The People, the Politics, the Constitution: Bangladesh

I’ve been issued with so many security updates in the last two weeks that I’ve stopped posting them. The political situation shifts and changes every day; the pendulum of fortune is swinging between the Awami League alliance and Bangladesh Nationalist Party coalition so rapidly it’s been hard to follow.

For the politically interested observer, who cares about Bangladesh, the situation has been both fascinating, in some ways thrilling, but often maddenly frustrating. I’ve been witnessing the country socio-political implosion over the last month, and seen how gradually all nearly public institutions are being maligned and weakened. It’s like a civic war is taking place; a conflict not so much between the people, but within the principles, ideas, institutions and political foundations that the country is built upon.

The economy is suffering greatly, from the biggest businesses to the street hawkers. Universities have stopped enrolling students for the new year. And the judiciary, in astonishing scenes last week, showed its partisanship when senior lawyers and judges who supported the AL rioted inside the Supreme Courts. Three writs had been issued: against the unconstitutional assumption by the President of the office of Chief Advisor of the Caretaker Government (CTG), against the President’s handling of those powers (not consulting his advisors), and against the Electoral Commission announcing the electoral schedule before the voter lists had been finalised. Minutes before the High Court were about to pass judgment, the Chief Justice of the Supreme Court issued an unprecedented stay order, and all hell immediately broke loose. Now everyone is counter-suing for responsibility, so the Supreme Court has stopped functioning, and the crucial writs still haven’t been adjudicated on.

Some interesting reports have recently been published about the state of Bangladesh. The Economist Intelligence Unit’s 2007 Democracy Index classed Bangladesh as a ‘flawed Democracy’, equal 75th out of 167 countries. But the EIU classes the bottom 85 countries as ‘hybrid’ or ‘authoritarian’ regimes, so out of the countries that can be reasonably described as democratic, Bangladesh’s is one of the very worst functioning. Its weakest category is ‘Political Participation’, and this is neatly reflected by the fact that a recent survey by the National Democratic Institute [of America] has found that around 12 million names on the electoral rolls shouldn’t be there. Nearly 15% of the total eligible voters can not be accounted for, and yet the Electoral Commission still announced the date of the election, on January 21st.

The Drishtipat blog has a very good catalogue of the incompetence, ineptitude, brazen partisanship and corruption that has produced this situation. I’m tired of sitting on the fence, because it simply is so frustrating for someone working to try and improve the country to see it be destroyed internally by egos, greed, and personal animosities. Unlike other political clashes with nationwide significance yet that are confined to the elites who inhabit the corridors of power, this has been extraordinary in that those corridors are constitutionally sealed off. The country’s political leaders followed the constitution at the end of October and gave up their power, descending to the level of the streets, dependent on the masses to attend their rallies and follow their rhetoric.

And this has achieved results. More than fifty people have died, mostly from mob brutality. Thousands have been injured. Millions of people have had their daily lives disrupted. The Awami League has been imposing blockades over Dhaka, and the President’s residence, and staging rallies around the country. Since the last brutal weekend of October, these have nearly all been peaceful, but four days ago I was cycling down the main streets of Sylhet in the evening and was met head on by a procession of a few hundred very angry men holding a corpse wrapped in a shroud on their shoulders. The worst possible reminder of the human costs of political corruption.

Slowly these protests, peaceful and non have had a political impact, as first the widely derided Chief of the Electoral Commission MA Aziz has gone on ‘leave’, and just two days ago the Electoral Commission has decided to try and correct the voter lists, using 140,000 staff to make door-to-door checks across the country, in just eight days. Whether this can be achieved effectively is extremely unlikely of course, but at least it’s an effort in the right direction. Today a new election date is scheduled to be announced, but it will most likely still be within the constitutional deadline of January 25th, which is insufficient.

