High Court
How rivers are legal, living persons with rights discussed at MoFA webinar
The Ministry of Foreign Affairs (MoFA) recently arranged a webinar on how rivers are legal, living persons with rights.
Justice Md Ashraful Kamal, who delivered the judgment on the River Turag in 2019, presented the keynote at the "Legal Personhood of River."
He highlighted the importance of the landmark ruling by the High Court Division that granted "legal personhood" to all rivers, declaring that all rivers in Bangladesh are entitled to legal protection under the Public Trust Doctrine (PTD).
The judgment also included 17 key directives to the executive for dealing with river pollution and encroachment issues and for the survival of rivers as continuing ecosystem elements.
"Because of these directives, river polluters have been banned from participating in the elections, the National River Conservation Commission as the 'guardian' of all rivers has been established, and polluters have been barred from receiving bank loans among other measures," Ashraful said.
The concept of the legal personhood of the river is based on the legal recognition of the planetary ecosystems and other non-human entities as legal persons who have legal rights to protect the environment.
Proponents of the concept say that legal systems should recognise the inherent value of the environment, including its survival as well as its enrichment. This means that certain entities cannot be harmed, corrupted or degraded without their consent.
Sustainable rivers: Dhaka for 'just sharing' of waters, basin-wise river management
For example, granting personhood status to ecosystems and animals can lead to greater protection from environmental degradation as well as a stronger voice in environmental decision-making.
Against this backdrop, diplomats, scholars and activists are pushing to give nature legal personhood, with some countries such as Ecuador and Bolivia recently passing laws recognising the rights of nature.
Foreign Secretary Masud Bin Momen said with the remarkable verdict Bangladesh had joined a growing number of communities, tribal nations, and countries, in securing a new form of legal protection for nature which recognises that nature is a living entity with legal rights.
Syed Muntasir Mamun, director general of International Trade, Investment and Technology and ICT wings of MoFA, highlighted how the verdict is very much in line with Bangladesh's strong commitment to upholding the rights of all and maintaining the autonomy and agency of the human ecosystem under the guardianship of the public.
Read more: HC delivers landmark verdict, declares Turag as living being
Rape, murder of O-level student: HC rejects lone accused’s bail plea
The High Court on Wednesday rejected the bail petition Fardin Iftekhar Dihan in a case filed over the rape and subsequent murder of an O-level student in Kalabagan area of the city.
The HC bench of Justice SM Emdadul Hoque and Justice KM Zahid Sarwar Kajol passed the order after deposing of the accused’s appeal.
The court also ordered completing the trial of the case quickly.
Read more: Kalabagan rape case: Lone accused Dihan indicted
Senior Lawyer Joynal Abedin and Qazi Ferdousul Hasan appeared for the bail plea in the court while Deputy Attorney General Sujit Chatterjee represented the state.
Dihan appealed to the High Court as trial court rejected his bail plea, said Sujit Chatterjee.
On January 7, 2021, law enforcers recovered the body of the 17-year-old girl from a city hospital and arrested her boyfriend Fardin Iftekhar Dihan, 18 and three others in this connection.
A case was filed over the death of the girl, who was “sexually assaulted” and “killed”. Later, the victim’s father filed the case against Dihan on the night of the incident.
On January 9, law enforcers released three youths after interrogation over the matter.
Read more: O-level student ‘rape, murder’: Court permits drug test on Dihan
Dihan, who is believed to have raped and killed her at his family flat in Kalabagan area, gave a confessional statement before a Dhaka court. Dhaka Metropolitan Magistrate Mamunur Rashid recorded the statement and sent him to jail pending hearing.
Meanwhile, doctors found the evidence of rape after autopsy on the victim.
Police submitted a chargesheet to the court against Dihan on November 8, 2021. He was indicted in the case on February 16 last year.
Misconduct with Judge: HC summons 21 B’baria lawyers
The High Court on Tuesday summoned 21 lawyers including Brahmanbaria Bar Association secretary to explain the allegation of contempt of court for chanting indecent slogans against the district judge during the court session.
They were asked to appear before the court on January 23 to explain the matter.
The HC bench of Justice JBM Hassan and Justice Razik-Al-Jalil passed the order following a written complaint by Brahmanbaria District and Sessions Judge Sharmin Nigar.
Read more: Misconduct with Judge: HC summons B’baraia Bar Association president, 2 lawyers
The court also issued a rule to explain why contempt of court proceedings should not be initiated against them
Deputy Attorney General Tushar Kanti Roy appeared for the state at the court.
