Law-&-Order
Legal notice served on Dhaka University for barring married students from halls
A legal notice has been served on Dhaka University authorities asking them to withdraw the restriction on pregnant and married female students over staying at residential halls.
The notice demanded that necessary steps be taken to repeal the discriminatory provision against female students within three working days of receiving the notice, otherwise the intervention of the High Court would be sought in the matter.
Mohammad Shishir Monir, a lawyer of the Supreme Court and a former student of the law department of Dhaka University, sent the legal notice to DU vice-chancellor, registrar, proctor and provosts of three women’s dormitories, including Shamsun Nahar Hall on Wednesday.
Read: Academic libraries: Dhaka University paints a ‘very frustrating’ picture
In the notice, the Supreme Court Lawyer said the right to stay in a university dorm does not depend on whether the student is pregnant and married or not.
Dhaka University still has such discriminatory provisions against female students. This decision is a clear violation of Articles 27 and 28 of the Constitution.
Meanwhile, a meeting of the Provost Standing Committee of Dhaka University was held this evening to discuss the rules of the female students’ hall, said VC Md Akhtaruzzaman.
In the recent media reports, the lawyer came to know that the residential seats of some students of Dhaka University have been cancelled due to their marriage.
Read: DU hall expels third-year student for torturing junior in dorm
According to the Rules of Distribution of Seats and Other Disciplinary Rules for Residential Students of Shamsun Nahar Hall, if any student gets married, she should inform the authorities immediately, otherwise her seat will be cancelled due to violation of rules. Only in special cases, the married student will be given the opportunity to stay in the hall for the current session.
The rules of Shamsun Nahar Hall also stated that pregnant students cannot stay in the hall.
The notice further said that due to that provision, practically married students will be deprived of the opportunity of higher education by availing the residential facilities of the hall. There is a lot of dissatisfaction and excitement among the students about this issue.
Another case lodged against Murad and Nahid in Pabna
Another case has been filed against former State Minister for Information and Broadcasting Murad Hassan and Youtuber Muhammad Mohiuddin Helal Nahid in a Pabna court for derogatory comments about BNP founder Ziaur Rahman and his family members on social media.
Advocate Arshed Alam, president of the Pabna District Nationalist Lawyers Forum, filed the case before the Pabna Chief Judicial Magistrate cognizance court on Wednesday morning.
Read: More trouble brewing for Murad, another case filed
According to the case statement Murad made derogatory remarks on a social media interview on December 1 about Zia family.
Arshed said that all the members of the Pabna Nationalist Lawyers Forum were hurt and thus filed this defamation suit.
Read: Court rejects plea to file case against Murad in Gaibandha
Murad was made the first accused and presented Helal Nahid the second in this case.
Arshed said, Murad made indedent remarks about Barrister Zaima Rahman. It's not just disgracing Zaima, this is disgraceful for all women.”
HC stays govt order on withdrawal of allowance to Birangana Majeda
The High Court on Wednesday stayed a government order on the withdrawal of freedom fighter’s allowance that Birangana Majeda had been getting for four years until 2020.
The HC also issued a rule asking the government to explain as to why the authorities concerned should not be directed to restore the allowance of Majeda, who uses one name, she is entitled to get as a freedom fighter.
A vacation bench of Justice Mamnoon Rahman and Justice Khandaker Diliruzzaman issued the rule after hearing a petition filed by Majeda, wife of Taslim Uddin of Ranishankoil upazila in Thakurgaon district.
Read: Graft case against ex-CJ Sinha: HC asks 2 acquitted persons to surrender
Barrister Sabrina Jerin pleaded for Majeda in the court.
The government recognized Birangana Majeda of Rautnagar village in Ranishankoil upazila as a freedom fighter and a gazette was published in this regard on July 21, 2016.
Since the publication of the gazette, Majeda started getting her allowance as a freedom fighter.
But 0n October 20, 2020, the government published another gazette in which another woman also named Majeda, wife of Daraj Uddin recognising her as a freedom fighter.