With all the protests and disruption, the AL has been making a huge gamble on the ability of the ordinary people to withstand the country’s turmoil without losing patience with the AL and ceasing to support them. A poll of 2,252 people by the Centre for Alternative Reform, Dhaka conducted in December 2004 found that 80% wanted a free and fair election (FAFE). But with every concession to the AL-led demands by the corrupt institutions, the AL immediately launch a new one. Now they are focussing on getting the resignation of the President as Chief Advisor of the CTG, which is one of the reasons why the AL-supporting lawyers ransacked the courts in protest last week. If public opinion is an elastic band, surely it must be close to snapping now.

With the AL’s increasing success, the BNP is going increasingly apoplectic, decrying the Caretaker Government (which under the BNP’s President had until the last few days been running things still in the BNP’s favour) as the AL’s ‘underlings’. The BNP for the last two months, has been largely powerless in the face of the mass protests and reduced to insisting that all institutions and public figures discharge their responsibilities as specified by the Constitution. The Constitution is what must be sacred, they cry, it’s what holds the country together. Of course, the BNP spent five years loading the Constitution in their favour, so they would try and protect its sanctity. The (BNP appointed) President’s assumption of Chief Advisor of the CTG was brazenly unconstitutional, but the BNP haven’t yet mentioned that.

The AL’s leader Sheikh Hasina and the BNP leader Khaleda Zia have been relying on the winds and currents of public opinion to carry them forward over the next two months towards the safehaven of an elected five year term, and this last month has seen them frantically trying to catch the momentum and hold some modicum of control over it.

Just beneath the rafts that the parties are drifting on lie the offices and institutions of State, and the pressure against the Electoral Commission and CTG is, for me, akin to watching sharks circle their prey, which is protected only by a fragile cage created by a constitutional document. As much as the BNP have tried to maintain that the cage is solid and cannot be attacked, the AL, on the other hand, state that they are fighting for the freedom of the Bangladeshi people – an election organised by partisan institutions would not be worth their contesting.

Every time the AL force a concession, the sharks bite through the cage, the BNP claim that the constitution has been damaged again. But the constitution should not be trailed by the political parties in the murky waters of a bitter populace in the first place. It should serve as a gleaming sail, pulling the parties towards Parliament where they can safely reside.

And even though many of the obstacles to a FAFE are being finally removed, the core problem is that the root cause of the crisis still remains.

As no public office is seen as untainted, and very few public officials can speak with universal acceptance. The domination of the Bangladeshi political sphere by power-hungry cliques and personal animosities has created a vacuum of integrity and authority in the offices of state. It was through the political manipulation of the constitution that the parties following it became directed in to the current chaos, and now, no one can predict whether in the future things can be fully righted again. A proposal by the 2006 Nobel Peace Prize winner Professor Younis, the pride of Bangladesh almost the only public figure left with any neutral authority, to share power in a coalition government, has been summarily dismissed by the two main party blocks. The prizes that power affords are so great that they can’t be shared. And so when the election does take place, the precedent of the last month suggests that there will be more protests contesting the result.

The public fiscal cost of a national election is great, the socio-political costs of a flawed election even greater. In 1986 and February 1996 Bangladesh held elections without the involvement of one of the key parties, and the resulting governments lasted less than six months. Although the BNP still maintain that the Constitution is steering the parties towards an election on Jan 21st, the opposition, civil society groups and most public commentators are demanding that this course is abandoned and a new one set towards a fully FAFE, regardless of constitutional protocol. It seems absurd to obey a clause in a document rather than act for the good of the country and its people.

This is the crux of the debate in Bangladesh, regardless of all the day-to-day political turbulence and machinations. With no elected government in place for the next two months – assuming the January elections do occur – what is left as sovereign? In this scenario is the Constitution the only thing left maintaining the State? Or is the well-being of the State, and the people that constitute the State, what the Constitution represents? If following the Constitution in fact would act against the well-being of the people and the State, does the Constitution cease to become a valid document, and therefore breaking it is morally justified? And lastly, who has the moral right to make that decision?

