18-03-2019
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LAW & PUBLIC MOnDAy,<br />
MARch <strong>18</strong>, <strong>2019</strong><br />
5<br />
QueRy :<br />
Dear Sir,<br />
I am a non-resident Bangladeshi, now residing at<br />
Germany. I am living here since 2001 with my wife &<br />
two children, now I got the citizenship here. On 2007 I<br />
bought a piece of land measuring 5.00 decimal at<br />
Jowar Sahara Mouja, Gulshan, Dhaka, maintaining all<br />
the legal formalities. Now I want to sell that property<br />
urgently, but now it is quite difficult for me to go<br />
Bangladesh for the purpose of sale the property. But I<br />
heard from some of my friends that I can sell my<br />
property from abroad also. Please inform me the<br />
details.<br />
Regards,<br />
KabirRaihan<br />
Germany.<br />
OPiniOn :<br />
Thank you for your query. Yes, you can sell your<br />
property from abroad by executing a foreign power of<br />
attorney deed.A foreign power of attorney is a<br />
deed/document whereby a person, living in abroad,<br />
appoints another person, known as an agent or attorneyin-fact,<br />
to act on his behalf.A power of attorney deed is a<br />
written authorization to represent or act on another's<br />
behalf in private affairs, business, legalmatters or even<br />
on property matters.<br />
Firstly, you need to select a person who is residing at<br />
This week Your Legal Adviser is<br />
A.B.M Shahjahan Akanda (Masum)<br />
Advocate, Supreme Court of Bangladesh.<br />
He is the Head of the chamber of a renowned law firm,<br />
namely, 'Law for Nations', which has expertise mainly in<br />
banking law, tax law, commercial law, corporate law, family<br />
law, employment and labor law, land law,constitutional law,<br />
criminal law and in conducting litigations before courts of<br />
different hierarchies. He can be reached at - cell:01711459590,<br />
E-mail: law.abm@gmail.com.<br />
Bangladesh and who is eligible and interested to receive<br />
the power of attorney of your schedule property. In such<br />
cases you can select your parents, siblings etc. as your<br />
power of attorney receiver or attorney-in-fact. Then you<br />
have to contact with your lawyer to accomplish the<br />
whole procedure of the foreign power of attorney.<br />
Secondly, your lawyer will prepare the foreign power<br />
of attorney deed and will mail it to you at Germany. Then<br />
you will have to execute the deed in front of the<br />
Consulate General of embassy of Bangladesh, Rome,<br />
Italy and you need to back the deed to your lawyer at<br />
Bangladesh.<br />
Thirdly, after receiving, the documents must have to<br />
submit before the Ministry of Foreign Affairs,<br />
Bangladesh, and then they will check the genuineness of<br />
the executant and after satisfaction will make attestation<br />
the documents.<br />
Fourthly, those documents will be required to submit<br />
before Treasury Office and treasury office will send the<br />
file to ministry of foreign affairs again for inspection and<br />
also to concern AC land office for inspecting the<br />
genuineness of the property. Thereafter, availing the<br />
inspection report from Ministry and AC Land office, the<br />
Treasury officer if satisfied will give the permission to<br />
attach treasury stamp.<br />
Finally, after obtaining the permission from treasury<br />
officer, the foreign power of attorney deed must have to<br />
be registered with the concern Sub Registrar Office.<br />
After completing the registration process, you can sell<br />
the property and on behalf of you, the attorney-in-fact<br />
will execute the sale deed of your schedule land.<br />
Why the victims of torture<br />
are not getting justice<br />
in Bangladesh<br />
Women’s Property Right<br />
in Muslim Law<br />
Few days ago we faced international women's<br />
day when we talked about several women's<br />
rights. Like women's freedom of expression,<br />
freedom of movement, women's power, freedom of<br />
choice etc. Before talking about those rights we have<br />
to ensure women's economical independence. FOr<br />
economical independence women can get job, can<br />
do business etc but for doing those things women<br />
need to have such amount of property which every<br />
man already getting. That is inheritance from<br />
family. Most of our families avoid and ignore our<br />
women to hold their inheritance property. I think,<br />
women should fight for this first, then others<br />
freedom will come automatically. Let's know how<br />
much women can get inheritance from their family<br />
according to Muslim Law.<br />
wife: If husband of any wife have died with leaving<br />
his property, the wife will get some of them as<br />
inheritence. There is some condition. If there is no<br />
child then wife will get one forth of the whole property.<br />
But when there are<br />
any child then she<br />
will get one eighth<br />
of such entire<br />
property of her<br />
husband. If the<br />
deceased person<br />
have multi wife then<br />
such one forth or<br />
one eighth property<br />
will be distributed<br />
between then<br />
(wives). Like there<br />
is no child but wives<br />
are double, then<br />
