Law-&-Order
Father, son land in jail for killing elephant in Chattogram
A Chattogram court on Tuesday sent a man and his son to jail for killing an elephant in Banshkhali upazila of Chattogram district.
In the first such case in the country Mohammad Kamal, 50 and his son Nezam, 22 of Banshkhali upazila were found guilty of electrocuting the elephant on November 30.
Read: Another elephant found dead in Chattogram
They buried the elephant in the area.
The local forest department lodged a complaint against Kamal and Nezam in this connection.
When they were produced before the court by police, Banshkhali Cognizance Court Judge Mainul Islam sent them to jail.
Dhaka court defers framing of charges against Pori Moni in narcotics case
A Dhaka court on Tuesday deferred the framing of charges against actress Pori Moni and two others in a case filed under the Narcotics Control Act.
The trial in the case can begin once charges are framed. All the three accused, including Pori Moni, are currently out on bail in the case.
Dhaka Special Judge of Court-19, Md Nazrul Islam set January 2 next year as the next date of hearing in the case in the wake of a request from the actor's counsel.
Lawyer Nilanjana Rifat Surovi sought some more time from the court on the ground that Pori Moni fell sick on her way to the court this morning.
Also read: 'Rape and Murder attempts' on Pori Moni: Court accepts charges
Though Pori Moni was not present in the court, the other two accused in the case -- Ashraful Islam Dipu and Kabir Hossain -- had appeared before the judge.
On November 15, Dhaka Metropolitan Sessions Judge KM Emrul Kayesh took into cognizance the charges framed by police against the accused and fixed December 14 as the date for the framing of charges.
Earlier, on October 4, the Criminal Investigation Department (CID) submitted a chargesheet against Pori Moni and the two others in the case.
CID inspector and also the investigating officer in the case, Kazi Mostafa Kamal submitted the chargesheet to the Dhaka Chief Metropolitan Magistrate's Court.
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 22, she was remanded in judicial custody again after inspector Kazi produced her in a court on the completion of a day's police remand, her third.
Also read: Court accepts charges against Pori Moni, 2 others in narcotics case
On August 31, a Dhaka court granted bail to Pori Moni in the narcotics case until the submission of the chargesheet. She walked out of jail the following day.
Prisoner tortured in Ctg jail; case against 5 including jail super
A Chattogram court on Monday directed to file the complaint of a lifer’s wife accusing five officials, including the senior superintendent of Chattogram Central Jail, of torturing her husband as a case.
The court also directed the Criminal Investigation Department (CID) of police to investigate the case.
Chattogram Metropolitan Session Judge Sheikh Ashfaqur Rahman passed the order during a hearing.
On November 25, Parvin Akter, the wife of murder convict Md Shamim filed the complaint against the five in the court of Chattogram Metropolitan Magistrate Sarwar Jahan, said plaintiff’s lawyer Syed Motaher Hossain.
Also read: 5 Ctg jail officials in the dock over custodial torture of lifer
The defendants in the case are senior jail superintendent Shafiqul Islam Khan, jailor Dewan Mohammad Tariqul Islam, deputy jailor Md Saimur, and jail guard Sabuj Dash and Subedar Md Emdad Hossain.
According to the complaint, Shamim has remained behind the bars since 2004 after being arrested in a murder case. He was admitted to Chattogram jail hospital until July 17.
On July 12, when he demanded food, accused Subedar Md Emdad Hossain beat him up. On July 17, the five accused officials again tortured Shamim by tying him up with a tree and the same day he was shifted to Cumilla Central Jail.
Being informed about the torture through a phone call from Shamim, his wife on August 22 appealed to Chattogram District Commissioner to take action against the accused.
On November 11, during routine attendance, Shamim apprised the Chattogram court of his alleged ordeal.
Also read: Killing of ‘criminal’ in Ctg jail: Accused put on 5-day remand
Senior jail superintendent Shafiqul could not be contacted.
On April 24, 2007, Shamim was sentenced to death in a murder case. However, five years later, a higher court commuted his sentence to life imprisonment.
Evaly scam: Mithila, Faria get anticipatory bail
The High Court on Monday granted anticipatory bail for eight weeks to actors Rafiath Rashid Mithila and Shabnam Faria in a case filed over fraud and embezzlement associated with their involvement in Evaly, a shuttered e-commerce platform.
