BOYCOTT BANGLADESH

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AS GOES SHOAIB CHOUDHURY, SO GOES BANGLADESH. THANK YOU ALL VERY MUCH FOR YOUR KIND SUPPORT.

The following is an excerpt from the article “Here is the Latest Information About Salah Uddin Shoaib Choudhury” written by Dr. Richard Benkin (for the full article please go to: www.InterfaithStrength.com ):

“Shoaib returned to court on August 31 for the trial’s third day. The government witness was to give his response to questions posed on cross examination. He did not show, and the prosecution filed a “time petition”: more time for the witness to respond. We should hope after five years of supposedly having the answers, three weeks plus was enough time. I urged that defense to oppose the move, but I am not sure what happens. Also, it is possible that the government wants to bend over backwards to show that it is not pushing the acquittal but if it comes, acquittal will be the result of the Bangladeshi law. Still, more time seems highly improper given all the time that has passed already.

The witness did show the next day, and the cross examination proceeded. The defense asked a number of questions that were designed to impeach the witnesses credibility. The questions focused on matters of fact that have been alleged, and the witness was unable to respond knowledgeably to any of them. On a matter critical to the prosecution’s case, the defense asked the witness for examples of words by Shoaib that “hurt the image of Bangladesh,” as he alleged in his previous testimony. He was unable to do so–which makes sense given the fact that Shoaib has not hurt the image of Bangladesh, that the nation’s Army Chief and others have stated publicly that there is a problem in the country of radical Islamist terrorists, and that the witness has been sent to parrot a series of false and unsupportable charges against Shoaib.

The trial has been going so well, and the judge has been quite professional throughout that Shoaib contacted me and expressed his happiness at the trial’s impartiality thus far. His attorneys also feel confident that the case is going very well according to Bangladeshi law. In fact, as I told several key individuals in the US and Bangladesh; an acquittal a this point only vindicates the Bangladeshi judiciary and indicates that it will continue to handle these cases with impartiality and professionalism. It is also becoming clear that this government offers far more in the way of justice than either of its political predecessors, the Bangladesh Nationalist Party or the Awami League. The next court date is October 5.”

Dear friends,

We received the following comment to the article “Why Are We Boycotting Bangladesh?” and found it so compelling that we decided to post it as an article. Our thanks to the author(s): Suffering Groups of Industrial Entrepreneurs of Bangladesh.

Suffering Groups [of Industrial Entrepreneurs of Bangladesh]:
August 27th, 2008 at 4:47 am e

APPEAL FOR JUSTICE TO SAVE FROM OPPRESSIVE LAWS

Dear Sir

From 1972 after independent many of the Bangladeshi Citizens started to Established Industries investing family resources & adopting innovative technology as self earner & to create job opportunity for million of unemployed person and to achieve economic freedom. And Government also started to help these growing PRIVATE SECTOR INDUSTRIES having fund from International Loan giving Agencies, through different Bank. From 1989.
But the Industrial Entrepreneurs becomes victims of deep rooted conspiracy .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 receive back their money if any Entrepreneur decided to pay back the loan amount..

Due to Such conspiracy & negligence’s , Non Banking Activities of Bank Official & Policy Maker, most of the these Industries became inoperative & have lost their Cash Capital, Expatriate Capabilities, and helpless victims of such deep rooted conspiracy having similarity to :
HISTORY WHICH REMIND US THAT THE HANDS OF THE TECHNICIAN OF MUSLIN FABRICS “ ,THE FINEST QUALITY FABRICS WHICH WERE EVER MADE IN BENGAL ONLY “ WERE CUT DOWN BY THE THEN COLONIAL RULER OF UNDIVIDED INDIA.”

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 of Violation of Contract, Negligence, Fraudulent Activities, Malpractices of Bank Officials including Policy Maker due to lack of Accountability .which are no more hidden matter . But unfortunately the SICK INDUSTRIES REHABILITATION CELL has are now closed. & have no power to help Industries of private sector

Industrial Entrepreneur of Bangladesh are completely deprive of Legal Right due to enactment of BANKRUPTCY ACT of 1997 and ARTHA RIN ACT of 1989 which were amended on 2003 and 2007 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 Dollar are invested with no result.