In 1864, Abraham Lincoln wrote to the journalist Albert Hodges “My oath to preserve the Constitution imposed on me the duty of preserving by every indispensable means that government, that nation, of which the Constitution was the organic law. Was it possible to lose the nation and yet preserve the Constitution? By general law life and limb must be protected, yet often a limb must be amputated to save a life, but a life is never wisely given to save a limb. I felt that measures, otherwise unconstitutional, might become lawful by becoming indispensable to the preservation of the Constitution through the preservation of the nation. Right or wrong, I assumed this ground and now avow it.”

Lincoln felt that to save his nation he had to act against the Constitution, in order to ultimately preserve it. For the Constitution is only worth saving if there is an existing State that is worthy of its protection. And it must be the duty of the elected representatives of the people of that State to govern it to the best of their abilities, with the best interests of the people at heart. It is clear, even for someone who has been in Bangladesh for a short time, that this hasn’t been the case. But the biggest issue now, as the situation develops, is not only whether Lincoln was right, but who, in Bangladesh now, holds the Lincoln role? The President, the political leaders, or the people?

President Iajuddin felt nearly six weeks ago that he had no choice but to act unconstitutionally, but the rot started years before. The only way all of this may be redeemed is for his institutions, in the interests of the people who they serve rather than their overlords who appointed them, to perform their roles with neutrality so that there may be genuinely free and fair elections in January. The people must not act with violence. And the political leaders must refrain from inciting it.

It’s worth remembering that the democratic country with the longest serving single Constitution has held two national elections that would be difficult to describe as free and fair. Yet rather than take to the streets, the people of the United States trusted their political leaders and institutions, some of which are brazenly partisan, to ultimately work in to the country’s interests, with the knowledge that if they didn’t, they’d be discredited and lose power. This is what must happen in Bangladesh. The election must be as free and fair as possible, and if that involves breaking the Constitution and delaying the election temporarily, then so be it. For the people must be given the best opportunity they have to express their will, which is ultimately what the whole Government is there to enable, and what the Constitution exists to preserve.

And thus under a FAFE the people can express their will, and it must be respected by those they grant authority to. This respect must come in the shape of reforming Government institutions, creating real accountability and transparency and a sense of responsibility so that this situation can not arise again. For if the Constitution to be repaired as a sovereign document, if it can act again as a great sail which directs public opinion out of dangerous waters of chaos and anarchy, the people must all play the Lincoln role, and must insist that their nation is worth saving. They have the moral right to act to save their Constitution.

This isn’t a task just for the ordinary Bangladeshi. Bangladesh’s rich companies which have spurred an annual growth rate of 5% invisible to the impoverished masses, must undertake better corporate social responsibility. But primarily, with no parliamentary government, both professional politicians and their supporters are reduced to the same level, and it is their responsibility to stop attacking themselves and start governing themselves with greater integrity, so that their country can be governed also.

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3 Responses to “The People, the Politics, the Constitution: Bangladesh”


  1. 1 Suffering group of Industrial Owner of Bangladesh September 29, 2008 at 10:19 am

