significant features of computer system is that evidence is destroyed in no time. The criminals find it easy to destroy the evidence soon after the crime is committed which makes it difficult for the investigating agencies to collect relevant material evidence for prosecuting the offender.
5. Slightest negligence on the part of computer user in ensuring security of the computer system may lead to catastrophic consequences as the cyber criminal may gain illegal access and unauthorised control over the computer system to accomplished his evil design.
Preventive Legal Measures Against Cyber Crime
Laws are generally meant for meeting the needs of society and it is, therefore, a dynamic concept which undergoes with the changing need of the society. The modern information technology evolution has enabled human society to prosper and make tremendous progress but at the same time given rise to new problems hereto unknown to mankind and cyber criminality is one such grave area. The progressive trend of computer technology has accelerated transfer of information and telecommunicate and increased our capacity to store, search, retrieve and communicate data over the world in shortest possible time.
Consequent to the advancement of information technology and computer network, a variety of legal issues related to use(misuse) of Internet as digital processing devices such as piracy, IPR(Intellectual Property Rights) violations, pornography, commercial and banking frauds etc. have emerged which need to tackled through the instrumentality of law. Since cyber space has no geographical boundaries, nor has it physical characteristics such as sex, age etc. it poses a big challenge before the law enforcement agencies for regulating cyber-space transactions of citizens within a country's territorial jurisdiction. Though in practical terms, an Internet user is subjected to the laws of the state within which he/she goes online, but this general rule into conflict when the disputes are international involving other countries as well. Because of the anonymity of its character and negligible chances of being detected, the cyber crime offenders are misusing the computer technology for committing a variety of crimes which need to be prevented by an effective law and regulatory measures.
1. Virus Hoax
Medical Profession White collar crimes which are commonly committed by persons belonging to medical profession include issuance of false medical certificate, helping illegal abortions, secret service to dacoits by giving expert opinion leading to their acquittal and selling sample-drugs and medicines to patients or chemists. Dilatory tactics adopted by the members of this profession in treatment of their patients with a view to extracting huge sums from them has become an accepted norm, particularly with those medical men who do not have a good practice or have only a marginal earning.
Scenario in Government service The persons employed in essential services of the government or other undertaking are often confronted with the problem of getting leave du to shortage of staff. They, therefore, produce medical certificate regarding their false sickness and produce it to the department to justify their absence from duty. In return they have to pay certain amount to concerned medical staff. Thus, though a white collar crime, this tactics has proved a boon and a workable alternative to employees who have difficulty in obtaining leave from the employers. In Bangladesh it is open secret to all that we can take fake Medical illness certificate only spending very small amount of money. Just, you have to Government Hospital and talk with a staff , give him some money and he will manage it by any way.
Advertising in Medical Profession Fake and misleading advertising is yet another area in which the white collar criminal operate. They make illegally and misleading claims of medical cure though advertisements in newspapers, magazines, radio and television thus adding human misery. Many patent medicines are not only worthless but harmful too. Similar advertisements for cosmetics and adulterated food are also widespread in practice which are injurious to public health. These persons may not break the letter of law but , by violating its sprit, they commit crimes which are not only antisocial, but also injurious to public health. In Bangladesh it is a very simple event. Most of our food are adulterate by sellers or distributors. But our government is not taking more initiative to control it. But we are the ordinary people eating food which has been adulterate. This is a very strong white collar crime which converted to be as crime.
Md. Shahnewaz Zwaki Advocate The Supreme Court of Bangladesh (High Court Division).