Law-&-Order
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.
Police instructed not to impede good-laden vehicles without specific reason or complaint
Field level police have been instructed not to stop or impede vehicles carrying goods on the highways or roads without any specific complaint or information.
The instruction was given to field level police officers during a virtual meeting on monthly crime review for the month of February, 2022 held at the police headquarters on Tuesday, with Additional IG (Crime and Operations) M Khurshid Hossain in the chair.
The meeting was attended by all the Metropolitan Commissioners, Range DIGs and District Police Superintendents.
Saying that Police are in a tough position to curb extortion during the holy month of Ramadan and the upcoming Eid, Additional IG M Khurshid Hossain said that "no vehicle carrying goods on the highway or road can be stopped without any specific complaint or information."
During the meeting, Additional IG M Khurshid Hossain also said that security of shopping malls and markets have to be strengthened with a focus on Ramadan and Eid.
ALso read: IGP urges police members to stay away from crime
He emphasized on strengthening traffic management to keep the traffic flowing normally.
The meeting emphasized bringing the police service to the doorsteps of the people by making the beat policing activities more dynamic.
At the meeting, AIG (Crime East) Md. Jalal Uddin Ahmed Chowdhury highlighted the overall crime situation for the month of February ,2022.
The meeting was informed that cases related to robbery, murder, speedy trial, riot, kidnapping, police assault, burglary and theft decreased in February, 2022 as compared to January , 2022.
However, the number of cases of repression on women and children increased in February, 2022 as compared to January, 2022.
On the other hand, women and child repression related cases are much less than in February, 2021.
Besides, the number of recovered related cases has increased in February, 2022 as compared to January, 2022.
It was mentioned in the meeting that the number of cases has decreased in the month of February 2022 as compared to the previous month of January, 2022.
2 to die for 2017 underworld murder in Khulna
A Khulna court on Tuesday sentenced two people to death and two others to life imprisonment in a case filed over the murder of a man in 2017.
Khulna Public Safety Disturbance Crime Prevention Tribunal Judge Md Saifuzzaman Hero handed down the judgment.
The condemned convicts are --Sumon Mallik and Ashiqur Rahman Ashique while the lifers are identified as Kalu alias Choto Kalu and Md Taleb.
Also read:4 to die for killing three-wheeler driver in Khulna
Sumon, Ashique and Kalu were tried in absentia.
The tribunal also fined Kalu and Taleb Tk 10,000 each.
According to the prosecution, Shahidul and the convicts had long been involved in different criminal cases including mugging, robbery and drug running in Khulna city.
In the meantime, the convicts developed an enmity with Shahidul over controlling the illegal businesses.
As a sequel to the enmity, the convicts stabbed Shahidul indiscriminately near Joragate area of the city on July 11, 2017, leaving him critically injured.
He was taken to Khulna Medical College and Hospital where the doctors declared him dead.
Also read:Man to die for killing wife in Feni
An FIR was lodged with Kotwali Model Police and police submitted chargesheet against seven people on August 22, 2017.
The court also acquitted three others as allegations brought against them could not be proved.
Five get life in jail for killing company exec in Khulna
A Khulna court on Tuesday sentenced five people to life imprisonment for killing a senior executive of a private company in 2012.
The court also imposed a fine of Tk 10,000 on each of the convicts -- Mehedi Hasan Starling, Md Ariful Haque Sajal, Nahid Reza Rana alias Lezar Rana, Md Dalim Sikder alias Amir Sikder Dalim, and Sajal Mollah.
Of them, Mehedi Hasan is the son of the owner of Modern Seafood Industries, the company whose executive was murdered.
Khulna sessions judge Md Shahidul Islam, however, acquitted four other accused in the case.
According to the prosecution, the convicts, led by Mehedi Hasan, killed Uzzal Kumar Saha, the senior executive of Modern Seafood Industries Limited in front of Jahura Khatun School on Shamsur Rahman Road in Khulna city on June 7, 2012, over "a personal matter".
Uzzal’s younger brother Suman Kumar Saha filed a complaint at Khulna Sadar Police Station on the same day, based on which a murder case was registered.
RU prof murder: SC upholds death penalty of two
The appellate division of the Supreme Court on Tuesday upheld the High Court’s death sentence of two convicts and life imprisonment of two others in the murder case of Rajshahi University Professor S Taher Ahmed.
