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Friday, December 7, 2012

ICT-BD vs the Economist? an observation..............


In an ongoing trial (judicial hearing or process) it is vital to analyze the following issues with an urgent & greater concern:
1. Can there be any justification for a JUDGE in chamber to consult any 3rd party by sharing the info of the trial concerned with who the Judge does not have any Judicial relationship (by express judicial ruling)?
 2. If the judge wishes to seek the expert opinion from any 3rd party, does the Judge obtain any written judicial permit to do so? if yes... what are the limitation? does the 3rd party sign any confidentiality agreement (CA)?
3. Can such consultation in issue be justified in carrying out through e-mail, Skype or social media (FB, LinkedIn or twitter) which are some how universally known as accessible to others by hacking or otherwise?
4. Does the judge in the above scenario, is careless in observing his / her due professionalism?
5. If so... can the judge be legally fit to sit in the trial or rule out any order or decide on the fate of others by giving any enforceable judgement?
 6. Can a media (the Economist) hold its legitimate position (Locus standi) in view of public interest to access to any info extracted from e-mail, Skype or social media by way of hacking or otherwise?
7. The origin of the info had already been accessible by loose mechanisms, can the Economist be liable for or accountable to the narrators?
8. Does the Judge have any justification to make a ruling in local jurisdiction against the Economist who is accused to have extracted the info from borderless sources (FB, e-mail, Skype etc)?
9. If in case the Judge issues any summon against the Economist, can it be amounting to 'act beyond the jurisdiction or power)?
10. if so... shall the judge be accountable in his country of jurisdiction or to the country of origin of the Economist or to the International court of justice as the issue is the borderless one? 
The above concerns shall be seriously analyzed with immediate effect but sustainable solution to protect the image of BD & its Sovereignty with Democratic spirit.

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