HC
Highway land lease: HC asks ACC to submit report on June 26
The High Court on Monday ordered the Anti-Corruption Commission (ACC) to submit a report within June 26 after investigating the graft case in connection with collecting Tk 15 crore as loan from a private bank after leasing 27 decimals of land in Uttara Azampur on Dhaka-Mymensingh highway.
Justice Md Nazrul Islam Talukder and Justice Kazi Md Ejarul Haque Akondo passed the order after hearing a writ petition.
The HC also fixed June 26 for next hearing.
Also read: HC orders to evict 43 illegal establishments on Ichamati bank
The court issued a rule asking the government to explain as to why the ineffectiveness of the authorities concerned for failing to take necessary steps against those involved in the corruption should not be declared illegal.
ACC Chairman, Bangladesh Bank governor, Bangladesh Financial Intelligence Unit and others have been made respondents to the rule.
Advocates Anik R Haque and Tamzid Hasan stood for the petitioners while Deputy Attorney General AKM Amin Uddin Manik represented the state.
Advocate Obaiyed Ahmed filed the writ petition seeking steps in this regard after attaching a report published at a daily newspaper on the title of “Looting Tk 15 crore after showing Highway on lease’.
Also read: Illegal brick kilns: HC summons DoE DG, 5 DCs on contempt of court charge
According to the writ, Golam Faruk, a fraud withdrew Tk 15 crore as a loan from a private bank after leasing 27 decimals of land at Uttara Azampur on Dhaka-Mymensingh highway.
He took the money in collusion with some dishonest employees of the bank.
When the bank authorities tried to install a notice of the bank, they came to know that it was fake as the owner of the land is identified as Jamir Ali. Attacks were carried out on Jamir by miscreants.
On April 14, Rapid Action Battalion members detained Faruk and his close aide Firoj Al Mamun alias Firoz from city’s Uttara.
HC orders to evict 43 illegal establishments on Ichamati bank
The High Court on Sunday ordered the eviction of the illegal establishments on the banks of the Ichamati river in four mouzas of Pabna occupied by 43 persons.
The HC bench of Justice Md Mozibur Rahman Miah and Justice Md Kamrul Hossain Mollah passed the order dismissing the writ petition seeking rectification of the HC verdict on the river to keep their illegal establishments on the banks of Ichamati.
The court also ordered authorities concerned to lift the stay order on the eviction.
It was stated in detail about the river boundary in the case of four rivers around Dhaka that the river boundary will be determined according to the City Survey (CS) record. And the Appellate Division has also upheld that judgment, said the court.
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On the other hand, in the case of Turag river, the Appellate Division directed to conduct a survey according to the river boundaries' CS records. In this case, there is no chance to amend the judgment of the High Court in the context of this case.
Lawyer Anik R Haque and Lawyer Rawson Alam Khan appeared for the writ petition while Lawyer Manzil Morshed for the state.
Lawyer Manzil Morshed said, "After this verdict, there was no legal impediment to the eviction of illegal establishments of 43 people from Ichamati's banks."
In 2020, 43 people filed a writ petition in the High Court challenging the notice of eviction of illegal establishments in four mouzas of Ichamati in Pabna Sadar by the Deputy Commissioner.
Following the preliminary hearing of the writ petition, on February 27 of that year, the court directed the river commission to take legal action and issued a stay order on the eviction proceedings.
After the order, the representatives of the river commission visited the spot and reported to the court. It was stated in the report that the lands occupied by the 43 writ petitioners are on the banks of the Ichamati as per the CS records.
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Later, when the court dismissed the writ petition, the 43 writ petitioners filed another writ challenging the report of the river commission. The High Court dismissed that writ petition too.
In 2020, the writ petitioners then appealed for the amendment of the judgment of the Supreme Court regarding the four rivers of Dhaka (Buriganga, Shitalakshya, Turag and Balu) in 2009. The petitioners claimed that they own the land as per RS records.
HC issues rule on extending ex- DIG Mizan’s sentence in bribery case
The High Court on Monday issued a rule questioning why sentence of suspended Deputy Inspector General (DIG) Mizanur Rahman in a bribery case should not be extended.
HC bench of Justice Md Nazrul Islam Talukder and Kazi Md Ezarul Haque Akunnd issued the rule during hearing on a petition filed by the Anti-Corruption Commission.
Meanwhile, Appellate Division chamber Justice M Enayetur Rahim upheld the bail granted by the High Court to the ex-DIG in the case during hearing on the ACC’s appeal.
Senior advocate Khurshid Alam Khan represented the ACC while advocate Mahbub Shafik appeared for the accused.