A bench of six justices, led by Chief justice Hasan Foez Siddique, passed the order, rejecting the appeal of the defence in this case.
The two death row convicts of the case are Dr Mia Mohammad Mohiuddin, associate professor of Rajshahi University’s geology and mining department, and Md Jahangir Alam, caretaker of Professor S. Taher’s residence.
The two lifers are Nazmul Alam and Abdus Salam, relatives of caretaker Jahangir Alam.
Attorney general AM Amin Uddin and deputy attorney general (DAG) Bishwajit Debnath represented the state, while lawyer SM Shahjahan and barrister Ehsan E Siddique appeared for the convicts.
DAG Bishwajit Debnath said, "Killing a professor just for promotion is a heinous crime and justice has been served through this order. The defence can now appeal for the review of the order and seek presidential pardon if the appeal gets rejected. The death sentence will be executed if the convicts don’t get clemency.”
Also read: SC bans easy bikes from highways to prevent accidents
Meanwhile, Professor Taher’s wife Sultana Ahmed, son Sanzid Alvi, and daughter Shegufta Tabassum Ahmed were content with the order.
“After 16 years of struggle, we got justice. Will be fully content when the same will be executed,” said Taher’s wife Sultana Ahmed.
Prof Taher’s body was recovered from a drain near his residence, two days after he went missing on February 1, 2006.
On February 3, a murder case was filed at Motihar police station in Rajshahi, following a complaint lodged by his son Sanzid.
Also read: Sagar-Runi murder: Final hearing on 10-year old HC rule on Tuesday
A Rajshahi Speedy Trial Tribunal on May 22, 2008, sentenced to death the four accused.
The tribunal also acquitted two persons, including former RU Chhatra Shibir president Mahbubul Alam Salehi.
Later on May 13, 2013, the High Court upheld the death penalty of Mohiuddin and Jahangir, but sentenced Salam and Nazmul to imprisonment until death.
After the order, the convicts moved the apex court.
Now, Sylhet inspector suspended over FB status update on ‘teep protest’
An inspector in Sylhet has been suspended for allegedly posting a status on his Facebook profile about the teep (bindi) protests in Bangladesh over the alleged harassment of a female college teacher by a constable in Dhaka.
Teep (a Bengali word) is actually a bindi, a coloured dot worn between the eyebrows, especially by women in Bangladesh and other South Asian countries.
The punitive action was taken against Md Liakat Ali, an inspector at the Sylhet sadar court, on Monday after the superintendent of police was informed about the status update, Md Lutfor Rahman, spokesperson for Sylhet district police (media), said.
A three-member probe body has also been formed and it has been asked to submit a report within three working days, he said.
Earlier, ASP Lutfor Rahman had said, “The inspector in question has been removed his post as there are specific guidelines from the Bangladesh Police HQ about the use of social media by cops. A departmental action will be taken against him.”
However, suspended inspector Liakat Ali said, “I published the post from a positive point of view, women wear teep and my wife also wears it. My status was on men protesting wearing women’s accessories. My motive was not to make the post viral nor am I a misogynist police officer.”
Read: Cop suspended for harassing woman for wearing Teep
He claimed to have deleted the post, following flak from people.
A constable (protection division) of Dhaka Metropolitan Police (DMP) allegedly harassed a college teacher for wearing ‘teep’ in the city’s Farmgate area on Saturday, triggering condemnation from women's and rights groups.
The issue went to Parliament when actress-turned-lawmaker Suborna Mustafa raised it on Sunday, demanding punishment for the offender.
The harassed teacher Dr Lata Samaddar, a lecturer of the theatre and media studies department at Tejgaon College, has already filed a complaint at Sher-e-Bangla Nagar police station.
In her complaint, she claimed that the harassment occurred in front of Shezan Point shopping mall in the Farmgate area as she was on her way to work. She also alleged that the policeman also threatened her and tried to hit her with his motorbike when she resisted.
"Following the complaint, police identified the constable as Nazmul Tarek after two days of frantic efforts and suspended him on Monday,” said Biplab Sarkar, deputy commissioner of Tejgaon division.
The punitive action was taken against the policeman as he admitted his guilt, DMP said in a release.
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.
Shahjahanpur double murder: 5 including AL leader put on 5-day remand
A Dhaka Court on Sunday placed an Awami League leader and four others on five-days' remand over the murder of an Awami League politician and a female college student in Shahjahanpur.
