|On Rights and Remedies
A Collection of Opinions
Muhammad Habibur Rahman
ISBN 984 05 1339 7 1997 856pp 215x136mm HB Tk.950.00 US$35.00
This is a unique album of more than one hundred and seventy-five opinions on rights and remedies of the citizens of Bangladesh. The book deals with human rights under the constitution of Bangladesh and rights under the ordinary laws of the country. The prevalent practice of habeas corpus petitions and the court’s obligation to protect and uphold a citizen’s rights to life and personal liberty, citizenship of Bangladesh, rights to equality, freedom of association, freedom of expression, freedom of trade and business, parliamentary privileges, the doctrine of basic structure of the constitution, the remedies under the constitution, the rights of citizens in the service of the Republic and constitutionality and the scope of powers of the administrative tribunals, and the power of the highest court in the country to do complete justice are some of the few constitutional matters that will immediately attract reader’s attraction.
The book deals with the state’s eminent domain, power to acquire property, property rights of an individual, rights of way, rights of pasturage, rights of preemption, rights and remedies of landlord and tenants, and licensees. The book contains some decisions on matters arising out of admiralty, company and taxation. Thee chapter an court’s procedure and practice relates to injunction, rejection of the plaint, withdrawal of a suit, restoration of a case dismissed for default or decreed ex parte, power of revision, review and appeal. There are some decisions on how rights are extinguished and remedies are barred.
On crime and criminal proceedings opinions will be found on culpable homicides amounting to murder, and those not amounting to murder, death sentence, traps in corruption cases, stay of a criminal case, and the accused’s entitlement to be released on bail.
The book also deals with questions of evidence, relative importance of secondary evidence, admission, statutory presumption, proofs as to parentage, interruption of documents, the prosecutor’s burden to prove his guilt and the accused’s burden to bring home his plea in defence. There are opinions on the citizen’s rights to criticize court’s decisions and the court’s right to punish for contempt of court.
Muhammad Habibur Rahman, a former chief justice of Bangladesh, and the chief advisor of the Non-party Care-taker Government in 1996, was educated at Dhaka and Oxford. He was called to the Bar from Lincoln’s Inn in 1959.
Justice Rahman received the Bangla Academy Award for literature in 1994. He is a Fellow of the Bangla Academy and the Asiatic Society of Bangladesh, an Honorary Bencher of the Lincoln’s Inn, London and an Honorary Fellow of Worcester College, Oxford. He has authored: Law of Requisition, Yathashabda (Right Word), Koransutra (Koranic Reference), Matribhashar Sapakshay Rabindranath (Tagore for Mother Tongue), Rabindra Prabandhey Songya O Parthakyabichar (Definitions and Differentiations in Tagore’s Essays), Bachan-0-Prabachan (Idioms and Proverbs), Rabindra-Rechanar Rabinidra Byakhya (Tagore on Tagore), Rabindrabakkay Art, Sangeet O Sahitya (Tagore on Art, Music and Literature), Gangariddhi Theke Bangladesh (From Gangraiddhi to Bangladesh), Amra Ki Jabona Tader Kachhe Jara Shudhu Banglai Katha Bale (Shall we not go to those who speak only Bangla), Bangladesh Dirghojeebee Hok (Long Live Bangladesh), Teroi Bhadra Sheeter Janma (The Thirteenth Bhadra, the Winter’s Birthday), Ainer Sashan O Bicharbivager Swadhinata (The Rule of Law and the Independence of Judiciary) and The Rallying Power of Law.