Also read: HC grants bail to former DIG Mizan
Advocate Khurshid Alam Khan said, “ Dhaka Special Judge Court sentenced him to three years imprisonment in the bribery case as per the Penal Code but he did not get punishment as per section 5 (2), of the ACC law. According to the ACC law he would get seven years Jail and we have appealed for extending the jail term.”
On February 23, Dhaka Special Judge Court-4 Sheikh Nazmul Alam sentenced Mizanur Rahman and suspended ACC director Khandaker Enamul Basir to three and eight years in jail, respectively in the case.
Later Mizan and Basir moved to the High Court against the order.
On April 13, HC granted two-month bail to Mizan against which ACC appealed to the appellate division.
The corruption case dates back to June 24, 2019, when ACC director Manjur Morshed lodged a complaint against the disgraced DIG, his wife Sohelia Anar Ratna, nephew sub-inspector Mahmudul Hasan and younger brother Mahbubur Rahman.
According to the case statement, Mizan accumulated wealth worth Tk 3.28 crore beyond his known sources of income. On the other hand, he had declared wealth worth Tk 3.7 crore in his tax statement.
Also read: Money laundering: HC to hear ACC’s appeal against ex-DIG Mizan’s acquittal
Then director of ACC, Basir, was made the investigating officer in the case.
During the probe, Mizan had accused Basir of demanding Tk 40 lakh as bribe for setting the case, prompting the Commission to appoint director Monjur Morshed as the investigating officer in the case.
At the same time, a three-member probe body was formed, led by ACC director Sheikh Mohammad Fanafillah, to look into the allegations of bribery.
On July 16, 2019, Fanafillah lodged a complaint against both Mizan and Basir. And on April 16, 2020, a Dhaka court indicted the two and directed the official beginning of the trial in the case.
Stop DJ party at educational institutions in the name of Rag Day: HC
The High Court on Sunday ordered the authorities concerned to take necessary steps within 30 days to stop DJ party, dance, bulling and obscenity at educational institutions in the name of Rag Day.
The HC bench of Justice Md Mozibur Rahman Miah and Justice Khizir Hayat passed the order after hearing a writ petition filed by a lawyer.
The HC also issued a rule asking the government to explain as to why the inaction of the authorities concerned in stopping DJ party, dance, bulling and obscenity at the educational institutions in the name of Rag Day should not be declared illegal.
Also read: DU bans 'inhuman, unethical' Rag Day
Secretaries to the Education Ministry, Information Ministry, Cultural Affairs Ministry, University Grants Commission Chairman, Vice-Chancellors of Dhaka University, Rajshahi University, Jahangirnagar University, Khulna University and Barishal University, Inspector General of Police, Director General of the Department of Secondary and High Secondary Education have been made respondents to the rule which is returnable in four weeks.
On April 7, Advocate Mohamamd Quamrul Hasan filed the writ petition.
According to the writ petition, it has been noticed recently that some educational institutions organize DJ party in the name of ‘Rag Day’ and the images and video footages of those parties go viral on social networking sites.
The teachers were supposed to guide students to build their lives with moral values but under the patronage of the educational institution such immoral activates are going on. So it is needed to stop these activities to save the next generation from this bad culture, it said.
HC to hear ACC officer Enamul's appeal, stays Tk 80 lakh fine
The High Court has accepted an appeal for hearing from Khandaker Enamul Basir who has been fired from the Anti-Corruption Commission and later sentenced to eight years in jail over a bribery case.
The court also suspended an order of imposing a fine of Tk 80 lakh for taking bribe from Mizanur Rahman, a suspended deputy inspector general of police
A single bench of Justice Mostafizur Rahman passed the order on Wednesday.
The HC has also summoned all the documents regarding the case from the judicial court, said ACC senior lawyer Khurshid Alam Khan.
On February 23, Dhaka Special Judge Court-4 Sheikh Nazmul Alam sentenced Mizanur Rahman and suspended ACC director Khandaker Enamul Basir to three and eight years in jail, respectively in the case.
READ: Suspended ACC director Enamul files bail plea
The corruption case dates back to June 24, 2019, when ACC director Manjur Morshed lodged a complaint against the disgraced DIG, his wife Sohelia Anar Ratna, nephew sub-inspector Mahmudul Hasan and younger brother Mahbubur Rahman.
According to the case statement, Mizan accumulated wealth worth Tk 3.28 crore beyond his known sources of income. On the other hand, he had declared wealth worth Tk 3.7 crore in his tax statement.
Then director of ACC, Basir, was made the investigation officer in the case.
During the probe, Mizan had accused Basir of demanding Tk 40 lakh as bribe for dismissing the case, prompting the Commission to appoint director Monjur Morshed as the investigation officer in the case.
At the same time, a three-member probe body was formed, led by ACC director Sheikh Mohammad Fanafillah, to look into the allegations of bribery.