The HC bench of Justice Jahangir Hossain Selim and Md Atwar Rahman passed the order asking them to surrender before a lower court after eight weeks.
Advocate Imtiaz Faruk stood for Mithila while senior advocate Yusuf Hossain Humayun and two others stood for Faria.
Also read: Evaly scam case: Actress Mithila, Shabnam Faria seek anticipatory bail
On December 4, an aggrieved Evaly customer, Saad Sam Rahman, filed the case with Dhanmondi police station against nine people, including Evaly CEO Mohammad Rassel, Chairman Shamima Nasrin, actors Tahsan Khan, Mithila, and Faria.
The other accused in the case are Akash, Arif, Taher and Md Abu Taish Kayes.
Mohammad Rassel and Shamima Nasrin, now behind bars, were shown arrested in this case.
Also read: Tahsan, Mithila, Faria face possible arrest over Evaly scam
According to the case, celebrities Tahsan Khan, Rafiath Rashid Mithila and Shabnam Faria were in different positions in Evaly. Because of their presence and their various promotional talks, Saad Sam invested Tk 3,18,000 in Evaly. The plaintiff alleged that he was deceived because of the promotional talks of these celebrities.
Tahsan was the goodwill ambassador of Evaly, while Mithila was associated with Evaly as the face of the company's lifestyle products. Besides, Shabnam Faria joined it as the chief public relations officer.
Quazi Anwar not writer of 260 books of ‘Masud Rana’ series: HC
The High Court on Monday rejected the writ petition of Qazi Anwar Hossain owner of Seba Prokashoni claiming the copyright of 260 books of popular thriller series ‘Masud Rana’.
The court also said copyright of 50 books of ‘Kuasha’ series will remain seized.
The HC bench of Justice Md Ashfaqul Islam and Md Iqbal Kabir passed the order today.
Barrister ABM Hamidul Misbah presented the petitioner’s side while lawyer Khurshid Alam Khan and Iftabul Kamal Ayan appeared for the Copyright office.
Also read: Sheikh Abdul Hakim, 'Masud Rana' ghostwriter, passes away
On July 29, 2019, author Sheikh Abdul Hakim submitted a complaint against Qazi Anwar Hossain for violating section 71 and 89 of the Copyright Act by depriving him of the author rights of those books of Masud Rana and Kuasha series.
On June 14, 2020, the Copyright office passed its decision in favour of Sheikh Abdul Hakim.
Jafar Raza Chowdhury, registrar of Bangladesh Copyright office said, Sheikh Abdul Hakim was given author rights only in one of the Masud Rana series and six of Kuahsa series books but he has proved his authorship for the remaining ones.
“Sheikh Abdul Hakim will have to separately appeal for each book for the author right and copyright,”he said.
The copyright office in its order directed the defense to stop publication and commercial use of the claimed and enlisted books until further order of court or the copyright board.
Also read: HC stays copyright order on Masud Rana, Kuasha series
It also directed the defense to submit the statement of account of the sold books, number of sold books and the number of editions of the books that have registered copyright to the petitioner within 30 days.
Qazi Anwar Hossain later filed a writ challenging the order of the copyright office.
On September 10, 2020, The High Court stayed the decision of Copyright Office Bangladesh for one month.
The court asked the Cultural Affairs Secretary, Copyright Office Bangladesh, Registrar of Copyright and Copyright Board to explain why the Copyright Office’s June 14 decision should not be declared illegal.
Unfortunately on August 29, this year Sheikh Abdul Hakim, ghostwriter of the popular spy thriller series 'Masud Rana', passed away at the age of 75, after losing his long battle with bronchitis.
Investigation of Drik Gallery founder Shahhidul Alam to continue in ICT case: HC
The High Court on Monday cleared the way for the police to continue investigation against renowned photographer Shahidul Alam in a case filed in 2018 under the Information and Technology (ICT) Act.
The HC bench of Justice JBM Hassan and Justice Razik-Al-Jalil passed the order after rejecting a writ challenging the legality of going ahead with the investigation into the case lodged under section 57 of the ICT Act.
In the case Shahidul Alam, founder of Drik Gallery and Pathsala, has been accused of spreading lies and provocative statements on social media during the 2018 student movement for road safety.