wives are entitled<br />
for one forth but<br />
each wife will get<br />
one eighth.<br />
Mother: Mothers<br />
are also entitle for<br />
property of her<br />
deceased child.<br />
when deceased<br />
person have child or his son has child or he has two or<br />
more sibling then his mother will get one sixth of<br />
whole property. But when deceased person have no<br />
child or no child of his son or sibling not more then<br />
one, then mother will get one third of the entire<br />
property.<br />
Again, when deceased person's father and husband/<br />
wife are alive then after giving spouse, mother will get<br />
one third of rest property. For example, deceased<br />
person's father and his/her spouse are alive then at<br />
first such spouse will get property first then mother<br />
will get one third of rest property. Need to understand,<br />
not one third of whole property, one third of rest<br />
property which will be rest after giving spouse.<br />
Grandmother: Grandmother also a sharer as<br />
inheritance of deceased person. Paternal<br />
grandmother (mother of father) will get one sixth of<br />
deceased person's property. But there is a condition.<br />
Mother of deceased person must be die.<br />
Another interesting condition is if father of deceased<br />
person is alive, he must get some portion of his death<br />
child's property. So if father is alive then paternal<br />
grandmother will not get any property. One sixth<br />
property will go to maternal grandmother (mother of<br />
mother).<br />
Daughter: Daughter are entitle for property of their<br />
died father. If there is no son and daughter is single<br />
then she will get half of the whole property. But when<br />
son is absent but daughters are multi then daughters<br />
are entitle for two third of entire property. Two third<br />
will be distributed between all the daughters.<br />
But when daughter and son both are present, then<br />
daughter will get half of she brother like<br />
daughter:son=1:2<br />
Daughter of son: Granddaughter can get property<br />
from her grandparents if deceased person has no son,<br />
no daughter and no grandson. In that situtaion she<br />
will get half of the property if she is alone. But when<br />
granddaughters are more than one, then they will two<br />
third of the property and will be distributed between<br />
them equally.<br />
exception: If deceased person has only one<br />
daughter, then granddaughter will get one sixth of the<br />
whole property.<br />
Sister: when deceased person has no son, no<br />
daughter, no<br />
grandson, no<br />
granddaughter, no<br />
brother, no father<br />
then sister will get<br />
half of her brothers<br />
property. If sisters<br />
are more then one<br />
then they will get<br />
two third of the<br />
property and that<br />
will be distributed<br />
between them<br />
equally.<br />
Step sister: Setp<br />
sisers are two<br />
kinds. One is<br />
father is same but<br />
mother different,<br />
another is mother<br />
is same but father<br />
different.<br />
Let's see when<br />
father is same<br />
mother different. when deceased person have no son,<br />
no daughter, no grandson, no granddaughter, no<br />
brother, no sister, no step brother(mothers are<br />
different), no father, then step sister will get half of the<br />
property if she is alone. But when step sisters are more<br />
than one, they will get two third of the property and<br />
that will be distributed between them equally.<br />
exception: when sister is alone, then step sister will<br />
get one sixth of the entire property.<br />
Now step sister when mother is same fathers are<br />
different. This step sister will get one sixth of the<br />
deceased person's property. But condition is deceased<br />
person have no ancestors from his or her father and<br />
no incoming generation from his or her child.<br />
when in our country all the women will get their<br />
inheritance property properly, then our women will be<br />
independent and our country will be economically<br />
independent. I wanna say, if you give me a<br />
economically independent mother, I will give you a<br />
independent nation.<br />
Writer : Chowdhury Tanbir Ahamed Siddique<br />
Legal Researcher<br />
Email: tanbir921535513@gmail.com<br />
Mobile: 01921 53 55 13<br />
IN existing real scenario of Bangladesh, it is so<br />
difficult to lodge a complaint and prove the<br />
allegation on torture, perpetrated by law and<br />
security personnel of the country. Article 35 (5) of<br />
Constitution of the People Republic of<br />
Bangladesh strictly prohibits not only torture but<br />
also all form of cruel behavior, punishment or<br />
treatment. But section 197 of the Criminal<br />
Procedure Code (Cr. P.C) of Bangladesh provides<br />
safeguard to the countries officials who are<br />
restored to violence in their official capacity when<br />
demanded by circumstances.<br />
The obstacle to lodge a complaint against law<br />
and other security personnel begins from the<br />
initial stage of filing case. when the victim tries to<br />
loge a First Information Report (FIR) against the<br />
law and security personnel with the concerned<br />
