High Court
HC to hear rule on bringing PK Halder back on June 12
The High Court on Tuesday fixed June 12 as the date to hear a rule issued on bringing back businessman PK Halder to Bangladesh from India.
A bench of justices Nazrul islam Talukder and Kazi Md Ezarul Haque Akunnd passed the order.
Deputy attorney general AKM Amin Uddin appeared for the state during the hearing and senior lawyer Khurshid Alam Khan represented the Anti-Corruption Commission (ACC).
The High Court also asked the ACC to keep it posted about the latest developments on the investigation in a case filed over money laundered to different countries by Halder.
On May 13, India's Enforcement Directorate (ED) arrested Halder and his two associates in the eastern state of West Bengal. The next day, a court remanded him in ED's custody for three days.
"PK Halder has been posing as an Indian citizen by the name of Shibshankar Halder after having managed to fraudulently obtain various government identities...," the Directorate had said in a statement.
Also read: India's federal agency may seek extension of PK Halder's remand
According to the Directorate, the three managed to float companies in India on the basis of the fraudulent documents.
On May 16, the DAG brought the matter to the HC's attention and on Tuesday, the self-initiated rule was taken into the cause list of the court for hearing.
Halder, the former MD of NRB Global Bank, had been on the run since being charged by the ACC for money laundering and amassing ill-gotten wealth.
In cases filed by the ACC, Halder is accused of embezzling and swindling multiple non-banking financial institutions of more than Tk 10,000 crore.
On January 19, 2020, the High Court directed to seize passports and freeze bank accounts of 20 people, including Halder, following a petition by investors.
Also read: India deserves thanks for arresting PK Halder: HC
But before that, on October 23, 2019, Halder managed to cross the border through the Benapole land port, according to the immigration police.
On November 19 , 2020, the High Court wanted to know the steps taken to bring back Halder and arrest him and issued a rule questioning why a direction in this regard should not be given.
HC denies bail to suspended ACC director in bribery case
The High Court on Thursday turned down the bail petition of suspended Anti-Corruption Commission (ACC) director Khandaker Enamul Basir who was sentenced to 8 years imprisonment in a bribery case.
The HC bench of Justice Md Mostafizur Rahman passed the order after hearing on the bail petition submitted by Basir’s lawyer.
The court also suspended Tk 80 lakh fine imposed on Basir by a lower court in the case.
On April 13, the court received his petition for acquittal from the charges in this case for hearing.Advocate Motaher Hossain Saju appeared for the accused while senior advocate Md Khurshid Alam Khan represented the ACC.
Also read: Former ACC director Basir gets 8 yrs in jail in bribery case
On April 6, the court received Mizanur Rahman’s bail petition who was sentenced three years in jail in the same case.
On February 23, Dhaka Special Judge Court-4, judge Sheikh Nazmul Alam sentenced Basir and Mizan to eight and three years in jail, respectively in this case. A fine of Tk 80 lakh was also imposed on Basir in the case.
Mizan was an additional commissioner of Dhaka Metropolitan Police (DMP). He was removed from the post on January 9, 2019, after he was accused of abducting a 25-year-old female anchor of a private news channel and forcibly marrying her.
He had also allegedly implicated her in a false case in which she was arrested and sent to judicial custody for three weeks.
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.
Also read: Suspended DIG Mizan, ACC director Enamul Basir indicted
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 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.
Another case is currently under trial against four people, including Mizan, filed over accumulation of ill-gotten assets and money laundering at the Dhaka Special Judge Court-6.
HC commutes death sentence of 4 in Narshingdi garment worker rape case
The High Court on Tuesday commuted the death sentence of four convicts to life imprisonment in a case over violating a 20-year-old garment worker in Palash upazila of Narsingdi district in 2013.
The HC bench of Justice Bhishmadev Chakrabortty and Justice Khandaker Diliruzzaman handed down the judgment after hearing a petition.
Also read: Schoolgirl gang raped in Rajshahi; 2 held
The convicts are—Ashiqur Rahman, Ilias Mia, Rumin and Robin of Bagpara area in Palash upazila of Narsingdi district.
The court also acquitted —Ibrahim and Abdur Rahman- from the charges.
Advocates Munsurul Haque Chowdhury, Lutfur Rahman Akond and Akter Rasul stood for the accused while deputy attorney general Harun Rashid and Attorney General Zahid Ahmed Hero represented the state.
On May 23, 2013, the convicts picked up the woman and took her to an abandoned place while she was returning home and violated her in turns on May 23, 2013.