Former Attorney General AF Hasna Arif and Barrister Sara Hossain stood for Shahidul while Attorney general AM Amin Uddin and Deputy Attorney General Tushar Kanti Roy represented the state.
Also read: CPJ names Shahidul Alam among four for Int’l Press Freedom Awards 2020
The probe was stayed for three months by the High Court on March 14, 2019 following a petition from the internationally known photographer. This was later upheld by the Appellate Division.
In the petition Shahidul said that the case was lodged to harass him. He also challenged the legality of the case and sought court’s order to stay all proceedings relating to it.
Shahidul was picked up from his Dhanmondi residence by detectives on August 5, 2018 after he gave online interviews to international media and went live on Facebook in support of the students who took to the streets of Dhaka demanding safety on roads.
Also read: Probe into Shahidul case to remain halted
A case was filed against him with Ramna Police Station the following day for 'spreading propaganda' through Facebook.
The High Court granted him bail on November 15, 2018 and he was released from jail on five days later on November 20.
'Rape and Murder attempts' on Pori Moni: Court accepts charges
A Dhaka court on Monday accepted the charges in a case filed by film actress Pori Moni against three people including businessman Nasir U Mahmud and his associate Tuhin Siddiqui Omi bringing charges of rape and murder attempts on her.
Women and Children Repression Prevention Tribunal-9 Judge Md Hemayet Uddin accepted the charges in the case rejecting Pori Moni’s no-confidence petition.
Read: Court accepts charges against Pori Moni, 2 others in narcotics case
The court also issued a warrant for arresting fugitive accused Shah Shahidul Alam.
Meanwhile, the court fixed March 3, 2022 fir beginning trial in the case.
Earlier on Dec 1, Pori Moni filed a no-confidence petition seeking further investigation.
On September 6, inspector Md Kamal Hossain of Savar police station, the investigating officer, submitted the charge-sheet against the three accused to the Dhaka Chief Judicial Magistrate's Court.
In her verified Facebook page, Pori Moni uploaded a status seeking justice from Prime Minister Sheikh Hasina, claiming that the six people attempted to rape and kill her at the Uttara Boating Club on June 9.
On June 14, Pori Moni filed a sexual assault complaint against six people, including Nasir and Omi, with Savar Model Police Station.
Later, Nasir and four others were arrested from Uttara by a team of detectives.
Read: Multiple remands of Pori Moni: 2 magistrates seek unconditional apology to HC
Later, police filed a narcotics case with Airport Police Station against Nasir and Omi over the recovery of liquor and Yaba pills during their arrest.
On June 23, a Dhaka court placed Nasir and Omi on a five-day remand each in the case.
The court on June 29 granted bail to Nasir and Omi in the case.
SC: 2 Japan-born girls to stay with Japanese mother for 2 days
The Supreme Court on Sunday directed that the two children of Bangladeshi-born US citizen Imran Sharif and Japanese mother Nakano Erico will stay with their mother for two days on December 13 and 14.
The court also asked to present the two girls before the court on December 15 for the next hearing on the custody case.
An Appellate Division bench of five justices led by Chief Justice Syed Mahmud Hossain passed the order.
On November 21, the HC bench of Justice M Enayetur Rahim and Justice 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 bear her travel and accommodation expenses, said the court.
Read: HC allows two girls to stay with Bangladeshi father in custodial battle with Japanese mother
If Eriko wants to meet her children beyond the court-prescribed time she has to do it at her own expenses, the court said.
Imran was also instructed to allow the children to talk to their mother on video calls twice a month on holidays.
Following the writ petition, the High Court also ordered Imran to give Tk 10 lakh to Eriko for the expenses she incurred to travel to Dhaka and stay here within seven days.
The concerned social service officer has been directed to continue monitoring the development regarding the children and submit a report to the Registrar of the High Court on the issue of children every three months.
However, the high court has rejected the writ petition filed by Imran seeking directions to produce their third and youngest daughter, who is in Japan.
Read: HC directs lawyers to settle custody dispute over Japanese children in 12 days
After 12 years of marriage, on January 18, Erico, a physician, appealed for divorce from Engineer Imran Sharif over marital dispute.
On January 28, she also filed a case with a Tokyo family court for custody of their three children.
