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'Outgoing Cabinet may continue during polls'

Posted by bangladesh

In the Supreme Court judgement that rescinded the caretaker government provision, former Chief Justice ABM Khairul Haque said the outgoing Cabinet in a 'truncated form' may run state affairs for the parliamentary elections.

In his summary, he observed that it was 'desirable' to dissolve Parliament 42 days prior to the elections as the Constitution stipulates and during that time, all employees of the State will work under the Election Commission.

Six judges of the seven-strong Supreme Court bench that declared the 13th constitutional amendment illegal signed the full verdict on Sunday night. Justice Haque, who headed that bench, signed the 342-page judgement on Sep 13.

Based on a majority decision, the Appellate Division on May 10 last year declared illegal the 15-year-old constitutional provision that mandated an elected government to transfer power to an unelected non-partisan caretaker administration to oversee a new parliamentary election on completion of its term.

Justice Haque was the then Chief Justice who wrote his part of judgment divided into 16 points. Justices Mahmud Hossain, SK Sinha and Mozammel Hossain agreed with him. Justices Andul Wahab Miah and Nazmun Ara Sultana differed while Justice Iman Ali left the matter for Parliament to decide.

Following the judgment, the Awami League-led Grand Alliance, on June 30 last year, abolished the caretaker government system allowing general elections under elected partisans.

The court also asked Parliament to amend the Constitution to make sure that former Chief Justices or any other Supreme Court judges are not chosen as head of caretaker governments in case the system is kept for another two parliamentary elections, which the apex court observed may be held under the old caretaker government system, if the government wishes.

The signing of the full verdict followed several meetings among the Justices throughout Sunday.

This is the first time a verdict has been written in mixed languages – Bengali and English. Usually the court writes verdict in English. Justice Khairul Haque wrote the main part of the verdict in Bengali and summarised it in 16 points. Justice Ali wrote 150 pages of the verdict.

"The highest law of Bangladesh is the Constitution, which has created all the institutions of Bangladesh and designations in those and bestowed necessary power and responsibility upon them," Justice Haque said in one of his points.

"People's sovereignty, independence of the Republic, democracy and judiciary are the principal foundations of the State and the Constitution. The Constitution of Bangladesh does not approve of any deviation from democratic State system. The Supreme Court by its authority can declare any unconstitutional law illegal or cancel the law," he added.

He said empowered by the Article 142 of the Constitution, Parliament could amend any part of the Constitution. But (Parliament) cannot hamper or curtail or amend the principal foundations of the State and the Constitution, Justice Haque added.

The 13th Amendment to the Constitution in 1996 curtailed the foundations of the State and the Constitution, therefore this is a controversial law and illegal, so it will be cancelled, he further said.

The former top judge gave some directions to steer clear of complexities that may arise over the holding of national elections after cancellation of the 13 Amendment.

"The Parliament should be dissolved with a rational period of time, such as 42 days, left to the national elections. However, before the new Cabinet takes over following the elections, the previous Cabinet will assume an abridged shape and run normal and general activities of the State."

"Though the Constitution (13th Amendment) law, 1996, stands illegal, Parliament by its deliberation and decision may undertake the initiative for constituting a caretaker government afresh and under a new format against the directions given above during the time of the 10th and 11th general elections," said Haque's judgment.

The judgment went on that the government employees would be under the control of the Election Commission during the period stretching from announcement of general election schedule until announcement of the result of the polls.

The opposition has been opposing the constitutional amendment claiming that the government partly implemented the verdict, but overlooked the other part on two elections under the caretakers.

The BNP wants reinstatement of the caretaker government provision alleging that free and fair elections cannot be held under a partisan government and insists that no election will be allowed under any partisan government.

Though the caretaker government was introduced first in 1996 after movement by the Awami League and its allies, the elections in 1990 were held under an interim government.

The BNP was forced to introduce the caretaker government system through a constitutional amendment for the first time. But the system came under scrutiny as the last military-backed caretaker government, which had a three-month mandate to hold elections, managed to linger on power for two years since 2007.

The High Court announced the caretaker government system legal after several people including Advocate M Salim Ullah challenged the 13th Amendment in 2004. They challenged the decision at the Appellate Division, drawing out the order.

MPs call Biman 'a cripple'

Posted by bangladesh

Two MPs on Monday demanded action against the Chairman of Biman Bangladesh Airlines, terming the flag carrier a crippled organisation.

Taking part at a discussion in Parliament, Jatiya Party lawmaker Mujibul Haque Chunnu and Independent MP Fazlul Azim also drew the Prime Minister's attention for proper action regarding its Board of Directors.

