The High Court on Sunday overturned an appeal seeking cancellation of a five years jail sentence for a convict in a narcotics case, but allowed him to stay with his elderly mother and care for her under three conditions.
The convict, Moti Matbor, was awarded a five-year jail sentence in a narcotics case on January 8, 2017.
The conditions are- Moti has to take care of his 75-year-old mother, ensure continued studies for his children (a daughter and a son) and third, that he cannot marry off his 15-year-old daughter till she turns at least 18.
For one-and-half years Moti has to stay under the supervision of a probation officer, who will periodically submit a report on his conduct to the HC.
At the end of 18 months, Moti will be sent to jail if he is judged to have failed to satisfy the conditions. If he manages to comply however, he can have the sentence commuted at that point, providing him an incentive for good behaviour.
Advocate Md Shishir Monir stood for the accused while Deputy Attorney General Md Enamul Haque Mollah represented the state.
July 1, 2017 Moti filed a review petition to the HC challenging his sentence and sought bail. Later, he was freed on bail on July 9.
Moti had also filed an appeal for probation under the Probation Ordinance, 1960 with the review petition.
Earlier on November 2, a probation officer submitted a report to the HC stating a positive view of his behaviour till now.
Where legal proceedings can be blandly technical or exceedingly tedious, today's 'landmark judgement' under the Probation Ordinance (1960) would seem to have been wrought in humanity, and inspire other judges to seek options under the same ordinance.
The High Court on Sunday asked a Bangladesh Water Development Board (BWDB) engineer to surrender within three weeks.
The official, accused in a graft case filed by the Anti-Corruption Commission (ACC), is BWDB’s Superintendent Executive Engineer Md Abu Taleb.
After rejecting Taleb’s application for anticipatory bail, the bench of Justice Md Nazrul Islam Talukder and Justice Ahmed Sohel passed the order.
Advocate Minhajuzzaman Liton stood for the accused, Deputy Attorney General AKM Amin Uddin moved for the state, and Advocate AKM Fazlul Haque represented the ACC.
On October 21, the ACC filed a case against 11 people, including Taleb, for misappropriating Tk35.42 crore while buying a pump for the River Manu irrigation project.
The Appellate Division of the Supreme Court on Sunday upheld a High Court order that had granted bail to a government contractor in a case filed for graft in purchasing furniture and other household products for the officials and employees of the Rooppur Nuclear Power Plant.
An Appellate Division bench led by Chief Justice Syed Mahmud Hossain passed the order after hearing an appeal filed by the Anti-Corruption Commission (ACC) seeking cancelation of bail order for the contractor, Asif Hossain.
Advocate Fida M Kamal stood for the accused while advocate Md Khurshid Alam Khan represented the Anti-Corruption Commission (ACC).
Earlier on November 1, the Appellate Division stayed the bail order until November 8 (today). The HC granted bail to Asif Hossain while ACC filed an appeal challenging the bail order on Oct 21.
ACC filed the case on December 12 last year. Asif has been in jail since then.
According to the case statement, Asif amassed around Tk 7.48 crore from the Rooppur Nuclear Power Plant project.
Reports published in different newspapers said excess money was spent on buying furniture, pillows and other items for the Green City Housing Palli development, where officials and employees of Rooppur Power Plant will reside.
A pillow's price was shown at around Tk 5,957 while there was a Tk 3000 charge for lifting a kettle to the apartments.
The gruesome rape crime committed by a madrasah super against a 10-year-old student in Sharankhola upazila could have been settled through a rural arbitration like what is usually done in many other rape incidents in Bangladesh but this time the victim’s father dared to move the court to secure justice for her daughter.
The fifth grader finally got justice as a Bagerhat court has sentenced the rapist to life term imprisonment recently.
Bagerhat Women and Children Repression Prevention Tribunal-2 Judge Mohamamd Nure Alam on Thursday sentenced madrasah super Maulana Ilias Jamaddar to life term imprisonment in a case filed for violating the girl in 2019.
The court also fined him Tk 20,000 and he will have to suffer one year more rigorous imprisonment if he fails to pay the fine.
The verdict was announced just eight months after the start of the trial proceedings in the case.
Many people thronged the court premises to know about the verdict as police produced the accused before the court.
After announcing the verdict, the convict was put behind bars.
Quicker trial in all cases sought
Expressing satisfaction over the verdict, people from all walks of life demanded steps to complete the trial proceedings of all the cases under the Women and Children Repression Prevention Act in a quicker time.
“I’ve got justice and I also hope that the higher court will uphold it,” said the father of the victim in his instant reaction to reporters.
However, advocate Ali Akbar, defence counsel, said they will file an appeal against the verdict.
The convict, Ilias Jamaddar, son of Abdul Gaffar Jamaddar, was the super of Rashidia Ebtedayee Madrasah at Uttar Khontakata village in Sharankhola upazila.
How it happened
According to the prosecution, the victim along with her three friends went to the madrasah super for learning Quran on August 7, 2019.
At one stage, Ilias asked three other students to leave and took the victim to the library room of the madrasah where he violated the girl after tying her mouth.
When the girl fell sick, she was sent to her home with the help of her another classmate.
Ilias went to the victim’s family and tried to settle the matter.
On August 19, 2019, the father of the girl filed a case against the madrasah super with Sharankhola Police Station.
Police arrested Ilias on October 28, 2019 and submitted a chargesheet against the accused on November 13 that year.
On March 9, 2020, the tribunal framed charges against him and recorded the depositions of 15 witnesses.
Bagherhat court sets examples
On September 19 last, a Bagerhat court sentenced a man to life term imprisonment in a child rape case within seven working days after the framing of charges, setting a record in quick disposal of justice in the country.
The verdict was pronounced following huge protests against the growing rape incidents across the country and demand for capital punishment for rapists.
Amid the widespread protests, an ordinance has been promulgated by the President allowing death penalty as the highest punishment for rape instead of life term imprisonment.
According to Ain o Salish Kendra, a rights group, at least 208 cases of gang rape – a fifth of a total of nearly 1,000 cases – were reported in the first nine months of this year.
Expressing serious concerns over the increasing violence against women in Bangladesh, the United Nations has recommended an urgent reform of the criminal justice system in the country to extend support and protect victims and witnesses.
"United Nations (UN) expresses serious concerns over the increasing violence against women in Bangladesh. These are heinous crimes and grave violations of human rights. One rape is one too many," said the UN in a statement on October 7.