Brahmanbaria District and Sessions Judge Sharmin Nigar sent a letter to the Supreme Court in this regard on January 9.
Earlier on January 5, the same bench summoned three lawyers including Brahmanbaria Bar Association president on January 17 for misbehaving with the district Woman and Child Repression Prevention Tribunal Judge Mohammad Faruq.
Those summoned were Bar Association president Advocate Tanvir Ahmed Bhuiyan, Secretary (Administration) Advocate Md Akkas Ali and Advocate Zubair Islam.
The court also issued a rule questioning as to why punitive action will not be taken against them on contempt of court charge.
Read more: New law in the offing to appoint HC judges: Law Minister
On January 4, district Woman and Child Repression Prevention Tribunal Judge Mohammad Faruq sent a written complaint to the High Court to take action against those involved in this incident. Later, on the instructions of the Chief Justice, the Registrar General of the Supreme Court sent the written complaint of the judge to the HC bench.
On January 2, Bar Association president advocate Md Tanvir Bhuiyan, Secretary Advocate Md Akkas Ali and around 10-15 lawyers including Zubair Islam came and rudely asked the judge to leave the courtroom. Advocate Tanvir hurled abusive words at the court, as per the complaint.
Narcotics case: SC upholds HC’s stay order or trial proceedings against Pori Moni
The Appellate Division on Monday upheld the High Court order that stayed the trial proceedings against Dhallywood actress Pori Moni in a case filed under the Narcotics Control Act.
A three-member bench of the Appellate Division led by Appeal Division Judge Justice Md Nuruzzaman passed the order following the state’s appeal against the HC order.
The court also ordered disposing of the HC rule over charge framing against Pori Moni in six months.
Read more: SC clears way to continue trial against Pori Moni
Advocate ZI Khan Panna and Advocate Shah Monjurul Hoque appeared for Pori Moni in the court today.
Advocate Monjurul said the trial proceeding of the case will remain suspended for six months and the HC rule should be disposed of by this period.
Otherwise, the trial court may start the trial proceeding of the case after this period, he added.
On March 1 last year, High Court stayed the trial proceeding of the case for three months.
It also issued a rule asking the government to explain as to why the order of charge framing against Pori Moni should not be revoked.
Judge of Dhaka Special Judge of Court-10 Md Nazrul Islam indicted Pori Moni and two others in the case on January 5 last year.
On January 30, Pori Moni appealed before the High Court for quashing the case and subsequent indictment by the trial court.
Read more: Drug case against Pori Moni: HC stays trial proceedings for 3 months
On November 15 2021, Dhaka Metropolitan Sessions Judge KM Emrul Kayesh took into cognizance the charges framed by police against the accused.
On October 4, the Criminal Investigation Department (CID) submitted a charge sheet against them.
Pori Moni was arrested on August 4, following a raid by RAB on her Banani residence. A case was filed against her under the Narcotics Control Act the following day.
On August 31, 2021, a Dhaka court granted bail to Pori Moni in the narcotics case. She had walked out of jail the following day.
HC orders probe into Tk 1500 cr embezzlement allegation against FMC dockyard MD
The High Court on Sunday ordered the authorities concerned to investigate the allegation of Tk 1500 embezzlement by Mohammad Yeasin Chowdhury, Managing Director of FMC dockyard Limited.
The HC bench of Justice Md Nazrul Islam Talukder and Justice Khizir Hayat ordered Bangladesh Financial Intelligence Unit (BFIU), Criminal Investigation Department (CID) and the Anti-Corruption Commission (ACC) to investigate the allegation within two weeks.
The HC bench passed the suo moto order when ACC lawyer Khurshid Alam drew attention of the court after attaching a report published in a vernacular daily on January 5 headlined ‘Yeasin in abroad after embezzling Tk 1500 crore’.
Also read: High Court asks government to urgently appoint five recommended BCS cadres
The court also issued a rule asking the government to explain as to why the ineffectiveness of the respondents in taking action against MD Yeasin should not be declared illegal.
The court also fixed March 9 for next hearing.
Deputy Attorney General AKM Amin Uddin Manik represented the state.
According to the newspaper report, MD Yeasin embezzled Tk 1500 crore from different banks and financial institutions and fled the country.
A number of cases were filed against him in Chattogram and an arrest warrant was also issued against him.
MD Yeasin took loans of Tk 1,243 crore from a number of banks. Besides, he owes Tk 113.83 crore to Bismillah Marine Services.
