Govt takes cognisance of HRW concerns

Law, Justice and Parliamentary Affairs Minister Md Asaduzzaman said that the government had taken into cognisance the concerns raised by Human Rights Watch (HRW) over proceedings at the International Crimes Tribunal (ICT) and would examine the issues through due process.

Speaking to reporters after the signing of separate memoranda of understanding on legal aid with BRAC and BLAST at the Secretariat on Thursday, the minister said the government would not ignore the observations made by the US-based rights organisation.

"If they make such observations, it is our responsibility to take them into cognisance and examine the matter. Whatever requires investigation, we will investigate. We are neither ignoring their observations nor saying at this stage whether they are right or wrong," he said.

He added, "Whatever complaint they have made, we are taking it into cognisance for investigation."
His remarks came after HRW alleged that the authorities were failing to maintain international legal standards in the ongoing proceedings of the International Crimes Tribunal.

Responding to another question, the minister said the government was continuing efforts to secure the return of ousted prime minister Sheikh Hasina from India and that the law would take its own course if she returned to Bangladesh.

"How do you know the Foreign Ministry is not trying to extradite her? Of course, it is trying," he further said.
Referring to media reports quoting Sheikh Hasina as expressing her intention to return to Bangladesh, the minister said that if she chose to surrender before the country's courts, law enforcement agencies could arrest her before the surrender process.

"If a convicted person who is a Bangladeshi citizen wants to surrender out of respect for the laws of Bangladesh, he or she may be arrested before surrendering. But that person has the right to surrender. When she returns, the law will take its own course. We will not do anything outside the law. We will exercise only the authority given to us by law," he added.

The minister also disclosed that the government was preparing amendments to the Transfer of Property Act to allow parents to retain possession and usufruct rights over property during their lifetime even after transferring ownership to their children.

He said the proposed amendment aimed to address a growing number of family disputes in which parents became financially dependent on their children after gifting property through heba.

"Under the existing heba system, parents immediately lose control over their property after transferring it. If the children later neglect them, they are left helpless," he again said.

The proposed reform, based on principles recognised in a 1963 judgment of the Supreme Court of Pakistan, would enable parents to retain lifetime possession and enjoyment of gifted property.

Under the proposal, neither the parents nor the children would be able to sell the property unilaterally while the parents remained alive. However, the minister said the District Judge would be empowered to authorise a sale in exceptional circumstances, such as where medical treatment required disposal of the property and the child withheld consent.

He expressed hope that the amendment would substantially reduce property-related civil litigation and help resolve many family disputes.

The minister said the government was also strengthening the Alternative Dispute Resolution (ADR) mechanism to reduce the country's mounting judicial backlog.

He said partnerships with BRAC and BLAST would expand mediation and legal aid services alongside government initiatives, thereby reducing the number of new cases reaching the courts.

Urging the judiciary to make greater use of ADR, he said suitable pending disputes should be resolved through mediation wherever possible.

"The government is ready to undertake the necessary legal reforms to make the ADR system more effective," he said.
Asked about the presidential election, Asaduzzaman said the matter had not yet been discussed by the government.
Citing the Constitution, he said a new President must be elected within 90 days of the office falling vacant.

"As the Constitution provides 90 days and the next parliamentary session must be convened within 60 days of the previous session, I do not see any immediate necessity for a special session. However, if the government considers it necessary, it can certainly convene one," he said.