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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

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