On July 16, 2019, Fanafillah lodged a complaint against both Mizan and Basir. And on April 16, 2020, a Dhaka court indicted the two and directed the official beginning of the trial in the case.
The 100-crore heist: Writ seeks judicial inquiry into illegal transfer of govt hospital nurses
A writ petition was filed with the High Court on Sunday seeking judicial inquiry into the transfer of nurses working in various government hospitals in the country.
Supreme Court lawyers Barrister Mohammad Humayun Kabir Pallab, Barrister Mohammad Kawsar and Barrister Mohammad Majeedul Quader, on behalf of ‘Law and Life Foundation’, filed the writ petition.
It is likely to be presented before the HC bench of Justice Md Mozibur Rahman Miah and Justice Khizir Hayat in this week, said Barrister Humayun Kabir.
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At the same time, the writ petition sought appropriate legal action against the culprits and refund of Tk 100 crore transacted in the transfers by forming a judicial inquiry committee headed by a retired High Court judge.
Chairman of the Anti-Corruption Commission (ACC), Secretary of Ministry of Health and Family Welfare, Director General of Directorate General of Health Services (DGHS), Director General of the Directorate General of Nursing and Midwifery, the accused in the syndicate concerned Md Jamal Uddin and the Governor of Bangladesh Bank were made respondents in the writ petition.
According to the writ, about four thousand nurses were transferred in the three months of September, October and November last year and it has been alleged that a syndicate has embezzled around Tk 100 crore through that transfer business.
The writ also included a report published in a daily on February 7 where it is stated that a specific syndicate is conducting the nurse transfer business.
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A man named Jamal Uddin from Kushtia allegedly formed the syndicate by introducing himself as a relative of a high-ranking official of the Directorate General of Nursing and Midwifery, reads the report.
Tk 100 crore from the transfer trade was deposited in the accounts of him and his relatives from different districts.
Bribery case: Ex-DIG Mizan appeals to HC seeking acquittal
Sentenced to three years in jail in a bribery case, suspended Deputy Inspector General (DIG) Mizanur Rahman has appealed to the High Court seeking acquittal in the case.
“The copy of ex-DIG Mizan’s appeal has been received by the Anti-Corruption commission (ACC). The single bench of HC Justice Md Mostafizur Rahman is likely to hear the appeal,” said Md Khurshid Alam Khan, senior lawyer of ACC to UNB on Monday.
Earlier on February 23, Dhaka Special Court-4 judge Sheikh Najmul Alam pronounced the judgement in this case.
The court sentenced ACC director Khandaker Enamul Basir to eight years imprisonment with Tk 80 lakh fine and Mizan to three years.
Basir was sentenced three years jail term for bribery and five years jail term under money laundering act but he will have to spend five years in prison as the two punishments will be served simultaneously, said the court.
DIG Mizan was an additional commissioner of Dhaka Metropolitan Police (DMP). He was withdrawn on January 9, 2019 following the allegation of threatening a female news presenter of a private television channel.
READ: Bribery case: Judgment against ex-DIG Mizan, another on Feb 23
He had also reportedly married a woman forcibly and tortured her. Mizan allegedly picked the 25-year-old woman up in July, 2017 and then forcibly married her.
He had also implicated her in a false case whereby she was arrested and remained in jail for three weeks.
Earlier on June 24,2019 ACC director Monjur Morshed filed the case against DIG Mizan, his wife Sohelia Anar Ratna, nephew sub-inspector Mahmudul Hasan and younger brother Mahbubur Rahman.
According to the case statement, the ACC found that DIG Mizan concealed information of wealth worth Tk 3.7 crore in his wealth statement.
Then director of ACC Enamul Basir was made the investigation officer in the case.
During the investigation DIG Mizan accused Basir of claiming Tk 40 lakh as bribe for acquitting him from the charges.
Following the allegation, another ACC director Monjur Morshed was made the investigation officer in the case, withdrawing Basir.
A three-member probe body was formed led by ACC director Sheikh Mohammad Fanafillah to look into the allegations of bribery.
On July 16, 2019, Sheikh Mohammad Fanafillah filed the case over the bribery scandal against Mizan and Basir.
On April 16, 2020, a Dhaka court indicted the two and directed the official beginning of the trial in this case.
Crack down on syndicates of essential commodities, HC asks govt
The High Court on Tuesday directed the government to take immediate legal action against syndicates and hoarders of essential commodities.
A division bench of justices Farah Mahbub and SM Moniruzzaman asked the commerce secretary, the home affairs secretary and the Bangladesh Competition Commission to submit an action-taken report by April 26.
The court passed the order in the wake of a writ petition by three Supreme Court lawyers seeking directions to set up a monitoring cell to control soybean oil prices in the market.