This came after the second woman claimed that she was the real freedom fighter and challenged the status of Majeda, wife of Taslim Uddin.
Read: Khaleda’s treatment abroad: HC likely to hear petition Wednesday
After that, the freedom fighter allowance of Majeda, wife of Taslim Uddin had been revoked.
Later, she sent a legal notice to the ministry of liberation war affairs and National Freedom Fighter Council seeking restoration of her freedom fighter allowance.
She filed the writ as the authorities failed to respond to the legal notice.
Raihan murder: Court asks fugitive accused to surrender
A Sylhet court on Wednesday asked the authorities concerned to publish an advertisement in newspapers asking Abdullah Al Noman, a fugitive accused in a case over Raihan Ahmed’s death at Bandarbzar police outpost, to surrender before it.
Sylhet Chief Metropolitan Magistrate Mohammad Amirul Islam passed the order, said Barrister MA Fazal Chowdhury.
Earlier in the day, police produced the five accused in the murder case including then in-charge of Bandarbazar police outpost suspended SI Akbar Hossain Bhuiyan before the court amid tight security.
Barrister MA Fazal Chowdhury said police conducted a drive at the house of Noman but did not find anything related to the case.
Read: One year on, justice for Raihan’s death in custody still remains elusive
The authorities concerned will take steps to publish advertisements in at least two newspapers about Noman to let him know about the court proceedings, he said.
On September 30, a Sylhet court accepted the chargesheet submitted by police against six people, including suspended SI Akbar Hossain Bhuiyan, in the case.
The court also issued a warrant for arresting absconding accused Abdullah Al Noman, who had allegedly helped Akbar flee the country, said Sylhet Metropolitan Police inspector Pradeep Chandra Das.
Akbar was arrested from the Dona frontier area of Kanaighat on November 10.
The other four accused in the case are sub-inspector Hasan Ali, assistant sub-inspector Ahshque Elahi, and constables Harunur Rashid and Titu Chandra Das of Bandarbazar police outpost. All the accused policemen are currently in judicial custody.
On May 5, the Police Bureau of Investigation (PBI) submitted the chargesheet in the case.
According to the chargesheet, Akbar, constables Harunur Rashid and Titu, and ASI Asheque were directly responsible for Raihan's custodial death.
On October 11 last year, the 34 year old resident of Akharia in Sylhet city, was allegedly beaten to death in police custody.
His wife Tahmina Akter Tanni filed a complaint at the Kotwali police station the following day, following which an FIR was registered against unidentified people.
Four policemen, including then in-charge of the Bandarbazar police outpost Akbar, were suspended on October 12. The three other policemen were also withdrawn from the outpost the same day.
Later, the case was transferred to the PBI.
Meanwhile, the Sylhet Metropolitan Police (SMP) had formed a committee to probe the custodial death of Raihan. A primary probe by the committee found evidence against the accused cops.
The victim's autopsy report revealed over 100 injury marks on his body and two of his nails were also pulled out.
On October 22, then SMP Commissioner Golam Kibria was transferred over widespread criticism of the role of police in Raihan’s death.
On November 29, Dr Shamsul Islam, the chief of the Forensic Department of Osmani Medical College Hospital, said that Raihan died due to severe injuries "as per the viscera report".
On November 18, 2020, a court remanded Akbar in judicial custody in connection with Raihan’s death.
How Raihan died
Raihan was allegedly beaten to death in police custody on October 11, 2020.
Raihan called his mother from an unknown number and told her that police took him to the Bandarbazar outpost and demanded Tk 10,000 for his release, in the early hours of October 11.
Read:Raihan custodial death case: Sylhet court accepts chargesheet against 6
Later that day, his uncle rushed to the police outpost with Tk 5,000 but the cops allegedly refused to accept the bribe and asked him to return after arranging Tk 10,000.
Raihan’s uncle then again went to the Bandarbazar police outpost with the money but was told that his nephew had fallen sick and taken to a hospital at 6.40am.