Court works independently: Law Minister
The government does not interfere in judiciary, the law minister said on Friday about the government's appeal against the High Court bail granted to BNP leaders Mirza Fakhrul Islam Alamgir and Mirza Abbas.
“Court is making the decisions independently. There is no government interference in the release of Mirza Fakhrul and Mirza Abbas,” Law Minister Anisul Huq said at the Kasba press club in Brahmanbaria.
Quoting the attorney general, the minister said there was a violation of law in the bail process in the High Court for the two leaders. So a petition challenging the HC order was filed with the Appellate Division.
On December 9, a team of Detective Branch (DB) of police picked up Fakhrul and Abbas from their homes in separate raids in the capital.
Later, they were shown arrested in a case over the clash between police and the party activists in the capital’s Nayapaltan. A Dhaka court sent them to jail rejecting their bail pleas.
Read more: Bangladesh must not return to lawlessness again: PM Hasina
Regarding misconduct with the Judge at the Brahmanbaria courtroom, Anisul said judiciary is independent, now the High Court has taken the matter under its jurisdiction. “I will not comment on this now.”
“I have seen the video footage of the incident, and if it is true I am shocked. As a member of a lawyer family, I believe that all lawyers in Brahmanbaria cannot do such things.”
On Thursday, The HC bench of Justice JBM Hassan and Justice Razik-Al-Jalil summoned three lawyers including Brahmanbaria Bar Association president for misbehaving with the district Woman and Child Repression Prevention Tribunal Judge Mohammad Faruq.
Those summoned are Bar Association president Advocate Tanvir Ahmed Bhuiyan, Secretary (Administration) Advocate Md Akkas Ali and Advocate Zubair Islam.
On January 4, the district Woman and Child Repression Prevention Tribunal Judge Mohammad Faruq sent a written complaint to the High Court to take action against those involved in this incident. Later, on the instructions of the Chief Justice, the Registrar General of the Supreme Court sent the written complaint of the judge to the HC bench.
Read more: BNP urges judiciary to work impartially, independently
On January 2, Bar Association president advocate Md Tanvir Bhuiyan, Secretary Advocate Md Akkas Ali and around 10-15 lawyers including Zubair Islam came and rudely asked the judge to leave the courtroom. Advocate Tanvir hurled abusive words at the court, as per the complaint.
Misconduct with Judge: HC summons B’baraia Bar Association president, 2 lawyers
The High Court on Thursday summoned three lawyers including Brahmanbaria Bar Association president for misbehaving with the district Woman and Child Repression Prevention Tribunal Judge Mohammad Faruq.
Those summoned are Bar Association president Advocate Tanvir Ahmed Bhuiyan, Secretary (Administration) Advocate Md Akkas Ali and Advocate Zubair Islam
The HC bench of Justice JBM Hassan and Justice Razik-Al-Jalil passed the order on a suo moto move.
The court asked the trio to appear before the court on January 17 to explain the matter.
The court also issued a rule questioning as to why punitive action will not be taken against them on contempt of court charge.
Read more: HC summons ACC IO over exemption of accused in Sonali Bank loan scam case
On January 4,district Woman and Child Repression Prevention Tribunal Judge Mohammad Faruq sent a written complaint to the High Court to take action against those involved in this incident. Later, on the instructions of the Chief Justice, the Registrar General of the Supreme Court sent the written complaint of the judge to the HC bench.
On January 2, Bar Association president advocate Md Tanvir Bhuiyan, Secretary Advocate Md Akkas Ali and around 10-15 lawyers including Zubair Islam came and rudely asked the judge to leave the courtroom. Advocate Tanvir hurled abusive words at the court, as per the complaint.
One of the policemen present at the courtroom videoed the incident which was attached to the complaint.
Read more: HC summons 3 Khulna lawyers to face contempt charges
Considering the misconduct with a judge during the court session, it is necessary to settle the complaint in the interest of the safety of the judges and the image of the judiciary, reads the complaint.
HC seeks BCIC’s explanation over embezzlement of 72,000 tonnes fertiliser
The High Court on Thursday asked Bangladesh Chemical Industries Corporation (BCIC) authority to give an explanation over the embezzlement of 72,000 tonnes of imported chemical fertilisers that caused the government a loss of Tk 582 crore.
The HC bench of Justice Md Nazrul Islam Talukder and Justice Khizir Hayat passed the order on a suo moto move after taking a report published in a national daily into cognizance.
