Law-&-Order
SC rejects Japanese woman’s plea to go abroad with her kids
The Supreme Court on Thursday rejected a Japanese woman's plea to go abroad with her two children.
A six-member full bench of the Appellate Division, headed by Chief Justice Hasan Foez Siddique, also dismissed a contempt plea of the Japanese woman, Nakano Erico, to haul her estranged husband, Bangladesh-born US citizen Imran Sharif.
Besides, the court also refused to entertain Imran's contempt plea against Erico for "disobeying an earlier court order".
Also read: 2 kids to stay with Japanese mother until deposal of case at family court
On May 17, Erico’s counsel Sishir Monir appealed to the Appellate Division seeking permission for his client to travel abroad with her two children.
Erico has spent many days in Bangladesh with her two daughters and wants to go abroad for a vacation that can be to Japan, according to the plea.
At the same time, Erico asked the court to press contempt of court charges against Imran for not following the Supreme Court's order on meeting their two children.
Later, Imran also filed a contempt of court plea against Erico alleging disobedience of the High Court order to allow him to meet their two children.
On February 13, the Appellate Division ordered disposal of the case within three months over the custody of the two children of Imran and Erico at a family court.
During this period, the court made it clear that the two daughters will stay with their Japanese mother in Bangladesh. And Imran can meet them but can’t leave the country.
As per the order of the Appellate Division, the two children have been in the custody of their mother since December 12 last year. However, their father can visit them every day at a convenient time between 9am and 9pm.
On November 21 last year, the HC bench of justices M Enayetur Rahim and Md Mostafizur Rahman ruled that the Japan-born daughters of Imran and Erico will stay with their father.
However, the mother can exclusively meet the daughters, aged 11 and 10, three times a year for 10 days at a time and Imran, the father, will have to bear her travel and accommodation expenses, the court had said.
Also read:2 kids to stay with Japanese mother till Feb 6: SC
On December 5, Erico filed a petition with the Appellate Division challenging the High Court's order.
After 12 years of marriage, on January 18 last year, Erico, a physician, appealed for divorce from engineer Imran over marital dispute.
On January 28, 2021, she also filed a case with a Tokyo family court for the custody of their three children.
But on February 21, Imran returned to Bangladesh with their two girls from Japan. After that a Japanese court passed an order giving the children under their mother’s custody.
On August 19, Erico filed a writ petition in the High Court here seeking custody of the two girls.
Chattogram brother, sister get life imprisonment for acid attacks on cousins
A Chattogram court Wednesday sentenced a woman and her brother to life imprisonment for attacking their two cousins with acid in 2010.
Convicts Sharmin Farzana Latif Saki, 33, and her brother Muhammad Iftekhar Latif, 30, were also fined Tk30,000 and Tk50,000.
In case of non-payment, they will receive an additional prison sentence of one year.
Chattogram Fifth Additional Metropolitan Sessions Judge Nargis Akhter passed the order.
Iftekhar and Sharmin were taken to jail after the judgment was delivered, Advocate Taslim Uddin, an additional prosecutor at the court, told UNB.
They threw acid on their cousins Muntaha Karina, 31, and Salsabil Tasnim, 27, at their residence in Chawkbazar's Joynagar area in Chattogram city.
Muntaha and Salsabil's father Anwarul Mubin filed a case over the incident.
On December 14, 2010, the police filed a charge sheet against Iftekhar and Sharmin.
Also read: Man throws acid on ex-wife for divorcing him
Appellate Division declares Tareq's wife Zubaida a fugitive
The Appellate Division of the Supreme Court has said that the High Court violated the constitution in hearing the case of the fugitive accused Dr Zubaida Rahman, wife of BNP senior vice chairman Tareq Rahman.
A full text of the judgment given by the Appellate Division was published on Wednesday dismissing the leave to appeal filed by Zubaida seeking dismissal of the case filed for acquiring assets from unknown sources.
The Appellate Division also declared Zubaida a fugitive.
At the same time, the High Court gave extra benefits to Zubaida violation of the constitution, reads the judgment.
On April 13, a four-judge bench of the Appellate Division headed by Chief Justice Hasan Foez Siddique dismissed the leave to appeal of Zubaida and delivered a brief judgment.
The judgment was written by Justice Borhanuddin. Appellate Division Justice Md Nuruzzaman and Justice M Enayetur Rahim and the Chief Justice agreed with the judgment.
As per the judgement, the judicial court did not take cognizance of the charges against Zubaida in the corruption case. “Where the charges were not taken into account, how did she apply for dismissal of the case under section 561A of Code of Criminal Procedure?” asked the Appellate Division.
READ: HC defers Tarique-Zubaida’s hearing in corruption case
And when she filed the appeal without surrendering before the court, she was a fugitive in the eyes of the law. But a bench of the High Court has issued a rule suspending the trial of the case after hearing the plea of a fugitive, said Anti-Corruption Commission (ACC) lawyer Khurshid Alam Khan.