    APPEAL FOR JUSTICE TO SAVE FROM OPPRESSIVE LAWS

    Dear Sir
    From 1972 after independent ,Bangladeshi Nationals started to Established Industries investing family resources ,adopting innovative technology as SELF EARNER & to create job for million of unemployed youth & achieve economic freedom when everything were damaged and leftover ,taking all the risk
    Government also started to help these growing PRIVATE SECTOR INDUSTRIES having fund from International Grant Offering Agencies and were distributed through different Bank. From 1979.
    But unfortunately Owner of Industries becomes victims of deep rooted conspiracy & Anti Propaganda .. The Bank Official refrain themselves from ascertaining production capacity of imported machineries and to provide required working capital loan in time extending total non-cooperation, negligence or even to were not willing to receive back their money if any Industrial Entrepreneur decided to pay back the loan for such non-banking attitude.. These the have done willing to jeopardize the Government Policy of Privatizations.
    and Hundreds & thousand of Industries Medium and Small Type Industrial Unit of Private Sector of Bangladesh have been destroyed by Bank Officials & Policy Maker .
    Due to Such conspiracy , negligence’s , fraudulent activities including Non Banking Activities of Bank Official & Policy Maker, most of the these Industries have became inoperative & have lost their Cash Capital, Expatriate Capabilities. And became helpless victims of such deep rooted conspiracy. Having no Legal Protections and remedies have thrown a large number of WORKER AND STAFFS JOBLESS who were engaged in these Industries for their livelihood..
    In 1992 &1996 the Sick Industries Rehabilitation Cell were formed by GOVERNMENT OF BANGLADESH & have Identified and Registered these Industries as SICK INDUSTRIES declaring not as defaulter but victims due to Violation of Contract, Negligence, Fraudulent Activities, Malpractices of Bank Officials including Policy Maker. And due to lack of Accountability .which are no more hidden matter .
    Although The INDUSTRIAL ENTERPRENEUR of Bangladesh are looking desperately for JUSTICE but the same have been closed for unknown reason. To serve the purpose of vested interest..
    Industrial Entrepreneur of Bangladesh are completely deprive of Legal Right due to enactment ARTHA RIN ACT ACT ( Money Landing Act ) on 1989 which were amended several time till 2007 and Bankruptcy Act on 1997 treating the INDUSTRIAL ENTRPRENEURS OF PRIVATE SECTOR as like as SLAVE of Primitive Age.

    But these laws are not applicable in Nationalized Sector where Billions of Dollars are invested with no result.
    Total outstanding Defaulted Bank Loan are about 60 to 70 % lying with Government Sector / Nationalized Concern ,
    And less then 10 % Bank loan are lying with Small & Medium Size Industries of Private Sector & Bank Official can explain well about the balance of the remaining out standing Loan.

    LAW OF TORTS ARE MOST COMMON LAW in USA , EUROPE or AUSTRALIA and in our SOROUNDING COUNTRIES EVEN , BUT NOT APPLICABLE IN BANGLESH YET DUE TO WHICH BANGLADESH HAS BECOME A HEAVEN FOR REPRESSION / EXPLOITATION BY BANK OFFICIAL AND POLICY MAKER INCLUDING AGENCIES .

    INDUSTRIAL ENTREPRENEUR OF PRIVATE SECTOR CAN NOT CLAIM ANY COMPENSATION OR SET OFF on the Suit filed by the Bank Official or Loan Giving Agencies FOR VIOLATION OF CONTRACT, NEGLEGIENCES, MALPRACTICES, including fraudulent activities of Bank officials instead of huge loss and damages although Bangladesh is commonly known as a Democratic country & People cry for democracy for 100 year back
    As a result CONDITION OF SICK / DISTRESSED INDUSTRIES are in deplorable now due to lack of accountability of Bank Official / Policy Maker & due to restriction as per SECTION NO 18 ( 2) & ( 3 ) of ARTHA RIN ACT allowing total indemnity to Bank Official / Loan Giving Agencies . These have been done to hide out existing high profile malpractices, corruption and negligence as per opinion of Expert Personals at organizational level depriving the Industrial Entrepreneur from Justice like those of common people.
    Industrial Entrepreneur have no legal right to protect themselves and from the oppression of Bank Official & Policy Maker which are no more hidden matter rather a part of deep rooted conspiracy till date and also from OPPRESSIVE LAW

    Bank official have given absolute Indemnity for Violation of Contract , Negligence Malpractices & Fraudulent Activities
    Industrial Entrepreneurs can file a separate suit for compensation in separate CIVIL COURT CREATING MORE complicacy for life long litigation WITH OF NO RESULT due to restriction to obstruct or resist any order / decree of ARTHA RIN ACT / COURT by any other DECREE OR ORDER OF OTHER COURT or even of by HIGHER COURT. THE RIGHT OF EQUITY OF LAW HAVE COMPLETELY BEEN DENIED TO THE INDUSTRIAL ENTREPRENEUR OF PRIVATE SECTOR IN BANGLADESH