When his uncle went to the hospital, he came to know that Raihan was dead and his body had been sent for post-mortem.
Turning down the allegations of custodial torture, police then said that Raihan was caught by locals in the Kastghar area during a robbery and had been lynched.
However, the news of Raihan’s death triggered massive protests and locals had blocked the Sylhet-Sunamganj Highway, demanding action against the accused cops.
Graft case against ex-CJ Sinha: HC asks 2 acquitted persons to surrender
The High Court on Wednesday asked two people acquitted by a lower court in a case filed against former chief justice Surendra Kumar Sinha and 10 others over laundering Tk 4 crore to surrender before it.
They are Mohammad Shahajahan and Niranjan Chandra Saha.
The HC bench of Justice M Enayetur Rahim and Justice Md. Mostafizur Rahman passed the order after hearing a petition.
The court also wanted to know why the acquittal of the two should not be revoked.
The Anti-Corruption Commission (ACC) on December 20 filed a petition challenging the lower court’s verdict acquitting Shahajahan and Niranjan in the graft case.
Read: Court wraps up witness statements in graft case against ex-chief justice SK Sinha
On November 9, Judge of the Dhaka Special (Court-4) Sheikh Nazmul Alam Khan sentenced former chief justice Surendra Kumar Sinha to 11 years’ imprisonment in the case.
The court also fined S K Sinha Tk 45 lakh, in default, to suffer six months more rigorous imprisonment.
It also ordered the authorities concerned to confiscate Tk 78 lakh from his bank account.
The court also sentenced eight other accused to different jail terms while acquitted two others -- Shahjahan and Niranjan --as allegations brought against them were not proved.
Former managing director of Farmers Bank AKM Shamim got four years’ jail with a fine of Tk 50,000 while Santri Roy Simi and Ranjit Chandra Saha were sentenced to three years’ imprisonment each with a fine of Tk 10,000.
Read: Ex-CJ SK Sinha among 11 faces arrest warrant
The remaining four accused -- Gazi Salahuddin, senior executive vice president and former head of credit division of the bank, Swapan Kumar Roy, first vice president (Credit division), Shafiuddin Askari Ahmed, vice president Md Lutful Haque -- were sentenced to three years’ imprisonment each and fined Tk 25,000 each.
On July 10, 2019, the Anti-Corruption Commission (ACC) filed the case accusing former chief justice SK Sinha and 10 others of accumulating illegal wealth and laundering Tk 4 crore.
On December 10, 2019, the investigation officer in the case submitted a chargesheet against the 11 accused. On August 13, 2020, a court framed charges against the 11, including Sinha.
Khaleda’s treatment abroad: HC likely to hear petition Wednesday
The High Court is likely to hear the writ petition filed on Monday seeking its directive on the government to let BNP chairperson Khaleda Zia go abroad for treatment.
The HC bench of Justice Mamnoon Rahman and Justice Khandaker Diliruzzaman may hear the petition as it has been kept on the cause-list of the court, said Supreme Court Lawyer Advocate Eunus Ali Akond.
Read: Khaleda going through a tough time in hospital: BNP
On Monday, Advocate Eunus Ali Akond filed a writ petition with the High Court seeking its directive on the government to allow Khaleda Zia to go abroad for treatment.
The writ petition sought the court’s directive to allow Khaleda Zia to go abroad for treatment as per article 11, 32 and 49 of the Constitution, Code of Criminal Procedures (CrPC) and the International Human Rights Charter declared by the United Nations.
Cabinet Secretary, Secretary to the President's Office, Chief Secretary to the Prime Minister, Home and Law Secretaries were named as respondents in the writ petition.
Earlier on December 5, Law Minister Anisul Huq said the government is assessing whether there is any legal option to allow BNP chairperson Khaleda Zia to go abroad for medical treatment.
“As there haven many applications, including from lawyers, I think it is appropriate to come to a well-thought-out decision after examining all aspects and whether any scope to do something in any way,” he added.
Khaleda, a 76-year-old former prime minister, has been receiving treatment at Evercare Hospital for various health complications since November 13.