But On February 21, Imran returned to Bangladesh with the first two girls fom Japan. After that a Japanese court passed a verdict giving the children under their mother’s custody.
On August 19, Erico filed a writ petition before the High Court here seeking custody of the two girls.
HC stays labour law violation case against Dr Yunus for 6 months
The High Court on Sunday stayed for six months the procedure of a case filed against Nobel Laureate and Chairman of Grameen Communications Dr Muhammad Yunus over violation of labour law.
The HC bench of Justice Md Habibul Gani and Md Riaz Uddin Khan passed the order during a hearing on a petition seeking cancellation of the case.
The court also issued a rule asking the Department of Inspection for Factories and Establishments why its case will not be set aside. The court asked secretaries of the ministry of law, ministry of labour and employment and others involved to respond to the rule.
Barrister Ruhul Kuddus Kajal presented the petitioner’s side while Assistant Attorney General Mahfuzur Rahman Likhon appeared for the state.
Read: Contempt of Court: Dr Yunus exempted from personal appearance before court
On September 9, Labour Inspector Arifuzzaman of the Department of Inspection for Factories and Establishments filed the case with Dhaka third labour court.
Other accused in the case are Ashraful Hasan, Managing Director of Grameen Telecom, it's director Nurzahan Begum and Shahjahan.
According to the case complaint, in an inspection visit to Grameen Telecom inspectors of the department found that 101 workers and staff who were supposed to be permanent were not made so.
No participation fund and welfare fund was formed for them and five per cent of the company’s profit was not provided to the workers following the law.
Read: Apex court upholds HC order staying 5 cases against Dr Yunus
Upon the complaint a criminal case was filed under section 4,7,8, 117, 234 of the Labour Act.
On October 12, the labour court granted bail to the all four accused.
Later on December 7, Dr Yunus filed a petition with the High Court seeking dropping of the case.
HC dismisses BNP lawmaker Harun's appeal against jail term, but reduces sentence
The High Court has rejected an appeal by BNP legislator Harun-ur Rashid Harun to set aside a five-year jail sentence awarded by a lower court for abusing duty-free import facilities.
The single bench of Justice Md Selim in its order on Thursday, however, reduced the sentence to the time already served in jail. In this case it is 16 months.
The same is applicable to co-accused businessman Enayetur Rahman and car dealer Ishtiaq Sadeq.
This ruling meant that the three, out on bail, would not return to prison.
Also read: Derogatory remarks on PM: HC orders removal of Alal’s videos from social media
Harun's lawyer Barrister Mahbub Uddin Khokon said that Harun need not vacate his parliament seat following the order, though unhappy over dismissal of the appeal against jail sentence.
"We are disappointed by this order," said Barrister Mahbub Uddin Khokon. He said they will challenge the ruling before the Appellate Division..
He also said MP Harun has been behind the bars for a total of 16 months. The High Court has sentenced him to the time already spent in jail. However, according to the constitution, to vacate a seat of parliament, one has to be imprisoned for at least two years, he argued.
On the other hand, ACC lawyer Khurshid Alam Khan said that the judgment of the Trial Court was upheld in the order by the High Court today.
However, he claimed that Harun will lose his parliament seat as per the judgment.
According to the case, Harun imported a duty-free vehicle Hammer in 2005 using MP quota. He later broke the promise made in a non-judicial stamp of Tk 150 and sold the car to businessman Enayetur Rahman Bappi through Sky Auto’s owner Ishtiaq Sadeq, evading Tk 87.71 customs duty.
Later, a case was filed against MP Harun and two others at Tejgaon Police Station on March 17, 2007.
Also read: Rangpur custodial death: HC forms 3-member committee
In July, 2007, ACC Assistant Director Monayem Hossain after investigation submitted a charge-sheet before the court against the trio.
October 21 in 2019, Dhaka Special Judge Court-4 sentenced MP Harun to five-year imprisonment. The court fined him Tk 50 lakh, in default, to suffer six months more imprisonment.
The court also sentenced Managing Director of a private TV channel Enayetur Rahman Bappi to two years jail with Tk one lakh fine while businessman Ishtiaq Sadeq, to three years imprisonment with Tk 40 lakh fine.
Harun and three others appealed against the sentence before the High Court on October 26 of that year.