The bench issued a rule questioning why a regulation will not be formulated following Section 21(1) of the Competition Act, 2012, to stop syndication of essential commodities.
The court also questioned why daily commodities like rice, pulse, oil, sugar, flour and onion should not be sold through ration shops, bringing those under Open Market Sale (OMS) policy.
Advocates Syed Mohidul Kabir and Syeda Nasrin represented the petitioner’s side while Deputy Attorney General Pratikar Chakma appeared for the state.
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Seven people and entities were made respondents to the rule, including the commerce secretary, the home affairs secretary and the Bangladesh Competition Commission.
On Monday, the court said that a nexus of individuals and groups are taking advantage of inactive machinery such as regulations, policies and regulatory and monitoring bodies of the government in controlling the prices of essential commodities.
“It’s not a one-day job to control or monitor the market, so we want the machinery to be active 365 days a year and effective steps are needed to activate them,” it said.
Earlier on March 6, Supreme Court lawyers Monir Hossain, Syed Mohidul Kabir and Mohammad Ullah filed the writ petition in public interest.
The secretary of the commerce ministry, the Consumer Rights Authority and others were made respondents to the petition.
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On March 3, the three lawyers brought the issue of soybean oil price hike to the notice of HC following a report published in an English daily.
According to the report, a group of traders in Bangladesh has raised the soybean oil prices, taking advantage of the Russia-Ukraine war.
On March 2, the price of a litre of loose soybean oil was available at Tk 175 despite the fixed rate being Tk 143.
HC asks govt to pull down 130 illegal brick kilns in CHT
The High Court on Monday asked the government to raze 130 unregistered brick kilns and related establishments in three hill districts of Bandarban, Rangamati, Khagrachhari to curb air pollution.
The order was passed by the HC bench of Justice JBM Hassan and Justice Fatema Najib responding to a writ petition filed by Human Rights and Peace for Bangladesh, a rights group.
The bench also asked the deputy commissioners of the hill districts to take legal action against the owners of the illegal brick kilns there and submit a progress report on it within six weeks.
Also read: Raze all illegal brick kilns in Dhaka & adjoining districts in 15 days: HC
Advocate Manzill Murshid stood for the petitioner while Deputy Attorney General Tushar Kanti Roy represented the state.
According to Brick Manufacturing and Brick Kiln Establishment (Control) Act, 2013, no brick kiln without a license can operate in the country and the owners can be jailed for two years for violating the law.
Despite the law many run unauthorized brick kilns across the country, polluting environment.
The deputy commissioners concerned of the three hill districts recently submited separate reports regarding the illegal brick kilns.
Also read: 319 illegal brick kilns in Dhaka, 4 surrounding districts, DoE DG reports to HC
According to the reports, there are 25 illegal brick kilns in Rangamati, 35 in Khagrachhari and 70 in Bandarban. The local administration has closed down 64 brick kilns in the hilly districts.
Stockpiling of daily commodities for higher profits not acceptable: HC
A syndicate monopolising and hoarding daily commodities, including soybean oil, for extra profit is unacceptable, said the High Court on Sunday.
The HC bench of Justice Farah Mahbub and Justice SM Moniruzzaman made the remarks while hearing a writ petition seeking directions to set up a monitoring cell to control soybean oil prices in the market.
The court said some people buy more soybean oil than they need, which may lead to higher prices in the market. In the case of daily commodities including soybean oil, it is not acceptable for a syndicate to have monopoly business and stockpile products for extra profit.
Also read: HC to hear writ seeking directions to rein in edible oil prices Monday
Instructing the writ petitioners to amend the petition, the court said there can be an artificial crisis of all essential commodities ahead of the month of Ramadan. Not just soybean oil, but all essential commodities are included in the writ. Such an order should be given for the benefit of every citizen of the country.
The court also said that the Trading Corporation of Bangladesh (TCB) needs to formulate a policy on the distribution of essential commodities.
The court also set Monday for the hearing of the petition.
Advocate Syed Mohidul Kabir appeared for the writ petition in the court while Deputy Attorney General Pratikar Chakma represented the state.
Earlier on March 6, Supreme Court lawyers Monir Hossain, Syed Mohidul Kabir and Mohammad Ullah filed the writ petition in the public interest.
The secretary of Commerce Ministry, Consumer Rights Authority and others were made respondents in the petition.
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On March 3, the three lawyers brought the issue of soybean oil price hike to the notice of HC following a report published in an English daily about the hike in the price of soybean oil.
According to the report, a group of traders in Bangladesh has raised the price of soybean oil at an unusual rate, taking advantage of the Russia-Ukraine war.
On March 2, the price of a liter of loose soybean was charged at Tk 175 from the buyers in the market that is fixed at Tk 143 by the government.