    Sections 12, 12 ( khan ) 18 ( 2 ) & (3 ) 19, 20, 21, 34,40, 41, 42, 44, 47 and 50 of ARTHA RIN ACT are directly repressive types violating of ARTICLE NO : 8, 15, 26 and 27 of BANGLADESH CONSTITUTION and self contradictory to the policy of Government to resist Malpractices and Corruption and Privatization programmed ax Mentioned in Industrial Policy adopted time to time having no force of law at all.

    Now there are no other alternative way but to draw the kind attention of Concerned Authority Including International Community / Organizations seeking help for JUSTICE and Support to save & protect the OWNER OF SICK OR DISTRESSED INDUSTRIES OF Bangladesh under Private Sector, including their properties from such deep rooted conspiracy and oppressive laws as well to protect the interest of large number of workers, staffs of the Private Sector and also for CHANGE of such oppressive laws to restore Accountability of Bank Official / Loan Giving Agencies including Policy Maker to ensure for National Interest

    ( A ) – Humble appeal before the Government of Bangladesh to kindly allow Industrial Entrepreneur to claim Set Off or Compensation on suit filed by the Bank or loan Giving Agencies. or allow to Run Compensation Suit Simultaneously with suits file by Bank Officials under ARTHA RIN ACT with equal opportunity and equal right.

    ( B ) – All suits of Artha Rin Court may kindly be transferred to Civil Commercial Court providing Equal Right and Opportunity to prove and fix up the actual responsibility immediately .

    (C)- Considering the Heavy loss and Damages of Government Registered and Identified SICK INDUSTRIES of 1992 & 1996 of Private Sector since last 25 years due to Non-Banking Activities of Bank Officials and Policy Maker may kindly be allowed 100 % weaver of all type of Bank loan liabilities to minimize their heavy loss and damages to certain extent

    ( D )- The system of mortgage of Land & Properties from the Industrial Entrepreneur by Bank or any Loan Giving Agencies as Securities are mostly responsible for Malpractices and ever growing Corruption & Malpractices including Fraudulent Activities in Banking Sector, which are now proven matter and may kindly be completely abolished at earliest possible time to ESTABLISH ACCOUNTABILITY and check Malpractices, Fraudulent Activities which are now growing by large in Banking Sector or other Loan Giving Agencies.

    ( E ) – And the above mentioned Sections 12, 12 ( khan ) 18 ( 2 ) & (3 ) 19, 20, 21, 34,40, 41, 42, 44, 47 and 50 of ARTHA RIN ACT may kindly be abolished immediately to restore accountability & check against existing Negligence , Malpractices & Fraudulent Activities of Banking Sector.

    (F) – And Section 28 ( Ka ) of BANKING COMPANY of 2001 which explain WRITTEN OFF does not mean Weaver were enacted to misguide the International Community & Bangladesh National so as to serve the interest of the Vested Group & to hide out the above

    ( G ) – It would be an extreme favors if your good self kindly collect the PRINTED COPIES OF THE ABOVE MENTION LAWS for confirmation of mentioned facts .& to help the Suffering Groups by circulating this appeal among Honorable Member of your Organization and Partner’s Organizations & to Publish in WEBSITES or News Bulletin or News Media, Electronic Media of your territory to bring to the knowledge of Concern Authority including International COMMUNITY OR ORGANIZATIONS working for HUMAN RIGHT & FUNDAMENTAL / Democratic Right of People to prevent legal abuse for immediate help and support to protect the Owner of the Sick Industries / Distressed Industries of Bangladesh and their properties from such OPPRESSIVE LAWS for which they all would be ever grateful as well for change of all types of oppressive laws restoring accountability at all organization of Bangladesh.

