Supreme Court
SC upholds death sentence in Dr. Nazneen murder
The Supreme Court on Monday upheld the death sentence to a man in a case filed over the killing of Dr Nazneen Akther of Labaid Specialised Hospital and her domestic help in 2005.
The six-member virtual bench of the Appellate Division led by chief justice Syed Mahmud Hossain passed the order after rejecting a petition.
Advocate ABM Bayezid stood for the petitioner while Deputy Attorney General Biswajit Debnath represented the state.
Also read: Murder of wife: Bangladesh’s top court commutes sentence of husband
According to the prosecution, Aminul, then a college student and also a nephew of Dr Nazneen’s husband Asaruzzaman, stabbed the doctor to death over a dispute on March 7, 2005.
He also killed her domestic help Parul, who witnessed the murder.
Later, Aminul went into hiding. A case was filed with Dhanmondi police station.
Police arrested Aminul from Faridpur district.
Also read: SC commutes death sentence of a father over killing his minor son
In 2008, a Speedy Trial Tribunal sentenced Aminul to death in the double murder case.
In 2013, The High Court also upheld the death penalty.
Aminul filed an appeal petition against the HC order which was also rejected by the Supreme Court.
Murder of wife: Bangladesh’s top court commutes sentence of husband
The Appellate Division of the Supreme Court on Monday commuted the sentence of a death-row prisoner to life in jail for killing his wife in Nilphamari in 2006.
The six-member virtual bench of the Appellate Division, led by Chief Justice Syed Mahmud Hossain, passed the order following an appeal petition filed by the convict.
Also read:HC asks police investigators: Explain allegation of forced murder confession from a minor
The SC also fined convict Swapan Kumar of Kushtia Tk 5,000 to, and asked the authorities concerned to shift him to a normal cell from the condemned one.
Additional Attorney General Sheikh Mohammad Morshed stood for state while Advocate Khandaker Mahbub Hossain appeared as the defence counsel for free.
According to the prosecution, Swapan killed his first wife Swapna Ghosh, 35, hitting her in her head over a family feud in Syedpur upazila of Nilphamari district on October 16, 2006.
On October 28, police filed a case against Swapan and arrested him. On November 18, 2008, Nilphamari District and Sessions Judge sentenced Swapan to death.
Also read: HC refuses bail to another 3 accused in Sinha murder case
On April 9, 2014, the High Court upheld the lower court verdict.
Later, Swapan filed a petition to the Appellate Division challenging the HC order and it commuted his sentence today.
END/UNB/Corr/MAS/SAM
Appellate Division proceedings to continue virtually during lockdown; regular judicial work to be curtailed
During the nationwide strict lockdown from Thursday, regular court proceedings across the country including the Supreme Court will remain closed.
However, for emergency cases the chamber judge of the Appellate Division, three single benches of the High Court division and a magistrate each in the chief judicial magistrate court in each district and the chief metropolitan magistrate court in the metropolitan area would be available to serve until further orders.
The Appellate Division will also conduct proceedings remotely from home on two days during the initial 7-day lockdown.
The court officials and employees were instructed not to leave the workstation during this time.
Signed by Registrar General of the Supreme Court Md. Ali Akbar, separate notifications to this effect were issued Wednesday.
Also read: Govt outlines restriction rules ahead of ‘tough’ lockdown
The Appellate Division to go virtual
Amid the lockdown, the judges of the Appellate Division have decided to keep the virtual court open on July 6 and 7, from their respective homes.
For this, the concerned lawyers were asked to keep the case documents in their respective homes. They were told to stay at home to hear the case. For this, two officers of the Appellate Division were also instructed to join the court virtually from home.
However, the lawyers were asked to contact the Registrar General of the Supreme Court, the Registrar of the Appellate Division and the High Court Division and the Special Officer of the Supreme Court regarding any hearing in the chamber court.
Three HC benches to conduct
Although the normal trial was suspended due to the lockdown, the High Court Division would hear emergency cases virtually from July 1 until further orders.
Three benches of Justic Enayetur Rahim, Justice J. B. M. Hassan and Justice Muhammad Khurshid Alam Sarkar would conduct according to jurisdiction.