If a person or accused is a fugitive, he/she cannot file any writ, criminal case or any legal action except surrender. But the High Court has violated the law by giving more benefits to Zubaida Rahman, he added.
The Appellate Division further said all citizens are equal before the law and are entitled to equal protection of the law according to Article 27 of the Constitution. Judges of the Supreme Court of the country have taken an oath to conduct justice without fear or bias. In any case, the judiciary must adhere to this principle. The judiciary will not set a precedent that does not apply to everyone.
ACC filed the case against Tarique, his wife Zubaida and her mother Syeda Iqbal Mand Banu accusing them of amassing illegal wealth and concealing information in wealth statements, with Kafrul police station on September 26, 2007. The accused later filed a petition challenging the legality of the case proceedings.
Later in the same year, the High Court issued a rule suspending the proceedings on the application of Jobaida Rahman.
On April 12 in 2018, the High Court gave its judgement dismissing the rule issued to dismiss the case. At the same time, Zubaida Rahman was ordered to surrender before the court within eight weeks.
Zubaida then filed a leave to appeal in the Appellate Division against the judgment of the High Court.
Lawyers say Zubaida, livimg in the UK, is a fugitive in the case and will now have to go to jail after surrendering. She will then be able to appeal for bail.
BCL-JCD clashes at DU: HC grants 35 JCD men anticipatory bail
The High Court (HC) on Wednesday granted six-week anticipatory bail to 35 Jatiyatabadi Chhatra Dal (JCD) men including its president Kazi Rawanakul Islam Shraban and general secretary Saif Mahmud Jewel in separate cases filed by Bangladesh Chhatra League (BCL) leaders over clashes at Dhaka University.
The court also asked them to surrender to a lower court within this period.
The HC bench of Justice Mustafa Zaman Islam and Justice Md. Salim passed the order.
On May 22 and on May 24, the BCL leaders and activists prevented JCD men from entering the Dhaka University (DU) campus with processions, triggering clashes.
JCD leaders and activists alleged that at least 30 of their leaders and activists were injured in the attack by BCL men.
On May 22, police filed a case at Paltan Police Station and on May 27, president of DU’s Shahidullah Hall BCL Zahidul Islam Zahid lodged a complaint at Shahbagh Police Station against several named and unnamed JCD leaders and activists.
HC stays trial against journo Kajol in 3 cases under DSA
The High Court (HC) on Wednesday stayed for two months the trial proceedings of three cases filed against photojournalist Shafiqul Islam Kajol under the Digital Security Act .
The HC bench of Justice ASM Abdul Mobin and Justice Md Atowar Rahman passed the order after hearing on Kajol’s petition.
Barrister Jyotirmoy Barua appeared for Kajol and deputy attorney general Sujit Chatterjee represented the state.
At the same time, the HC sought all the documents of these cases from the lower court.
The High Court also fixed July 28 for hearing on these appeals.
On February 1, barrister Jyotirmoy filed the petition with the High Court seeking a stay on the framing of charges against Kajol in the three DSA cases.
On November 8 last year, the Cyber Tribunal in Dhaka framed charges against Kajol in three cases filed under the stringent law.
READ: HC grants three more months for converting to digital set-top boxes
Kajol went missing on March 10, 2020, a day after Magura-1 MP Saifuzzaman Shikhor filed a case against him and 31 others, including Manab Zamin Editor Matiur Rahman Chowdhury.
They were sued under the act for publishing and sharing an article on various social media platforms about expelled Jubo Mohila League leader Shamima Noor Papia.
Two other cases were filed against Kajol at Kamrangir Char and Hazaribagh police stations, respectively, under the same act on March 10 and 11 last year.
After his 53 days of disappearance, Kajol was detained by Border Guards Bangladesh (BGB) near the Benapole border on May 3, 2020, and produced in a Jashore court the same day.
Although the court granted him bail in the case, he was sent to jail as the Kotwali police brought another charge against him under Section 54 of CrPC.
On November 24, 2020, the photojournalist secured bail in another case filed against him under the DSA.
On December 17 that year, the High Court granted him bail in the remaining two cases filed under the DSA, clearing the way for his release. He was freed from Dhaka Central Jail on December 25 last year.
'Wanted criminal' held in Chapainawabganj
Rapid Action Battalion (Rab) Wednesday claimed to have arrested a wanted criminal from the district of Chapainawabganj Tuesday night.
The arrestee has been identified as Jahirul Islam, 38, son of Sadikul Islam of the Nandalalpur area in Chapainawabganj’s Gomostapur upazila.
Read: Chuadanga: Man gets life term for killing ex-wife's mother
Jahirul was arrested from the upazila’s Bagdanga lake area by a Rab-5 team, the elite force said. Two pistols, six bullets and two magazines have been seized from his possession, Rab said in a release.
The operation was led by Company Commander Ruh-Fi-Tahmin Taukir of Rab-5 on a tip-off, according to the elite force. The arrestee was wanted in a total of 13 cases, including theft, robbery and under the Explosive Substances Act.