The BNP chief’s medical board members on November 28 said she immediately needs to go abroad for better treatment as she was diagnosed with liver cirrhosis.
On behalf of her family, Khaleda's younger brother, Shamim Iskander, submitted an application to the Home Ministry on November 11 seeking permission to take her abroad for treatment.
Read: Writ seeks HC directive for Khaleda’s treatment abroad
Though the government earlier twice turned down such applications, it is taking time to dispose of the fresh plea of the BNP chief’s family.
On November 28, the Law Minister told parliament that Khaleda is now free as she is not in government custody.
He also said as Khaleda was temporarily released under section 401 of the Criminal Code of Procedure based on some conditions, including not leaving the country, there is no provision in the law to allow her to go abroad now until she submits a fresh petition after returning to jail.
BNP leaders and pro-BNP lawyers, however, have long been arguing that the government has the unlimited authority to take any decision in this regard under section 401 of the Criminal Code of Procedures.
Writ seeks HC directive for Khaleda’s treatment abroad
A writ petition was filed with the High Court on Monday seeking its directive on the government to let BNP chairperson Khaleda Zia go abroad for treatment.
Advocate Eunus Ali Akond filed the writ petition to the office concerned of the High Court.
The writ petition will be presented before the HC bench of Justice Mamnoon Rahman and Justice Khandaker Diliruzzaman for hearing, said Eunus.
Read:Khaleda’s condition worsens again in hospital: Fakhrul
The writ petition sought the court’s directive to allow Khaleda Zia to go abroad for treatment as per the Constitution, Code of Criminal Procedures(CrPC) and the International Human Rights Charter declared by the United Nations.
Cabinet Secretary, Secretary to the President's Office, Chief Secretary to the Prime Minister, Home and Law Secretaries have been named as respondents in the writ petition.
Lawyer Eunus Ali Akond said, “I have filed the writ to protect the human rights of a sick person considering it as my responsibility. I did not file this writ being provoked by anyone else.”
Meanwhile, Barrister Ruhul Quddus Kajal, secretary of the Supreme Court Bar Association, said the BNP and its lawyers have no link with the filing of the writ petition. “Eunus Ali Akond might have filed it from his own interest.”
Earlier on December 5, Law Minister Anisul Huq said the government is assessing whether there is any legal option to allow BNP chairperson Khaleda Zia to go abroad for medical treatment.
“As there haven many applications, including from lawyers, I think it is appropriate to come to a well-thought-out decision after examining all aspects and whether any scope to do something in any way,” he added.
Khaleda, a 76-year-old former prime minister, has been receiving treatment at Evercare Hospital for various health complications since November 13.
The BNP chief’s medical board members on November 28 said she immediately needs to go abroad for better treatment as she was diagnosed with liver cirrhosis.
On behalf of her family, Khaleda's younger brother, Shamim Iskander, submitted an application to the Home Ministry on November 11 seeking permission to take her abroad for treatment.
Read: Khaleda’s treatment abroad: BNP’s rallies in 32 districts from Dec 22
Though the government earlier twice turned down such applications, it is taking time to dispose of the fresh plea of the BNP chief’s family.
On November 28, the Law Minister told parliament that Khaleda is now free as she is not in government custody.
He also said as Khaleda was temporarily released under section 401 of the Criminal Code of Procedure based on some conditions, including not leaving the country, there is no provision in the law to allow her to go abroad now until she submits a fresh petition after returning to jail.
BNP leaders and pro-BNP lawyers, however, have long been arguing that the government has the unlimited authority to take any decision in this regard under section 401 of the Criminal Code of Procedures.
Case against cricketer Nasir, wife: Hearing on charge framing deferred to Jan 24
A Dhaka court on Monday fixed January 24 for hearing on framing charges against three people including Bangladesh national team cricketer Nasir Hossain and his wife Tamima in a case filed over their ‘illegal marriage’.
Dhaka Additional Chief Metropolitan Magistrate Tofazzal Hossain fixed the date in presence of the three accused.