    ********* N.B. the Summery of above mentioned Section of Artha Rin Act at a Glance:

    (A)- In section 18 ( 2 ) & ( 3 ) Defendant or Owner of Industries will not be able to claim any set – off or to make counter claim against the Bank or Bank Official nor will be allowed to claim any Compensation by submitting any Suit against Bank ( Plaintiff ) analogously or simultaneously in Artha Rin Court due to violation of contract, fraudulence activities including negligence, malpractices of Bank officials.
    (B)- Section 21: Settlement Conference between Borrower and Bank is a misnomer of Law of Arbitration or just to divert the attention of common people in the name arbitration or to make everybody fool .
    (C) -As Per Section 19 (6) of Artha Rin Act of 2003 no suits can be declared to be dismissed or discharged for default or above mentioned fault of Bank Official. As per Section 20 regarding any order or proceedings of Artha Rin Act can not be raised to Higher Court or to any Other Superior Authority without paying 50 % of claimed or Decretal Amount if the order is totally misleading or against any law or illegal one even .
    (D) – As per Section 34 Defendant or the Owner of Industries in Artha Rin Adalat Case can be put to the Jail for compelling or forcing him to pay the Bank Money without considering the fault or negligence’s of Bank Official without allowing him to proof the matter of violation of contract, fraudulence activities , negligence, malpractices of Bank officials. V- As per section 41 and 42 -The Owner of Industries are not allowed to file any appeal or revision to High Court or Superior Court against any order of Artha Rin Court without paying 50 % of the claimed amount or Decretal amount in advance , But the Bank Official are not require to pay any amount in advance in the Higher Court, allowing A Great Disparity of Law and Justice.
    (E) – Under section 47 and 50 , The learned Court under Artha Rin Act of 2003 have been bared to make any exemption of principal loan amount for Violation of Contract , Negligence’s Malpractices, including fraudulent activities or any fault of the bank official uni laterally

    (F)- Section 12 ( Kha ) Imposed a bar for filling write petition to Higher Court which are direct violation of human right and constitutional right of the citizen and reflects the negative attitude of Policy Maker and the Law Maker .

    Suffering Groups of Industrial Entrepreneurs of Bangladesh

  2. 2 Suffering group January 22, 2009 at 9:14 am

    SUB : AN APPEAL FOR JUSTICE TO SAVE FROM OPPRESSIVE LAWS

    Dear Sir,
    From 1972 after independent, Bangladesh Nationals started to establish Industries investing family resources ,using Innovative Technology as self earner to achieve Economic Freedom & to create jobs for millions of unemployed when almost everything was damaged due to Liberation War and These Entrepreneurs are commonly know as 1st ( first ) Generation Industrial Entrepreneur of Bangladesh
    Government also started to help these fast growing PRIVATE SECTOR INDUSTRIES AS IMPORT SUBSITUTES and for EXPORT having fund from International Loan Giving Agencies which were distributed through different Banks from 1979
    Unfortunately the Owners of these Industries became helpless victims of deep rooted conspiracy, continuous harassment and Anti Propaganda. The Bank officials refrain themselves from ascertaining production capacity of imported machineries and to provide required working capital loan in time extending non-cooperation harassment, negligence and fraudulent activities. And all these have been done willingly just to jeopardize the Government Industrial policy as well to terrorize the Owners of Industries of Private Sector finally to occupy the Mortgage Properties of the owner of the Industries under Private Sector. s
    Due to such activities Hundreds and Thousands of Industries were destroyed by Bank Officials and Policy Maker.
    Over and above capitalizing the Illiteracy, Ignorance and Extreme Poverty of vast majority of Bangladesh Citizens .Most of these laws were forced upon the Citizen including, Owner of the Industries of Private Sector in co-operation with their alliances who are busy to convert Bangladesh a Bottom less Basket Again
    Due to such activities most of the Industries have became in-operatives and have lost their Cash Capitals, Expatriate Capabilities and became helpless victims of oppressive laws. Due to absence of minimum accountability from Banking Sector to the office of Land Survey Departments .
    In 1992 & 1996 Government of Bangladesh identified and registered many Industries as SICK INDUSTRIES declaring not as Defaulter of Bank Loan but victims of Violation of Contract , Negligence , Fraudulent or Malpractices of Bank Officials. And Policy Maker due to Lack of Accountability. And the matter of Lack of Accountability at every stage of Bangladesh is no more a hidden Matter.
    THE HELPLESS OWNERS OF INDUSTRIES ARE LOOKING FOR JUSTICE, BUT THE DOOR OF FAIR JUSTICE ARE CLOSED Due to Enactment of a Law Know as ARTHA RIN ADALAT ACT ( Bank Loan Recovery Act ) on 1989 which were amended on 2003 and 2007 .
    Bank Ruptcy Acts were also enacted on 1997 depriving the Owners of Industries under Private Sector from not only basic right but also from fair justice like those of Colonial Period WHEN THE HANDS OF THE PRODUCER AND TECHNICIAN OF MOSLIN FABRICS ( which were only produced in Bengal of undivided INDIA) were cut down to stop production of Finest Fabrics by Bengali Technicians and Producer.