Read: Man detained with 34 gold bars at Chattogram airport
A fresh case will be filed against Jahirul at the local police station.
Chuadanga: Man gets life term for killing ex-wife's mother
A court in Chuadanga has sentenced a man to life in jail for killing his ex-wife's mother some eight years ago.
Chuadanga district judge Zia Haider on Tuesday handed down the punishment to Atiar Rahman, son of late Sher Ali Mandal of Jashore's Guatli village, and also sentenced four others to seven years in the case.
Read: Three held for killing 8-yr-old boy in Barishal
According to the case statement, Atiar married Josna Khatun, daughter of Abdul Quader of Azimpur School Para in Darshana municipal area of Damurhuda upazila. Later, they divorced.
In June 2014, Atiar, along with the four others, went to his ex-wife's house and tried to abduct her.
When Tahmina Khatun, her mother, resisted the kidnap attempt, the five hacked her with sharp weapons, leaving her seriously injured. She was rushed to Chuadanga Sadar hospital, where doctors declared her dead on arrival.
Read: HC grants anticipatory bail to four pro-BNP lawyers
On a complaint from the victim's husband, an FIR for murder was lodged against the five at Damurhuda police station. And on October 31, 2014, investigating officer Mizanur Rahman submitted a chargesheet in the court against the five.
4 get life term for 2008 deaths of two brothers in Sitakunda
A court has sentenced four people to life in prison in a case of beating to death of two brothers in Chattogram's Sitakunda.
At the same time, they have been fined Tk 20,000 each and additional 4 months non-payment imprisonment.
Chattogram Fifth Additional District and Sessions Judge Ashok Kumar Dutta passed the order on Tuesday
Confirming the order, Public Prosecutor (PP) Lokman Hossain Chowdhury said that the accused were Abul Kalam Azad, Badsha Alam, Faruk Mia and Md. Sekander of Baro Aulia area of Sitakunda upazila.
READ: Youth gets life term for raping Thakurgaon woman
According to court sources, on April 20, 2008, Harun and his cousin Zahidul were beaten to death inside a factory in Baro Aulia area of Sitakunda over establishing dominance and enmity.
Harun's father Mohammad Ali filed a case over the murder at Sitakunda police station.
On September 18 of that year, the police submitted a chargesheet against the four, to the speedy trial tribunal.
The four accused were present at the court when the verdict was announced, said PP Lokman.
Three held for killing 8-yr-old boy in Barishal
Three people have been arrested in connection with the murder of an eight-year-old boy in Barishal's Ujirpur upazila, police said on Tuesday.
The deceased was identified as Dipto Mandal, son of Dipak Mandal from Harta union. His body was found stuffed in a sack in a pond around 5.30am on Tuesday, four days after he went missing.
The arrestees have been identified as Ratan Biswas, his wife Eva, and Nayan Shil, said Ali Arshad, officer-in-charge of Ujirpur police station.
Read: 59-year-old woman 'ends life' in Rajshahi
The boy went missing from his house around 11pm on Friday. The next day, his father Dipak filed a missing person's complaint at the police station, the OC said.
“In the early hours of Tuesday, locals and his family members nabbed Ratan and Nayan suspecting their role in the boy's murder. The two have admitted to killing the boy and dumping his body in the pond," he added.
The body has been sent for post-mortem, he said.
HC grants anticipatory bail to four pro-BNP lawyers
The High Court on Monday granted six weeks’ anticipatory bail to four pro-BNP lawyers in a case filed over attacking pro-Awami League lawyers and vandalising the nameplate of Supreme Court Bar Association Secretary Abdun Noor.
It also directed two other pro-BNP lawyers accused in the case to surrender before the court.
An HC bench comprising Justice Jahangir Hossain and Justice SM Mozibur Rahman passed the order taking the plea of the accused.
Jatiyatabadi Ainjibi Forum Supreme Court unit general secretary and BNP’s national executive committee member Gazi Md Kamrul Islam Sajal, Jatiyatabadi Ainjibi Forum Supreme Court unit assistant general secretary Rasel Ahmed, Supreme Court Bar Association executive member Kamrul Islam and Supreme Court Bar Association information and research affairs secretary Sagor Hossain were the ones granted anticipatory bail.
On the other hand, lawyers Abdul Kaiyum and Nure Alam Siddique have been ordered to surrender.
READ: HC directs UGC to find out about pvt unis' benefits for FF children, underprivileged
Khandaker Mahbub Hossain, AJ Mohammad Ali, Joynul Abedin, Mahbub Uddin Khokon, and Ruhul Kuddus Kajol stood for the accused while Deputy Attorney General Md Sarwar Hossain Bappy represented the state.
According to the case statement, pro-BNP and pro-Awami League lawyers locked in a clash over the post of secretary of the Supreme Court Bar Association on May 18.
The following day, Rabiul Hasan, an administrative officer of the SCBA, filed a case with Shahbagh police station, mentioning six names.