Later, a complaint was lodged with Palash Police.
Also read: Khulna police make 6 arrests after indigenous woman gangraped at home
Police registered an FIR in this connection.
On August 25, 2016, Narsingdi Women and Children Repression Prevention Tribunal Judge Shamim Ahmed sentenced six people to death in the case.
Later, the convicts filed a petition with the High Court challenging the lower court order.
Illegal brick kilns: HC summons DoE DG, 5 DCs on contempt of court charge
The High Court on Wednesday summoned deputy commissioners of five districts and Directorate General of Department of Environment (DoE) to appear before it on May 17 for not fully complying with its order to raze illegal brick kilns in Dhaka and its adjacent districts to check air pollution .
The HC bench of Justice Md Ashfaqul Islam and Justice Mohi Uddin Shamim passed the order after hearing a contempt of court petition.
Also read:HC asks govt to pull down 130 illegal brick kilns in CHT
The deputy commissioners summoned are DCs of Dhaka, Narayanganj, Munshiganj, Manikganj and Gazipur districts.
Advocate Manzil Murshid stood for the writ petitioner while deputy attorney general Kazi Mainul Hasan and Advocate Amatul Karim represented the state and the DoE respectively.
Manzil Murshid said the High Court passed a number of orders to prevent air pollution in Dhaka. It also sought a list of illegal brick kilns in Dhaka and its adjacent districts, he said adding 318 brick kilns were found unregistered and the HC asked the authorities concerned to stop operation of those brick kilns.
Recently, a journalist in an investigative report said many brick kilns in Savar are still continuing their operation but the DCs said they had taken steps to stop their operation, said Manzil.
Human Rights and Peace for Bangladesh drew the attention of the court in this regard and filed a writ petition on January 21, 2019.
Also read:Raze all illegal brick kilns in Dhaka & adjoining districts in 15 days: HC
On January 13, 2020, the High Court issued a nine-point order and asked the authorities concerned to implement those.
After taking steps in February, last year, the air pollution reduced remarkably but recently, Dhaka against ranked first in the list of Air Pollution chart of Air Quality Index.
Later, the Human Rights organisation filed a supplementary petition to the High Court for stopping operation of the illegal brick kilns.
HC orders handing over of teen ‘confined by parents’ to Canadian govt
The High Court on Sunday ordered the authorities concerned to hand over the 19-year-old Canadian girl, who was allegedly confined to a house by her parents for over 10 months in the city’s Mugda area, to the representatives of the Canadian government.
The HC bench of Justice Farah Mahbub and Justice SM Maniruzzaman passed the order following a writ petition.
High Court Registrar Md Golam Rabbani was asked to take the girl to the Canadian High Commission today (Sunday).
Also read: Stop DJ party at educational institutions in the name of Rag Day: HC
Barrister Sara Hossain appeared for the petitioner while Advocate Md Ajiullah for the girl’s parents.
According to the writ, the girl was born in Canada. She is a Canadian citizen by birth and studies at a university there. Her parents are also Canadian citizens who came to visit Bangladesh about 10 months ago along with their daughter. When the young girl tried to return to Canada they disagreed.
The girl’s parents and grandmother confined her to their home after taking away her cell phone set, reads the writ.
At one point, the young woman informed the Canadian government and the Canadian High Commission in Dhaka about her ‘house arrest’ using land phone. She also expressed her wish to return to Canada.
Later on February 9, a general diary was logged by the Canadian High Commission at Mugda police station in the capital.
Human rights organisations Bangladesh Legal Aid Services (BLAST) and Ain O Salish Kendra also filed a writ petition with the High Court on behalf of the High Commission.
The Inspector General (IG) of Police, Dhaka Metropolitan Police Commissioner, Officer-in-charge (OC) of Mugda Police Station and the parents of the girl were made respondents in the writ.
Following the hearing on the writ petition on April 5, the court directed Mugda police and her parents to produce the girl before the court.
At the same time, the court issued a rule seeking explanation as to why confining a 19-year-old girl to a house for 10 months should not be declared illegal.
According to the order, the parents along with the girl were present in the court on April 12.
Also read: HC questions temporary dismissal of govt employee accused in criminal case
On that day, the court asked the parents to provide the girl with computer, internet, mobile phone sent and other essential things.
The court also ruled that the young woman cannot be barred from going to Canada if she wants.
Later the Canadian High Commission said that the Canadian government will bear all the expenses, including her educational cost.