Biman started to plunge into schedule chaos after a Boeing 747, which can carry 500 passengers, was hired from the Portuguese charter company Air Atlanta, but it left on Sept 12 before time agreed in a deal between Biman and the company.

The airline had to cancel seven of its scheduled flights in the last two days, throwing travel plans of thousands of passengers into chaos.

Shedding light on the on-going schedule disorder of Biman, Chunnu said, " Biman has become a crippled and useless organisation. The Biman Chairman is responsible for that. The whole government is being harmed because of this single person."

"Why actions are not being taken against him (the Biman Chairman)?" he asked.

He also demanded a statement from the Civil Aviation Minister Faruk Khan over Biman's overall condition. The minister, however, was not present.

"The condition of Biman is terrible. It (Biman) could not even carry cricketers to Kathmandu," Fazlul Azim said.

He also expressed his fears that Biman will fail to ferry Bangladeshi pilgrims to Saudi Arabia successfully this year.

Azim said, "The chairman (of Biman) is a mighty man, a super mighty man. Ministers come and go… They (ministers) can't do anything to him"

"He gives explanation to none. Biman is almost on the verge of collapse due to one person (chairman)," he added.

Salary of PSC Chairman, Members hiked

Posted by bangladesh

Parliament on Monday passed a bill to increase the salaries and allowances of the Chairman and Members of the Public Service Commission (PSC).

Now, the PSC Chairman's salary, allowances would be similar to that of the Cabinet Secretary and salaries and allowances of the commission Members would be similar to that of Secretaries of the government, as proposed in the bill.

The bill titled "The Members of the Bangladesh Public Service Commission (Terms and Conditions of Service) (Amendment) Bill-2012 was tabled by Agriculture Minister Matia Chowdhury in absence of as LGRD Minister Syed Ashraful Islam, who is responsible for Public Administration Ministry in the Parliament.

The bill was passed by voice vote. Earlier, amendment proposals or to send the bill to the committee for scrutiny were rejected by voice vote.

LGRD and Cooperatives Minister Syed Ashraful Islam placed the bill on Sep 4 in the House.

In the statement describing the reason and objective of the bill it was stated that salaries and allowances of public servants were increased in line with the Services (Salary Allowances) Order, 2009. "Salaries and allowances of office holders in constitutional bodies have also been hiked. So, it is necessary to increase salaries-allowances of the PSC Chairman and members as it is also a constitutional body."

Full judgment of 13th Amendment published

Posted by bangladesh

The remaining six judges of the Supreme Court bench that declared the 13th constitutional amendment illegal signed the full verdict on Sunday night, almost a year and a half after the historic judgment rescinded the caretaker government provision.

The full copy of the verdict, reached by a majority decision, was signed around 10pm following a series of meetings among the judges throughout the day.

Former Chief Justice ABM Khairul Haque and Supreme Court Registrar AKM Shamsul Islam confirmed bdnews24.com about the signing of the full verdict.

Justice Haque had signed the 342-page judgement in the Supreme Court on Thursday.

He was the top judge who headed the seven-strong bench that delivered the verdict on May 10, 2011. Justices Mahmud Hossain, Sinha and Mozammel Hossain agreed with him. Justices Wahab Miah and Sultana differed while Justice Iman Ali left the matter for Parliament to decide.

The judgement declared illegal the 15-year-old constitutional provision that mandated an elected government to transfer power to an unelected non-partisan caretaker administration to oversee a new parliamentary election on completion of its term.

In its short verdict, the apex court also observed that the rescinded system may be practised for another two parliamentary terms.

On June 30 last year, the Awami League-led Grand Alliance finally abolished the caretaker government system allowing general elections under elected partisan governments.

The court also asked Parliament to amend the Constitution to make sure that former Chief Justices or any other Supreme Court judges are not chosen as head of caretaker governments in case the system is kept for another two parliamentary elections.

This is the first time a verdict has been written in mixed languages – Bengali and English. Usually the court writes verdict in English. Justice Khairul Haque wrote the main part of the verdict in Bengali. Justice Ali wrote 150 pages of the verdict.

The main opposition BNP has been opposing the constitutional amendment claiming that the government partly implemented the verdict, but overlooked the other part on two elections under the caretakers.

The opposition insists that no election will be allowed under any partisan government. Though the caretaker government was introduced first in 1996, the elections taken place in 1990 were held under an interim government.

The BNP was forced by Awami League to introduce the caretaker government system through constitutional amendment for the first time. But the system came under scrutiny as the last military-backed caretaker government, which had a three-month mandate to hold elections, managed to linger on power for two years since 2007.

