A few weeks back, the celebrity heiress Paris Hilton went in and out of jail and the media lapped up her every move. We learnt about her diet, beauty regimen, ‘mysterious’ illness and even her remorse. Paris herself made the best of this opportunity and promised to pen a jail diary, to be sold to the highest bidder. Bangla blogger Konfusius followed the entire event with keen interest and wondered why Bangladeshi celebrity politicians fail to inspire such media frenzy, even as many of them head for incarceration. Does the Bangladeshi media then lack a sense of humor? He asks.
While Paris was busy penning her diaries, two famous literary personalities were creating a buzz in the Bangla blogosphere, creating a debate around the right of freedom of expression.
Novelist Salman Rushdie was honored with a knighthood, sparking protests in parts of the Muslim world. The sparks touched the Bangla world as well. Blogger Apbak found these protests by religious fanatics shameful. He felt that by undertaking such protests and launching fatwas at the slightest pretext, the Muslim community was getting more and more alienated and the inherent goodness of Islam was being forced to take a backseat.
Bangladeshi Author in exile, the fiery Taslima Nasrin's article “Tumi bhalo theko priyo desh” (Keep well, my dear country) started a conversation among bloggers, debating whether or not the ban on her should be lifted. Tariq, for one, felt that she should be allowed to return to Bangladesh, her homeland.
And talking of freedom of expression, it seems that the Bangla blogosphere needs more space to express itself. Breaking away from Somewherein, a group of Bangladeshi bloggers have launched a new blogging platform Sachalayatan . According to Arup, the space would be more like an online magazine, with contributors being given their own blog spaces. Currently however, the platform does not allow comments by all readers and is being strictly moderated. Will wait and watch to see how conversations develop in this newly created space.
An appeal to save from Oppressive Law
Bangladesh in South East Asia with total Population of 150.00 million among them more then 40 % of population are living below Poverty line and are increasing steadily & with about 2 % yearly Growth Rate. Available Land Area is less then IOWA STATE of USA and number of unemployed are more then about 30 million approximately. From 1972 after Independence many of the Bangladesh Citizens as self earner started to establish small & medium size Industries investing family resources to achieve Economic Freedom through Innovative Technology and to create job for millions of un employed people as well as to produce products or commodities to substitute the imported products and for export too.
Later on Government also started to support these Industries out of fund received from International Loan Giving Organization
But unfortunately the Government Bank Official started to harass these Entrepreneur of Private Sector extending total non-co-operation and refrain themselves from completing appraisal of PRODUCTION CAPACITY of machineries or supplying working capital year after year throwing almost all these Industries out of production which are known to all corner and no more hidden matter.
Due to which the owners of Sick Industries have lost their Cash Capital, Expatriate Capabilities, and became helpless, & victims of deep rooted conspiracy to futile or destroy the Private Sector Industries of Bangladesh from the beginning
In 1992 & 1996 these Industries were Identified and Registered by the Government of Bangladesh as SICK INDUSTRIES as victims of Violation of Contract, Negligence, Fraudulent Activities, ,Malpractices including Abuse of Power of Bank Officials including some of the Policy Maker etc.
Owner of Private Sector Industries are now completely deprived of LEGAL RIGHT due to enactment of BANK RUPTCY ACT in 1997 and ARTHA RIN ACT of 1989 – 1990 period and as amended on 2003 and on 2007 treating the INDUSTRIAL ENTRPRENEURS OF PRIVATE SECTOR as like as SLAVE of primitive age.
But these Laws are not yet applicable for NATIONALIZED / GOVERNMENT SECTOR WHERE AROUND MORE THEN 60 % of the Bank money are lying & Millions of US Dollar are spent for these organization
AND IN BANGLADESH THERE ARE NO PROVISION FOR APPLICATION OF LAW OF TORT ALTHOUGH APPLICATION OF LAW OF TORT are most common Law in every COUNTRY INCLUDING neighboring countries like INDIA not to speak of USA , EUROPE or AUSTRALIA DUE TO WHICH BANGLADESH HAS BECOME A HEAVEN FOR REPRESSION BY OFFENDERS, WRONG DOERS.
ABSENCE OF APPLICATION OF TORT LAW ARE ALSO RESPONSIBLE FOR MOST OF THE ANAMOLIES AND LACK OF ACCOUNTIBILITY AT ALL LEVEL helping the process to increase the number of poor people steadily . . .