Barrister Sara Hossain, counsel for the petitioner, submitted the statement of the Canadian High Commission in this regard.
HC grants bail to former DIG Mizan
The High Court (HC) has granted two-month bail to suspended Deputy Inspector General (DIG) Mizanur Rahman in a bribery case.
A single bench of Justice Mostafizur Rahman passed the order after hearing a bail petition on Wednesday.
He, however, will not be able to walk out of jail as he is yet to secure bail in another case filed by the Anti-Corruption Commission (ACC) for amassing illegal wealth, said Mizanur’s lawyer Mahbub Shafique.
Also read: Money laundering: HC to hear ACC’s appeal against ex-DIG Mizan’s acquittal
Lawyer Khurshid Alam Khan stood for ACC.
Earlier on April 4, Mizanur appealed to the High Court against the verdict of a judicial court.
The HC accepted his petition on April 6 for a hearing.
ACC lawyer Khurshid Alam Khan said they will appeal to the Appellate Division of the Supreme Court against the bail order of Mizanur.
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.
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 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.
Also read: Bribery case: HC to hear ex-DIG Mizan’s appeal seeking acquittal
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.
Money laundering: HC to hear ACC’s appeal against ex-DIG Mizan’s acquittal
The High Court on Sunday accepted for hearing the appeal of the Anti-Corruption Commission (ACC) challenging suspended Deputy Inspector General (DIG) Mizanur Rahman’s acquittal of the money laundering charges.
A bench of Justice Md Nazrul Islam Talukder and Justice Kazi Md Ejarul Haque Akondo passed the order and summoned the documents of the case.
The two appeals will be heard together with Mizan’s appeal against the sentence in bribery case.
Also read: Bribery case: HC to hear ex-DIG Mizan’s appeal seeking acquittal
Lawyer Khurshid Alam Khan appeared for the ACC while Deputy Attorney General AKM Amin Uddin Manik and Assistant Attorney General Anna Khanam Kali represented the state.
Khurshid said the lower court had acquitted former DIG Mizan of money laundering charges. “Later, we appealed to the High Court seeking punishment in that charge.”
“ACC director Khandaker Enamul Basir was sentenced to five years in prison and fined Tk 80 lakh under the money laundering act. However, Mizanur Rahman was acquitted under this section,” he added.
On April 6, the HC accepted for hearing the appeal of former DIG Mizan’s seeking acquittal in a bribery case.
The court sentenced ACC director Basir to eight years imprisonment with Tk 80 lakh fine and Mizan to three years.
Basir was sentenced to three years jail term for bribery and five-year 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.
He had also reportedly married a woman forcibly and tortured her. Mizan allegedly abducted the 25-year-old woman 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.
On June 24 in 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.
Also read:Suspended DIG Mizan, ACC director Enamul Basir indicted
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.
HC orders probe into allegations against E-orange
The High Court on Thursday directed the Anti-Corruption Commission and Bangladesh Financial Intelligence Unit to investigate the allegation of money laundering and embezzling customers’ money against e-commerce platform E-orange and submit their report within four months.
The HC bench of Justice Md Nazrul Islam Talukder and Justice Kazi Md Ejarul Haque Akondo passed the order after hearing a petition by a customer.
Also read: E-orange owner Sonia, 2 others remanded again
The HC also wanted to know about the steps taken for bringing back the fugitive accused of e-commerce platform.
It also issued a rule asking the government to explain as to why directives should not be given to the authorities concerned to take legal action against those involved in siphoning off money of the customers of e-commerce platform E-orange after investigation.
Commerce Secretary and eight others have been made respondent to the rule.
Deputy Attorney General AKM Amin Uddin Manik stood for the state while Advocate Ahsanul Karim and Abdul Kaiyum represented the petitioner.
The customers of E-orange ordered products from the e-commerce platform by collecting e-ticket after clearing payments.
Also read: BFIU seeks E-Orange's Bithi, Sohel's bank account details
But the company did not provide the products to the respective customers.
In this circumstances, on April 3, last year, some 547 customers filed a writ petition seeking return of Tk 77.46 crore and directives for investigations into the allegation of money laundering against the company.
HC questions keeping death row convict in condemn cell
The High Court on Tuesday issued a rule questioning the legality of keeping death row convicts in condemn cells before the disposal of their cases.
A bench of Justice Md Mozibur Rahman Miah and Justice Ahmed Sohel issued the rule following a writ petition filed by the three convicts who were in the condemned cells before the death sentence was issued.