Also read: Violation of lockdown rules to invite legal action, warns DMP
Magistrate court open
Although the normal judicial work would remain closed in all the courts, due to a constitutional obligation there will be a magistrate for the Chief Judicial Magistrate in each district and the Chief Metropolitan Magistrate in the metropolitan areas.
However, Dhaka, Chattogram and Rajshahi divisions, being the busiest, were instructed to have one or more magistrates.
The notification instructed the judges and court officials not to leave their workstations.
At the same time, lawyers and litigants were asked not to come to the court premises during the lockdown.
Child to appeared directly in court
Due to a constitutional obligation a child involved in a conflict could be presented before a magistrate physically at the court.
SC dismisses HC order related to hiring of 2,500 teachers
The Supreme Court on Monday said the Non-government Teachers' Registration and Certification Authority (NTRCA) does not have to recommend the hiring of 2,500 petitioners as teachers in private educational institutions.
A six-member bench of the Appellate Division led by Chief Justice Syed Mahmud Hossain struck down a High Court order to the NTRC to recommend recruitment of the teachers. At the same time the bench rejected the contempt of court rule against NTRCA.
Also read: HC revokes stay order on recruitment process of 54,000 teachers to private institutions
Senior Advocate Barrister Fida Kamal and Advocate Mohammad Kamruzzaman stood for NTRCA while Advocate Khurshid Alam represented the petitioners.
On May 31, the High Court asked the NTRCA to recommend appointment of 2500 writ petitioners in MPO-listed private educational institutions by four weeks.
On June 13, the NTRCA authorities filed a petition with the Supreme Court seeking a stay order against the HC order.
On June 22, the Chamber Judge of the Appellate Division sent the petition to the full bench of the Appellate Division.
Also read: Appoint 17 NTRCA registered teachers within 3 months: HC
In 2017, the High Court had directed the government to prepare a merit list of the candidates who have passed the registration test for appointment as teachers to private schools and colleges, after hearing petitions over it.
In 2019, the petitioners filed contempt of court petitions as the authorities concerned have not complied with the directives.
Later, the HC issued contempt of court rule against NTRCA.
On March 30 this year, the NTRCA issued a circular appointing around 54,000 teachers to private schools
On May 6, the HC stayed the process for appointing around 54,000 teachers to private schools, colleges and madrasas across the country and also ordered NTRCA to recommend in seven days to the authorities concerned of the private educational institutions to appoint the qualified candidates.
Kafil Uddin murder: SC commutes death sentence of 3 convicts
The Appellate Division of the Supreme Court on Tuesday commuted the death sentence of three convicts to life term imprisonment over the killing of Awami League leader Kafil Uddin murder in Narayanganj.
The virtual bench of the Appellate Division led by Chief Justice Syed Mahmud Hossain passed the order.
The three convicts are—Iqbal, Zakir Hossain and Joynal.
The court also set aside life term for another convict identified as Zaman.
Advocate Abdur Rezzak Khan, Mansurul Haque Chowdhury, Nazrul Islam Chowdhury, Abdul Wadud Bhuiya and Sarwar Ahmed stood for the petitioner while deputy attorney general Biswajit Debnath represented the state.
According to the prosecution, Kafil Uddin, a local Awami League leader was shot to death by some miscreants in front of Siddhirganj Sanarpar Market in Sadar upazila of Narayanganj district on December 16, 2003.
Ambia Khatun, wife of the AL leader lodged a complaint with Siddhirganj Police Station.
Police charged 16 people in the case.
On July 15, 2009, a court sentenced three people to death and 13 others to life term imprisonment.
The High Court also upheld the death penalty of the three death-row convicts.
Expelled Sramik League leader Tufan denied SC bail
The Appellate Division of the Supreme Court on Wednesday rejected the bail petition of expelled Sramik League leader Tufan Sarkar of Bogura in a case filed by ACC.
A full bench of the Appellate Division led by Chief Justice Syed Mahmud Hossain passed the order.
Advocate Sharif Uddin Chakladar stood for Tufan while Advocate Khurshid Alam Khan represented theAnti-Corruption Commission ( ACC).