The High Court announced the caretaker government system legal after several people including Advocate M Salim Ullah challenged the 13th Amendment in 2004. They challenged the decision at the Appellate Division, drawing out the order.

Apple sells 2 million new phones

Posted by bangladesh

Apple Inc booked orders for over two million iPhone 5 models in the first 24 hours, reflecting a higher-than-expected demand for the consumer device giant's new smartphone and setting it up for a strong holiday quarter.

Apple shares rose in extended after-market trading to touch $700 per share for the first time. They have gained nearly 22 percent in the past 3-1/2 months in the build-up to the launch of the iPhone 5.

Apple said on Monday that pre-orders outstripped initial supply but it would deliver most phones as planned by Friday, the first day of delivery. Many would not be available until October, however.

It is not unusual for Apple products to sell out the first day but this time around Apple has doubled its first-day sales record. Last October, the company booked 1 million orders for the iPhone 4S, in the first 24 hours. That had beaten Apple's previous one-day record of 600,000 sales for the iPhone 4.

The strong preorders could mean a huge holiday quarter for Apple as the iPhone -- its marquee device -- accounts for half of Apple's revenue.

Apple will make initial deliveries of the iPhone 5 by September 21 in the United States and most of the major European markets, such as France, Germany and the United Kingdom. The phone then goes on sale on September 28 in 22 other countries.

Given the demand for the device so far and Apple's aggressive rollout of it internationally, some analysts raised their sales and earnings estimates.

"The pace of this iPhone 5 roll-out is the fastest in the iPhone's history and points to a big December quarter," said Barclays analyst Ben Reitzes, who expects Apple to sell 45.21 million iPhones in the December quarter, up 22 percent from last year. Reitzes said his estimates "could still be conservative."

Canaccord Genuity analyst Michael Walkley said he now expected Apple to ship 9 million to 10 million iPhone 5s from Friday to September 29, the last day of its fiscal 2012 year.

He also raised his earnings per share estimates for the September and December quarters to $44.32 from $43.25, and to $56.96 from $56.90, respectively.

Wall Street analysts on average expect Apple to earn $44.25 per share in the December quarter, according to Thomson Reuters I/B/E/S estimates.

The new phone, which will appear in stores on Friday for walk-in purchases, has a larger, 4-inch screen and is slimmer and far lighter than the previous model. The iPhone 5 supports the faster 4G network and also comes with a number of software updates, including Apple's new in-house maps feature.

Apple began taking orders for the iPhone 5 at midnight Pacific time on Friday (0700 GMT Saturday). Shipping dates for the smartphone slipped by a week within an hour of the start of preorders.

On Monday morning, Apple's US store, at www.apple.com, showed preorders placed at that time would take two to three weeks to ship.

AT&T sets sales record

Wall Street is also keeping a close eye on the supply of the smartphone.

"We still believe Apple is facing significant production constraints due to a move toward in-cell display technology, which pushes a significant amount of units into the December and March quarters," Reitzes said.

One of Apple's key suppliers for screens, Sharp Corp, is struggling with high costs and scrambling to raise funds to pay debt.

The latest iPhone comes as competition in the smartphone market has reached a fever-pitch with Apple up against phones that run on Google Inc's Android software. Android has become the most-used mobile operating system in the world, while Apple's key supplier and rival, Samsung Electronics, has taken the lead in smartphone sales.

But Apple appears to be making headway into the corporate market, a traditional stronghold of now-struggling Canadian company Research In Motion

Yahoo Inc has instituted a new corporate policy that allows employees to pick from a host of smartphones, including the iPhone 5 and Android-based phones such as Samsung's Galaxy S3. Yahoo, which previously gave out RIM's Blackberry phones, will no longer support them, according to Business Insider blog, which cited an internal memo from Yahoo Chief Executive Marissa Mayer.

Yahoo declined to comment.

AT&T, the No. 2 US mobile service provider, said demand over the weekend had made the iPhone 5 the fastest-selling iPhone the company has ever offered.

AT&T did not disclose how many iPhones it had sold, but said the iPhone 5 was still available for preorder and would go on sale September 21 at AT&T retail stores.

All the phones carriers, including Verizon Communications Inc and Sprint Nextel Corp, showed delays of up to three weeks in shipping the phone.

European carriers also reported brisk sales. France Telecom's Orange said bookings for the new phone "have been very strong, breaking the records of what we saw for the iPhone 4 or 4S." But the carrier said it could deliver preorders on time.

Analysts have forecast that Apple will have sold more than 30 million iPhones, including older models, by the end of September.