At the same time, the court issued a rule asking why Regulation 980 of Bangladesh Jail Code regarding this provision should not be declared unconstitutional.
Also read:Hoarders control essential market taking advantage of inactive govt machineries: HC
Besides, it has directed the Inspector General of Prisons (IG Prisons) to submit a report in six months regarding the facilities of the convicts in the condemn cell.
The secretaries of Ministry of Home Affairs and Ministry of Law, Justice and Parliamentary Affairs, inspector general of police (IGP), IG Prisons and senior jail supers in Chattogram, Sylhet and Cumilla were made respondents to the rule and asked to respond to the rule in four weeks.
Lawyer Mohammad Shishir Manir appeared for the writ petition in the court while Deputy Attorney General Bipul Bagmar represented the state.
Shishir said there is no legal provision to execute the death sentence immediately after the verdict is pronounced in the court. There are a number of necessary legal steps that must be taken to execute a death sentence.
“The approval of the High Court Division is required to carry out execution under Section 374 of the Criminal Procedure Code. At the same time, according to Section 410 of the Criminal Procedure Code, there is a provision to file an appeal in the High Court Division,” said the lawyer.
If the High Court Division upholds the death penalty, the convicted person may appeal directly to the Appellate Division as a constitutional right, he added.
Besides, under Article 105 of the Constitution, there is a legal opportunity to appeal against the verdict of the appellate court.
Above all, a death row convict can seek an apology from the President under Article 49 of the Constitution. If the President does not grant the pardon then the death penalty is legal.
But the convict is kept in the condemn cell immediately after the verdict of death penalty in the judicial court of Bangladesh, said lawyer Shishir.
Also read: Crack down on syndicates of essential commodities, HC asks govt
On September 2 last year, three death row convicts filed the writ petition in the High Court. Their appeals against the death penalty are still pending in the High Court.
Before HC approves the death penalty, taking the covict to the condemn cell is violation of the fundamental rights given in Articles 27, 31 and 32 of the Constitution, reads the writ petition.
Similarly, keeping the convict in condemn cell before disposal of the review petition and clemency appeal to the President is violating the fundamental rights enshrined in the Constitution, it added.
Sagar-Runi murder: Final hearing on 10-year old HC rule on Tuesday
The High Court on Monday fixed Tuesday to hear a rule issued in 2012 on identifying the accused in the murder of journalist couple Sagar Sarowar and Meherun Runi.
Justice Md Mojibur Rahman Mia and Justice Ahmed Sohel have decided to hear the writ petition demanding proper investigation and bringing the accused under law in the murder case.
Advocate Manzil Murshid appeared for the petitioner before the court on Monday.
“The court will hear the petition after it comes up on the cause list of the court tomorrow. We want the investigation to conclude soon so that real culprits are punished,” said Advocate Manzil Murshid.
Also read: Sagar-Runi Murder: Govt urged to bring perpetrators to justice
After the murder of Sagar and Runi, Human Rights and Peace for Bangladesh (HRPB) filed a writ petition in public interest on probe and arrest in the murder case. On February 28, the High Court issued a rule in this regard questioning why a direction will not be given to bring the accused in Sagar-Runi murder case under law through proper investigation.
After two months of issuing the rule the High Court transferred the responsibility of investigating the case to Rapid Action Battalion (Rab) from the Detective Branch (DB) of police.
Lastly, on March 27, this year, the deadline for submission of the probe report in the case was deferred for the 87th time and Dhaka Metropolitan Magistrate Debdash Chandra Adhikary fixed April 27 as the new date.
Maasranga Television News Editor Sagar Sarowar and his wife ATN Bangla senior reporter Meherun Runi were found dead in their rented apartment in the city’s West Rajabazar area on 11 February 2012.
Nousher Ali Roman, brother of Runi, filed a case with Sher-e-Banglanagar Police Station on the following day.
Police arrested Tanvir in connection with the murder case on October 1, 2012. Later, he secured bail in 2014.
Also read: Sagar-Runi murder: DRU seeks PM's intervention to unravel probe
Law enforcers have so far arrested eight people, including Tanvir, in connection with the murder case.
The seven other suspects are Rafiqul Islam, Bakul Mia, Abu Syed, Mintu alias Baggira Mintu alias Masum Mintu, Quamrul Hasan alias Arun, security guard Enam Ahmed alias Humayun Kabir and Palash Rudra Pal.