BCIC chairman has been asked to submit an explanation in this regard on January 20.
Read more: HC questions legality of primary school teacher recruitment on quota basis
Besides, the court ordered the Anti-Corruption Commission (ACC) to investigate the matter and submit a report within 60 days.
The HC also issued a rule questioning why the failure and negligence of the authorities concerned to take action against those involved in the embezzlement should not be declared illegal.
Advocate Khurshid Alam Khan appeared for the ACC in the court while Deputy Attorney General AKM Amin Uddin Manik and Assistant Attorney General Anna Khanam Koli represented the state.
A national daily published a report today (Thursday) stating that Poton Traders, the contractor in charge of transportation, has allegedly embezzled 72,000 tonnes of government imported chemical fertilisers without delivering them to the warehouse after release from the port. The government has suffered a financial loss of Tk 582 crore for this embezzlement.
Read more: HC issues rule on migration system in admission process
Former Member of Parliament Kamrul Ashraf Khan (Poton) is the owner of Potton Traders.
The fertiliser embezzlement by Potton Traders has come to light in two investigations by the BCIC, a government body under the Ministry of Industry that imports fertilizer.
The fertilisers were released between November, 2021 and May 15, 2022.
BCIC has not taken any legal action even after seven months of non-supply of fertiliser. BCIC sent a letter to the Ministry of Industries December 20 last year seeling instructions for taking legal action.
HC questions legality of primary school teacher recruitment on quota basis
The High Court on Thursday issued a rule seeking explanation as to why the recruitment of government primary school teachers on quota basis should not be declared illegal and against the constitution.
The court also questioned why a directive should not be given to recruit 152 writ petitioners in the vacant posts on basis of merit.
The bench of Justice Md Nazrul Islam Talukder and Biswajit Debnath issued the rule during a primary hearing on the writ petition.
Home affairs secretary, public administration secretary, education secretary and director general of the Primary Education Department have been asked to respond to the rule within four weeks.
Read: HC issues rule on migration system in admission process
Advocate Shamim Shikder appeared for the petitioners while Deputy Attorney General Tushar Kanti Roy represented the state.
On December 14, the final results of Primary School Teacher recruitment exams were published selecting 37, 574 candidates, said lawyer Shamim Sardar.
But it followed the notification issued in 2019, where 60% quota was reserved for women, 20% dependent quota and 20% quota was for men.
“Which violates the section 29 (3) of the constitution,” said Shamim Shikder.
When hundreds of youths are unemployed in the country recruitment of primary school teachers with only 20% quota for male candidates cannot be allowed, he said.
So, 152 candidates including Sanjit Sarkar from Gopalganj, Anwar Hossain from Pabna, Hafizur Molla from Magura who were not recruited filed the writ petition challenging the legality of quota based recruitment process.
Read: Nayapaltan clash: HC orders giving division in jail to 5 BNP leaders
The number of candidates in this year's recruitment test for assistant teachers of primary school was 13,09,461.
At present, there are 65,566 govt primary schools in the country with 4,28,701 vacant teachers’ post.
Mirza Fakhrul, Abbas should’ve given division in jail earlier: HC
BNP Secretary General Mirza Fakhrul Islam Alamgir and Standing Committee member Mirza Abbas should have been given the first class facility in jail earlier, said the High Court on Wednesday.
The HC bench of Justice KM Kamrul Kader and Justice Mohammad Ali said this after dismissing the writ petition seeking first class facility in jail for the BNP leaders.
The Magistrate Court ordered to give division facility to them on December 9. But, Mirza Fakhrul and Mirza Abbas could not avail the facility for a few days as the facility was given on Tuesday, said the bench.
Read more: Mirza Fakhrul, Abbas given division in jail: State counsel
On Tuesday, Mirza Fakhrul’s wife Rahat Ara Begum, Mirza Abbas’ wife Afroza Abbas and advocate AJ Mohammad Ali submitted the petitions. Later, the bench fixed 3:00 pm today for hearing on the petitions.
In the early hours of Friday, a team of Detective Branch (DB) of police picked up Fakhrul and Abbas from their homes in separate raids in the capital city.
Later, they were arrested in a case filed over the clash between police and the party activists in the capital’s Nayapaltan.
Read more: Police looted, vandalised BNP HQ, says Khandaker Mosharraf
On Monday, a Dhaka court rejected the bail petition of 224 leaders and activists of BNP, including Fakhrul and Abbas, and sent them to jail, pending further legal procedures.