Read: HC turns down Tufan’s bail in rape case
On March 1, the High Court rejected the bail petition of Tufan in a case filed by ACC and said he will not be able to file a bail petition in any court.
Later, Tufan Sarkar filed a petition with the Appellate Division challenging the HC order.
The case was filed against Tufan over amassing wealth and concealing wealth information.
Tufan has no source of income and he in the Tax return submitted a return of Tk 1.60 crore.
He also refrained from giving the right information to ACC about his wealth.
On December 31, 2018, The ACC deputy director Mohammad Aminul Islam filed a case with Bogura Sadar Police Station.
Tufan is in prison since 2017 in a case filed over the rape and torture of a schoolgirl and her mother.
On June 22, 2020, The High Court rejected the bail petition of Tufan Sarkar in the case filed over the rape and torture of a schoolgirl and her mother.
Tufan took the girl to his house at Badurtala in the district town promising to arrange her admission into a local college and raped her there on July 17, in 2017.
Read: HC turns down Tufan’s bail plea over Bogura rape
When Tufan's wife Asha and her elder sister Rumki came to know about the incident, they along with some associates picked up the girl and her mother from their house.
They allegedly beat the girl and her mother with sticks and cut the hair of their heads.
At one stage, the offenders got their heads shaved done by a barber on July 28, 2017.
Later, two cases were filed in this connection on July 29 in the same year.
2002 attack on Sheikh Hasina's motorcade: Stay on 7 convicts' bail extended
The Supreme Court's Appellate Division Sunday upheld its chamber judge's order that stayed the High Court bail to seven convicts in a case filed over the attack on the then opposition leader Sheikh Hasina's motorcade in Satkhira in 2002, and extended it till June 20.
The court also asked the state to file a leave to appeal in this connection within this time. Also, the Appellate Division has fixed June 20 for the hearing on the leave to appeal.
A full bench of the Appellate Division headed by Chief Justice Syed Mahmud Hossain passed the order Sunday after hearing the state's appeal.
READ: Attack on Sheikh Hasina: SC stays bail of 7 accused
Attorney General AM Amin Uddin represented the state while Barrister AM Mahbub Uddin Khokon stood for the convicts.
On May 25, the High Court granted bail to seven convicts in the case – Abdus Sattar, Abdus Samad, Golam Rasul, Rakib, Zahirul, Shahabuddin and Monirul Islam.
However, on May 27, the Appellate Division's Chamber Judge Justice Hasan Foez Siddique stayed the bail order until today.
READ: Attack on Hasina: 43 convicts file petition challenging lower court verdict
On August 30, 2002, the then opposition leader and incumbent Prime Minister Sheikh Hasina's convoy came under attack as she was returning to Magura after visiting a freedom fighter's wife in Satkhira's Kalaroa.
Although Hasina survived the attack relatively unscathed, at least 12 people, including Awami League leaders and journalists, were injured, according to the case statement.
On September 2 of that year, former Kolaroa Awami League general secretary Moslem Uddin filed the case against 27 named and 70-75 unnamed accused.
The accused included several BNP leaders and activists in Satkhira. However, the case was later dismissed for not being recorded at the police station.
On February 4 this year, Satkhira Chief Judicial Magistrate Court convicted and sentenced 50 people in the case.
READ: 30 BNP men sent to jail over 1994 attack on Hasina in Pabna
Among them, 34 convicts who were present in the courtroom, were sent behind bars the same day; the others are running away.
SC upholds HC bail to Irfan Salim
The Appellate Division of the Supreme Court on Sunday upheld the High Court order that granted bail to Irfan Selim in a case filed over assaulting a Navy officer last year.
A virtual bench led by the Chief Justice Syed Mahmud Hossain passed the order after rejecting the petition filed by the state.
Advocate Abdul Baset Majumdar and Advocate Syed Ahmed Raza stood for Irfan while Additional Attorney General Sheikh Mohammad Morshed represented the state.