The court earlier fixed today for hearing on charge framing. But, Nasir’s lawyer filed a petition for deferring the date.
Read: Cricketer Nasir, wife Tamima get bail
The court also granted bail to Nasir, Tamima and Tamima’s mother Sumi Akhter.
Earlier on October 31, Dhaka Metropolitan Magistrate Mohamamd Jashim granted them bail when they surrendered before the court and sought bail in the case.
On September 30, a report of Police Bureau of Investigation (PBI) said the marriage between Nasir Hossain and Tamima Sultana is illegal as she is still wife of businessman Rakib Hasan.
PBI investigation officer Mizanur Rahman submitted the report before the court of Dhaka Metropolitan Magistrate Mohamamd Jashim.
Later the court asked cricketer Nasir , Tamima and Tamima’s mother Sumi Akhter to appear before it on October 31.
Tamima allegedly got married to cricketer Nasir without divorcing her husband Rakib Hasan.
According to the PBI report, Tamima did not divorce her first husband Rakib and Rakib did not get any divorce notice from her. Rather, Tamima made a fake divorce notice. So, Tamima is still the wife of Rakib, said the report.
Earlier on February 24, a Dhaka court directed PBI to investigate the case.
Read: Cricketer Nasir, Tamima’s marriage illegal: PBI
Dhaka Metropolitan Magistrate Court Judge Md Jashim passed the order after taking the case filed by Rakib into cognisance.
According to the case statement, Tamima got married to Rakib Hasan on February 26, 2011 and they have an eight year old daughter.
Tamima, a cabin crew of Saudia Airlines, had been staying in Saudi Arabia due to Covid-19 situation since March 10, 2020.
During this time, she contacted her family through mobile phone and social media.
Tamima got married to the cricketer on February 24 while photographs of their marriage went viral on social media which drew the attention of Rakib Hasan.
HC orders to halt acid-based battery-run easy bikes for harmful lead
The High Court on Wednesday asked the authorities concerned to take immediate steps to stop movement of acid-based battery-run easy bikes (three-wheelers) across the country as they release harmful lead in the air.
The HC bench of Justice Mamnoon Rahman and Justice Khandaker Diliruzzaman passed the order after hearing a petition.
Kazi Jashimul Islam, president of Bagh Eco Motor Limited filed the writ seeking its directives to stop the movement of such easy bikes across the country as the lead is harmful to humans.
Advocate Atik Touhidul Islam stood for the petitioner while Deputy Attorney General Amit Das Gupta represented the state.
Advocate Atik said according to the media reports, there are over 40 lakh acid-based battery-run three-wheelers and it’s not environment-friendly as it has a lead which is harmful to the human body.
Due to the presence of lead, people are being infected with many diseases, said the writ.
Court indicts ex-OC Pradeep in a graft case
A Chattogram court on Wednesday indicted former OC of Teknaf Police Station Pradeep Kumar Das in a case over acquiring wealth illegally paving the way for his trial.
Chattogram Divisional Judge Munshi Abdul Majid framed the charges against Pradeep and fixed January 17 for hearing witnesses.
Earlier on September 1, the court accepted a charge sheet in the graft case against the sacked OC and his wife Chumki.
Read: Ex-OC Pradeep denied bail again in ACC case
ACC Chittagong Assistant Director Md Riaz Uddin submitted the charge sheet on July 26.
However, Chumki has been absconding since Pradeep's arrest.
ACC filed the case against Pradeep, now in jail and undergoing trial in Major (retd) Sinha murder case, and his wife for amassing wealth worth Tk 4 crore on August 23 in 2020.
ACC sources said the anti-graft watchdog’s investigation against Pradeep started in 2018.
Read:Graft case: Court orders confiscating properties of Ex-OC Pradeep, wife
On April 20 last year, Pradeep and his wife were asked to submit their wealth statement and they submitted their wealth statements in June that year.
After a long investigation, the ACC found evidence that the couple acquired assets worth more than Tk 4 crore illegally.