The accused are Omar Faruk, 52, general secretary of No 10-ward unit of the Awami League, and Abu Saleh Shikder alias shooter Saleh, 38, Nasir Uddin alias Killer Nasir, 38, Morshedul Alam alias Kayla Palash, 51, and Arfanullah Damal.
Dhaka Metropolitan Magistrate Syed Mostafa Reza Nur passed the order when the investigation officer Yeasin Shikder, inspector of the Detective Branch of Police, produced them before the court with 10-day remand prayer.
On Friday night, the Awami League politician was among four people detained by the elite Rapid Action Battalion (Rab) in connection with the Shahjahanpur shooting.
Also read: Shahjahanpur double murder: Ruling AL politician among 4 held
On the night of March 24, AL politician Zahidul Islam Tipu, who was on a microbus, and Samia Afrin Priti, a 22-year-old college student, who was returning home on a rickshaw, were killed in firing in front of Islami Bank Hospital.
Tipu was a former general secretary of the AL Motijheel committee and Priti was a student of Begum Badrunnesa Government College. Tipu’s driver was also injured in the firing.
They were all stuck in a traffic jam in the area when a biker wearing a helmet and a mask appeared from nowhere and fired at them.
The next day, a case was filed against unidentified people over the double murder.
Also read: Shahjahanpur double murder: Second suspect put on 1-day police remand
On March 27, police arrested Akash, 34, the prime accused in the double murder case from Bogura district. The next day, a Dhaka court placed Akash on a seven-day police remand for custodial interrogation.
On March 31, Dhaka Metropolitan Police (DMP) detectives arrested Arfanullah conducting a drive in the city’s Kamalapur area. He was placed on one-day remand on Friday.
BGB seizes smuggled goods worth Tk 118 cr in March
Border Guard Bangladesh (BGB) seized different types of smuggled goods including arms and drugs worth Tk 118.11 crore in anti-smuggling drives across the country in March this year.
Sources at the BGB headquarters said the seized drugs include 13,41,023 Yaba pills, 5.044 kg crystal meth also known as ice, 3.513 kg heroin (brown sugar), 1.275 kg opium, 38,637 bottles of Phensidyl, 17492 bottles of foreign liquor, 2595 cans of beer, 2744 kgs of hemp, 53,322 stimulant injections, 21,505 pieces of Anegra and Senegra tablets, 4,591 Eascof syrup and 3,74,568 other tablets during the period between March 1 and March 31.
Read: BGB seizes Yaba worth Tk 5.1 crore from Cox's Bazar
Other smuggled goods include 1.173 kg gold, 20 kg silver, 4, 35,530 cosmetics items, 2,513 imitation jewellery, 11,730 sarees, 2 ,213 three-piece sets, blanket and shirt pieces, 1345 pieces readymade garments, 3,492 cubic feet of timber, 9,424 kgs of tea, 33,930 kgs of coal, one touch stone idol, six trucks/covered vans, four private cars/microbuses, eight pickup vans, 35 CNG and engine driven auto-rickshaws and 71 motorcycles.
The seized arms included one pistol, two guns, 16 rounds of bullets and one magazine.
Besides, legal action has been taken against 374 smugglers and six Indians for illegally crossing the border during the period, said Public Relations Officer of the BGB headquarters Md Shariful Islam.
Violence at Benapole land port: Municipality councilor held with firearms
Detectives arrested a councilor of Benapole municipality along with two firearms and magazines from Godkhali village in the early hours of Saturday in connection with bomb attacks at the land port on March 26.
The arrestee is Rashed Ali, 45.
Rupak Kumar, officer-in-charge of Jashore district DB police said a group of terrorists led by Rashed Ali carried out bomb attacks in the land port area on March 26, aiming to establish control at Benapole land port.
At least 20 workers were injured in the bomb blasts. Later, SI Masum of Benapole Port Police Station filed 3 cases with the police station. Since then, Rashed had been on the run, Kumar added.
Read: Shahjahanpur double murder: Second suspect put on 1-day police remand
On Saturday, detectives conducted a drive in Godkhali village and arrested him along with 2 foreign pistols and 4 magazines.
Rashed was accused in 13 cases including terrorism, extortion, and murder.
He is being interrogated by the DB office, he added.