    But surprisingly the ARTHA RIN ACT are not applicable for Nationalized or State Sector .where BILLIONS OF DOLLARS are spend till today without any accountability.
    Out of Total of outstanding defaulted Bank Loans, about 60 to 70 % are lying with Nationalized / State Sector and less then 10 % are lying with Small and Medium sized Industries of Private Sector of Bangladesh. And Bank Official can explain well about the remaining of the Loan Amount.

    THE LAW OF TORTS & LAW OF CONTRACT ARE MOST COMMON LAW , BUT APPLICATION OF THE SAME ARE RESTRICTED IN BANGLADESH .
    Due to which BANGLADESH HAS BECOME A HEAVEN FOR REPRESSION / EXPLOITATION Forcing the process to increase Poverty line in Geometric Ration & also helping the process of Lawlessness and Human Trafficking .
    The Owners of Industries of Private Sector can not claim any set – off or compensation on the same suit as filed by BANK OFFICIALS or THE LOAN GIVING AGENCIES for Loan Recovery under Artha.Rin Act . for VIOLATION OF CONTRACT , NEGLEGENCES , Malpractices of Bank officials / Policy Maker.
    AS A RESULT NUMBER OF SICK / DISTRESSED INDUSTRIES are increasing in every year due to lack of accountability of Bank Officials and Policy Maker .
    BANK OFFICALS / LOAN GIVING AGENCIES HAVE BEEN ALLOWED TOTAL INDEMNITY OF LAW for violation of contract , negligence, Fraudulent Activities , . These have been done to hide out existing high profile malpractices and corruptions as per opinion of Expert Personals.

    The Owner of Industries of Private Sector have no Legal Right to protect themselves from the oppression of Bank Officials & Policy Maker and these are no more hidden matter ,rather a part of the on going conspiracy to make Bangladesh a Bottom Less Basket.

    Although in neighboring countries Like INDIA there are “ DEBT RECOVERY TRIBUNALS (DRT)”FOR LOAN RECOVERY where the Owner of Industries or Borrowers are allowed to claim Set off orCompensation in same suit as filed by the Banks or Loan Giving Agencies or Owner can run compensation suit simultaneously also .