LAW OF TORT MOST COMMON LAW even in neighboring countries not to speak of USA , EUROPE or AUSTRALIA, BUT NOT APPLICABLE IN BANGLESH YET DUE TO WHICH BANGLADESH HAS BECOME A HEAVEN FOR REPRESSION / EXPLOITATION BY BANK OFFICIAL AND POLICY MAKER.

The Owner of Industries under Private Sector can not CLAIM ANY COMPENSATION OR SET OPF on the Suit filed by the Bank Official or Loan Giving Agencies FOR VIOLATION OF CONTRACT, NEGLEGIENCES, MALPRACTICES, including fraudulent activities As a result NUMBER OF SICK / DISTRESSED Industries are increasing in Every Year due to lack of accountability of Bank Official / policy maker due to restriction as per SECTION NO 18 ( 2) & ( 3 ) of ARTHA RIN ACT of 2003 Bank Official / Loan Giving Agencies have been allowed total indemnity in all respect . These have been done to hide out existing high profile malpractices and corruption as per opinion of Expert Personals at organizational level .

Industrial Entrepreneur have no legal right to protect themselves from the oppression of Bank Official & Policy Maker which are no more hidden matter rather a part of deep rooted conspiracy till date

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 as per Section 12, 12 ( khan ) 18 ( 2 ) & (3 ) 19, 20, 21, 34,40, 41, 42, 44, 47 and 50 of ARTHA RIN ACT. WHICH ARE COMMONLY KNOWN AS OPPRESSIVE LAW and direct violation of ARTICLE NO : 8, 15, 26 and 27 of BANGLADESH CONSTITUTION ?

And similarly the Door of Higher Court have also been closed for the Industries Owner imposing terms for advance deposit of 50 % of decreetal amount by the ARTHA RIN COURT which are not applicable upon any Bank or Loan Giving Agencies. These are few example of oppressive laws how the citizen in Bangladesh are repressed, depriving legal right by the policy maker miss -guiding the innocent or ignorant vast majority of Citizen of Bangladesh to protect the interest of vested group

Now there are no other alternative way but to draw the kind attention of Concerned Authority Including International Community / Organizations seeking help 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 ) - Our humble appeal before the Government of Bangladesh to kindly allow Industrial Entrepreneur to claim Set Off or compensation on suit filed by the Bank / loan Giving Agencies. or allow to Run Compensation Suit Simultaneously with suits file by Bank Officials under ARTHA RIN ACT -2003 with equal opportunity and equal right between Banks / Loan Giving Agencies and of Industrial Entrepreneurs keeping similarity with on going process of ECONOMIC and ADMINISTRATIVE ,REFORMS PROGRAMME OF Bangladesh to maintain balance of law .

( B ) - Or 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 .

(C)- The Identified and SICK INDUSTRIES of 1992 & 1996 may kindly be allowed 100 % weaver of all type of loan liabilities as the loan have been already Written Off in support the current REFORMS

( D ) - And the above mentioned SECTIONS OF ARTHA RIN ACTS should be abolished immediately to restore accountability & check existing Negligence , Malpractices & Fraudulent Activities of Banking Sector to secure accountability and reduce the increasing number of Sickness of Industries Every Year.
More surprising are in this moment around 40,000 thousand suits have been filed by the banks in the Court for recovery of bank loam of this poor country , but no body speaks why such large numbers of Industries in Private Sector are getting more & more sick in each year

( E ) – And Section 28 ( Ka ) of BANKING COMPANY of 2001 which explain WRITTEN OFF does not mean Weaver.
Which simply to misguide the International Community & Bangladesh National so as to serve the interest of the Vested Group

( F )- The system of mortgage of Land & Properties from the Industrial Borrowers by Bank or any Loan Giving Agencies should also be complete abolished at earliest possible time to ESTABLISH ACCOUNTABILITY and Check Malpractices, Fraudulent Activities which are now growing by large in Banks or other Loan Giving Agencies and a major reason of Industrial Sickness .

( G ) - It would be an extreme favors if your good self kindly collect the PRINTED COPIES OF THE ABOVE MENTION LAWS for confirmation of above mentioned .& 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 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

********* N.B. the Summery of above mentioned Section of Arthatha Rin Act at a Galance:

(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