police station, the duty officer denies straight<br />
away registering the FIR.<br />
Similarly, when the victims of torture try to<br />
lodge a complaint with the concerned court, it is<br />
always denied by the court excusing the<br />
mandatory section 197 of Criminal Procedure<br />
Code, which pre-sanctions the government to<br />
bring allegation against the government servant<br />
with the court.<br />
Most of the magistrates of in criminal court<br />
are bogged down as they are not being up to date<br />
about the high court rule, order or judgment<br />
passed on different problems. They do not have<br />
the knowledge that the high court's ruling<br />
dismissed the old notion on the old usages of the<br />
Cr.P.C section 197.<br />
Most of the practicing lawyers are also not<br />
appropriately trained or have enough knowledge<br />
or confidence to lodge a complaint against the<br />
law and security personnel. They do not know<br />
that they can lodge case against perpetrators (law<br />
and security personnel). Although some of the<br />
lawyer did hear about possibility to lodge<br />
complaint against the doers, they do not have<br />
practical experience.<br />
At the case of Rokeya Begum Vs Shafikur<br />
Rahman , reported on 2 BCR page no. 04 where<br />
the High Court Division of Supreme Court has<br />
issued the following rule: " No sanction under<br />
section 197 of Criminal Procedure Code is<br />
necessary for taking cognizance of the offence<br />
alleged in the case, even if the police officer and<br />
involved police constable committed the offence<br />
while setting or purporting to act in the discharge<br />
of official duty. Protection of section 197 is not<br />
available to accused police officials as available to<br />
other public servants."<br />
Question of compulsory bribing is another<br />
pre condition from police side which leads the<br />
case ending up in a fiasco. Again there has been<br />
witness and complainant intimidation by both<br />
the law and security personnel and influential<br />
political leaders. Some of the filing lawyers<br />
(advocate of the victim) are being influenced by<br />
the perpetrators. Sometime the filing lawyer<br />
develops ill connection with the perpetrators.<br />
The next point of hurdles for providing the<br />
case against perpetrators is the police himself.<br />
with the rule of procedure victim usually lodge<br />
complaints against law and security personnel in<br />
the court of law, the incumbent Magistrate sent<br />
this case to police official for investigation and<br />
asked him to submit the report in the court<br />
within a stipulated time.<br />
It is usually seen that the responsible<br />
investigating officer submits a distorted or<br />
concocted report to the concerned court. That is<br />
one of the most important reasons why victims of<br />
torture are not getting justice in Bangladesh.<br />
People in Bangladesh ordinary see that<br />
police are given bribery by the citizens either<br />
voluntarily or forcefully (except for few) is legal.<br />
Besides that, we can see that the police are also<br />
providing bribery to the complainant. Victims<br />
who want justice through the courts, the accused<br />
perpetrators find a way to cool down the<br />
complainant through bribery.<br />
The perpetrators also try to intimidate the<br />
complainant to withdraw the case by threatening<br />
and also implicating with series of false cases.<br />
Moreover, lengthy, time consuming, complicated,<br />
expensive court proceeding, difficulties in<br />
collecting medical evidence, lack of co-operation<br />
from civil society and elites of the community<br />
with the lawyer is also creating obstacle to get<br />
justice of torture victim.<br />
Recently a new law has been enacted which<br />
mandates suspension of the accused from service<br />
during investigation into the charges, regardless<br />
of whether the suspect is a member of a regular<br />
law-enforcement agency, the armed forces, or<br />
any other government office. For deaths in<br />
custody, the accused can be sentenced to a<br />
maximum life term in jail and be fined. The law<br />
also provides for monetary compensation to be<br />
paid to the victim by the convict. For torture in<br />
custody, the law warrants five years' rigorous<br />
imprisonment and a fine.<br />
The law mandates that investigations into<br />
cases of torture will have to be completed within<br />
90 days of registration of a complaint, and the<br />
trial will have to be completed within <strong>18</strong>0 days.<br />
The law also allows the Bangladesh courts to take<br />
cognisance of a crime based on the complaint a<br />
person makes to the court, and mandates the<br />
court to direct a medical examination of the<br />
complainant.<br />
But still there is no example to get remedy<br />
applying this new law due to unconscious of<br />
general mass and victim of torture even lawyer<br />
about the act and its proper application.<br />
Writer : Shahanur Saikot<br />
young human rights defender & lawyer,<br />
Justice Makers Fellow, Switzerland<br />
Email: saikotbihr@gmail.com, Blog:<br />
www.shahanur.blogspot.com