Advocate Syed Ahmed Raza, said “Five cases have been filed against Irfan in this connection. Of these, Irfan got acquitted from two cases in lower court while he secured bail in two other cases from the lower court and now the Appellate Division also upheld the High Court order in the last case.”
So that, there is no bar to release him, he added.
On April 22, the Appellate Division of Supreme Court fixed April 25 for hearing the petition filed by the state challenging bail of Irfan Selim in the Navy officer assault case.
On March 18, the High Court granted him bail which was later stayed for four weeks by the chamber judge on March 28.
Also read: Irfan Salim, bodyguard put on fresh remand
On April 8, Irfan filed a petition challenging the stay order.
According to the case statement, a private car hit Bangladesh Navy’s Lieutenant Wasif Ahmed Khan’s motorcycle near Labaid Hospital at Dhanmondi on October 25, 2020 when he and his wife were returning to their Mohammadpur residence from Nilkhet.
Later, some people, including Irfan, came out of the car and physically assaulted Wasif and verbally abused his wife.
The Navy officer filed a case at Dhanmondi Police Station, naming four people including Irfan. The three other accused are AB Siddique Dipu, 45, Md Zahid, 35, and Md Mizanur Rahman, 30. All of them are behind bars now.
On October 26, 2020, Rapid Action Battalion (Rab) detained Irfan from his father’s Devdas Lane residence in Old Dhaka. Two firearms, 38 walkie-talkies and liquor were seized from his house during the drive.
He was suspended from the post of councillor the next day. He has been facing four more cases.
He was sentenced to six months’ imprisonment for keeping walkie-talkies illegally and another six months for possessing illegal liquor on October 26, 2020 by a mobile court led by Rab.
167 juveniles secure bail from virtual courts amid lockdown
A total of 167 incarcerated children have been granted bail by juvenile courts across the country in the last eight working days through virtual hearings amid the countrywide strict lockdown to curb the spread of coronavirus.
Barrister Muhammad Saifur Rahman, a spokesman for the Supreme Court and a special officer of the High Court, confirmed the information to media on Friday.
Also read: Virtual court activities to be introduced at district level: PM
He further said that in the last eight working days, the lower courts across the country have granted bail to 15,217 inmates after hearing 26,848 petitions in virtual hearings.
Of these, 3,032 bail applications were disposed of in lower courts on Thursday alone and 1,592 of them were granted bail.
Also read: Virtual court a new chapter in law: Anisul
Hearing on plea challenging stay on Irfan Selim’s bail on April 25
The Appellate Division of Supreme Court on Thursday fixed April 25 for hearing a petition filed by the state challenging bail of Irfan Selim that was granted by the High Court (HC) in a case over assaulting a Navy officer last year.
A virtual Appellate Division bench led by the Chief Justice Syed Mahmud Hossain fixed the date. Advocate Abdul Baset Majumdar stood for Irfan, son of Awami League leader Haji Selim.
On March 18, the High Court granted him bail which was later stayed for four weeks by the chamber judge on March 28.
Also read: Hearing on Irfan Selim’s plea challenging stay on bail order on April 19
According to the case statement, a private car hit Bangladesh Navy’s Lieutenant Wasif Ahmed Khan’s motorcycle near Labaid Hospital at Dhanmondi on October 25, 2020 when he and his wife were returning to their Mohammadpur residence from Nilkhet.
Later, some people, including Irfan, came out of the car and physically assaulted Wasif and verbally abused his wife.
The Navy officer filed a case at Dhanmondi Police Station, naming four people including Irfan. The three other accused are AB Siddique Dipu, 45, Md Zahid, 35, and Md Mizanur Rahman, 30. All of them are behind bars now.
Also read: Navy officer assault case: SC stays HC bail to Irfan Selim
On October 26, 2020, Rapid Action Battalion (Rab) detained Irfan from his father’s Devdas Lane residence in Old Dhaka. Two firearms, 38 walkie-talkies and liquor were seized from his house during the drive.
He was suspended from the post of councillor the next day. He has been facing four more cases.
He was sentenced to six months’ imprisonment for keeping walkie-talkies illegally and another six months for possessing illegal liquor on October 26, 2020 by a mobile court led by Rab.