    But in BANGLADESH Owner of Industries or Other Borrowers of Bank Money are completely deprived of any such opportunity rather provision have been to hide out corruption , negligence, fraudulent activities of Bank Officials as per opinion of Expert Personals giving TOTAL INDEMNITY OR LICIENCE FOR UNENDING CORRUPTION OR MAL PRACTICES & Violation of Contracts & negligence .,
    And Owner of Industries or Borrowers of Bank loans are completely deprived of any type of JUSCTICE. Common people are also facing another type of repression UNDER CERTIFICATE CASE for realization of Government Taxes . small loan of farmers , weavers etc ,
    Industrial Entrepreneurs can only file a separate suit for compensation in a separate Civil Court which will be a matter of life long litigation .with no result .
    As per Artha Rin Act nothing can be raised against the Order or Decree of Artha Rin Court to Higher Court and also without Payment of 50 % of the suit value or Decretal Amount,
    The door of appeal or revision are closed denying the Legal right of Owners of Industries. As per Sections 12, 12 ( kha) , 18(2) & (3) , 19, 20,21,33, 34,40,41,42,44, 47 and 50 of Artha Rin Act.
    And these are contradiction/ conflicting with ARTICLE 8, 15, 26, AND 27 of BANGLADESH CONSTITUTION AND THE GOVERNMENT INDUSTRIAL POLICY AS ADOPTED TIME TO TIME .
    There are no other alternative way , but to draw the attention of concern Authority of Bangladesh Government including PATRIOT POLITICIAN, POLITICAL LEADER , INTELLECTUAL PERSONS, LEADER OF CIVIL SOCIETY AND INTERNATIONAL COMMUNITY TO VERYFY the above and help for restoring EQUAL RIGHT for JUSTICE . and to help to Protect the Owner of Industries including Workers and Staffs of Industries who are already in Distressed Condition due to lapses of Policy Maker an Bank Officials and of the Oppressive Laws .
    And to help to restore the accountability in all organizations including BANKS & other Loan Giving Agencies for the greater Interest of Nations.
    We would also request to kindly Circulate this appeal among Honorable Members , Partners of your organizations or in your News Bulletins and in Printed or Electronic News Media for Transmission this appeal among all organizations working for suffering peoples and to come forward to PREVENT LEGAL ABUSE and OPPRESSIVE LAWS and also to consider the followings :

    1-. Humble Appeal before the Government of Bangladesh to allow Owners of Industries to claim SET OFF or COMPENSATIONS for Negligence , Violation of Contract , Fraudulent or Malice Activities in the same suit filed by Bank or loan giving agencies for recovery of Loan Money similar to DRT ( DEBT RECOVERY TRIBUNALS ) OF INDIA

    2- Considering the heavy Loss / Damages of Government Registered & Identified SICK INDUSTRIES of 1992 & 1996 of Private Sector may be allowed 100 % weaver closing all Pending Suits for recovery of Loan unconditionally .

    3- The Existing System of Mortgage of Landed Properties .for getting Loan need to be completely abolished .to remove ever growing corruption , malpractices and fraudulent Activities which exist in Banking Sector and are much Proven Facts for the greater interest. of the Nation .
    4- All pending Suits in Atrha Rin Court may kindly be transferred to Civil Commercial Court abolishing Sections 12, 12( kha) , 18(2) & 18(3), 19,20,21,33, 34,40,41,42,44,47 and 50 of Artha Rin Acts including Sections 28 ( Kha) of Banking Company Act Creating Democratic Opportunities similar to DEBT RECOVERY TRIBUNAL S ( DRT ) of INDIA for the end of JUSTICE ..
    5- And to take immediate steps to abolish the system of CERTIFICASE CASE which are nothing but abuse of LAW and worst one like that of COLONIAL RULE .

    6- It is also necessary or imperative with the change of time to omit or abolish ARTICLE NO – 47 and Article No – 144 of BANGLADESH CONSTITUTION as both are conflicting to the DEMOCRATIC SYSTEM and FREE ECONOMY CONCEPT .

    Suffering Groups of Owners of Industries of Bangladesh.


  1. 1 Bloggin’ from Bangladesh » Blog Archive » It is not as bad as it looks Trackback on July 7, 2007 at 7:14 pm

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