In Bangladesh INDUSTRIAL ENTREPRENEUR CAN NOT CLAIM ANY SET OFF or COMPENSATION FOR VIOLATION OF CONTRACT, NEGLEGIENCES, MALPRACTICES, FRADULENT ACTIVITIES, ABUSE OF POWER BY BANK OFFICIAL or POLICY MAKER ON THE SUIT FILED BY BANKS for realization of Bank Loan BUT THESE ARE WIDELY APPLICABLE IN EVERY COUNTRY INCLUDING NEGHBOURING CONTRY LIKE INDIA.
WHICH ARE DIRECT VIOLATION OF CONSTITUTIONAL RIGHT OF A CITIZEN of Bangladesh allowing total immunity to the Bank official although their malpractices. Negligence’s etc are no more hidden matter like other. Government offices
In Bangladesh Industrial Entrepreneur of Private Sector can only file a separate suit for compensation in separate court under common civil law spending much money of this poor country as well as spoiling valuable time or busy hour of the Judges of the Court, creating more complicacy for life long litigation with of no result due to absence of TORT LAW
The above mentioned Laws have been enacted TO HIDE OUT EXISTING HIGH PROFILE CORRUPTION, FRADULANT ACTIVITIES , NEGLEGIENCIES WHICH EXIST IN BANKING SECTOR OF BANGLADESH AND ARE COMMONLY KNOWN AS OPPRESSIVE LAW and direct violation of ARTICLE No : 8, 15, 26 and 27 of BANGLADESH CONSTITUTION
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THE RIGHT OF EQUITY OF LAW HAVE BEEN DENIED TO THE INDUSTRIAL ENTREPRENEUR of Private Sector of BANGLADESH as per Section 12, 12 ( kha ) 18, 19, 20, 21, 34,40, 41, 42, 44, 47 and 50 of ARTHA RIN ACT giving total indemnity to the Bank Officials where there exist no accountability at all .
( ******* Details of above sections of ARTHA RIN ACT in short have been given as below including SECTION 29 of Banking Company Act, )
And similarly the Door of Higher Court have also been closed to the Industries Owner imposing terms for 50 % amount of as claimed amount in advance which are not applicable upon any Bank or Loan Giving Agencies. Like DFI and Micro Credit Operator baring to file WRIT PETITION even
And in the BANKRUPTCY ACT of 1997 The Industrial Entrepreneurs are treated as a Slave by the appointed RECEIVER.
These are example of few of the oppressive laws how the citizen are repressed depriving legal right by the policy maker / law maker miss – guiding the innocent or ignorant vast majority of the country very cleverly
SUCH TYPE OF OPPRESSIVE LAWS are also responsible for large scale MALPRACTICES, CURRUPTION , FRADULENTS ACTIVITIES everywhere which have destroyed the National Image worldwide.
Now there are no other option open but to draw the kind attention of Concerned Authority Including All International Community / Organizations seeking help to save and protect the OWNER OF SICK INDUSTRIES OF Bangladesh under Private Sector, including their properties from such oppressive laws as well to protect the interest of large number of workers, staffs of the SICK INDUSTRIES of Private Sector.
And the existing Bank Suits under above laws may kindly be transferred immediately to CIVIL COMMERCIAL COURTS for open trial with equal opportunity and equal right of both the Banks / Loan Giving Agencies and of Industrial Entrepreneurs /Borrowers for fixing up the responsibility and liabilities of the Parties keeping space with on going process of ECONOMIC and POLITICAL REFORMS PROGRAMMES OF GOVERNMENT before much more Damages incurred or people lost total faith upon the JUDICIARY causing irreparable loss or damages to whole nations
And the above mention SECTIONS OF ARTHA RIN ACTS should be abolish including Section 28 ( Ka ) of BANKING COMPANY ACT AS AMMENDED on 2001 by the VESTED CIRCLE with a malice intention to terrorize or to demolished the decision of Government for the advancement of PRIVATE SECTOR
It would be highly appreciate if your good self also kindly collect the PRINTED COPIES OF THE ABOVE MENTIONED LAWS for confirmation of facts.& to help the suffering groups by circulating this appeal among Honorable Member of your Organization and Partner’s Organizations and Publish the WEBSITES or News Bulletin or News Media,Electronic Media of your territory to bring to the knowledge of Concern Authority including International COMMUNITY / ORGANIZATION working for HUMAN RIGHT & FUNDAMENTAL / Democratic Right of people for immediate help and support to protect the Owner of the Sick Industries of Bangladesh and their properties from such OPPRESSIVE LAWS for which they all would be ever grateful .
*** N.B. the Summery of above mentioned Section of Arthatha Rin Act at a Galance:
!- In section 18 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.
11. – 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.
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111- – -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 .
1V- 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 of 2003 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.
V! – 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
V11- 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 the law maker
Suffering Groups of Industrial Entrepreneurs of Bangladesh