Law-&-Order
Writ seeks cancellation of Evidence Act provisions on rape victims’ character
A writ petition was submitted before the High Court on Sunday seeking abolition of two provisions of the Evidence Act, 1872, which allow raising questions about the character of rape victims who are usually women.
Lawyer Sara Hossain filed the petition on behalf of three rights organizations- Bangladesh Legal Aid and Services Trust, Ain O Salish Kendra and Naripokkho before the HC bench of justice M Enayetur Rahim and Md Mostafizur Rahman.
The petition sought a rule on why section 155 (4) and 146 (3) of the Evidence Act will not be deemed unconstitutional and not be abolished, said Sara Hossain.
Also read: Brahman-breed cows: Writ filed seeking their release
The lawyer said, “According to these sections woman who files complaint of rape and sexual harassment is generally presumed of immoral character and her character and background can be questioned and inquired in the court.”
Rights groups have been campaigning against these provisions for long, said Sara adding that they are now seeking intervention from the High Court.
She said the hearing on the petition is likely to be held next week.
Also read: Writ seeks judicial inquiry into Banskhali shooting
Section 155(4) of the act says, "When a man is prosecuted for rape or an attempt to ravish, it may be shown that the prosecutrix was of generally immoral character.”
Meanwhile section 146 (3) says during cross examination a witness can be questioned to shake his credit, by injuring his character, although the answer to such questions might tend directly or indirectly to criminate him or might expose or tend directly or indirectly to expose him to a penalty or confiscation.
Judge Kamrunnahar loses judicial power temporarily
Mosammat Kamrunnahar, Judge of the Dhaka Women and Children Repression Prevention Tribunal-7, has been asked not to sit in the court from Sunday morning.
However, she has been attached to the law and justice department of the Law Ministry.
Chief Justice Syed Mahmud Hossain took the decision in consultation with senior justices of the Supreme Court (SC), revoking her judicial power temporarily, said an SC media release.
“As per the directive, Judge Kamrunnahar won’t be allowed to sit in the court from 9:30 am on Sunday,” the release said.
Read: Nine new High Court judges take oath
However, the SC also sent a letter to the Law Ministry seeking attachment of Judge Kamrunnahar to the Law Justice and Parliamentary Affairs Division after revoking her judicial powers temporarily.
The SC issued the press release a day after Law Minister Anisul Haque said he would send a letter to the Chief Justice seeking action against Judge Mosammat Kamrunnahar for making an observation while delivering judgement in the Banani double rape case.
Read: Plan to dispose 6 lakh pending cases by 2022: Law Minister
Five accused in the sensational Banani Raintree Hotel rape case were acquitted by the court of Judge Mosammat Kamrunnahar.
In her judgement on Thursday, Kamrunnahar recommended the police not to accept rape cases 72 hours after the incidence.
Banani double rape case: Shafat, 4 other accused acquitted
A Dhaka court on Thursday acquitted all five accused, including Shafat Ahmed, from the charges of raping two girls in a hotel in the capital’s Banani area in 2017.
Safat Ahmed is son of Apan Jewellers co-owner Dildar Ahmed Selim.
The other accused are Nayeem Ashraf, Safat’s friend Sadman Sakif, Shafat's driver Billal Hossain and bodyguard Rahmat Ali.
Read: Judgment deferred again in Banani double rape case
Dhaka Women and Children Repression Prevention Tribunal-7 Judge Begum Kamrunnahar passed the acquittal order in presence of the accused as the prosecution failed to prove the charges brought against them’.
The delivery of the judgment was rescheduled twice-on October 12 and October 27.
On June 7, 2017, investigation officer of the case Inspector Ismot Ara submitted a charge sheet to the court against five accused.
On June 19, the tribunal accepted the charge sheet.
On May 6, 2017, one of the two abused girls filed the case with Banani Police Station against five persons including Shafat and Sadman Sakif.
Read: Banani double rape: 5 accused sent to jail, verdict on October 12
According to the case statement, Safat and Nayeem raped the plaintiff and her friend on March 28 at The Raintree Dhaka in the capital's Banani area while the three others assisted them.
The victims were acquainted with Safat through Sadman two weeks before the incident and they were tricked in attending a grand program at the hotel on that day, said the statement.
James sues Banglalink for “breaching” copyright law
Bangladesh’s rock icon James, popularly known as 'Nagar Baul’ James, lodged a complaint against mobile operator Banglalink for allegedly breaching the copyright law. Faruq Mahfuz Anam alias James appeared before Dhaka Metropolitan Magistrate KM Emrul Kayesh and lodged the complaint under section 71/82/91 over copyright issue.
Read: Rock icon James to headline Brandmyth’s winter concert in city After the recording of James’ statement, the Magistrate asked five officials of Banglalink to appear before his court on November 30 and explain their role, said additional public prosecutor Taposh Kumar Pal.
Ex-CJ Sinha gets 11 years in graft case
A special court in Dhaka on Tuesday sentenced former chief justice Surendra Kumar Sinha to 11 years’ imprisonment in a case filed over laundering Tk 4 crore.
Judge of the Dhaka Special (Court-4) Sheikh Nazmul Alam Khan handed down the verdict.
The court also fined S K Sinha Tk 45 lakh, in default, to suffer six months more rigorous imprisonment.
Read:CJ Sinha corruption case: Spl court defers judgment to Oct 21
It also ordered the authorities concerned to confiscate Tk 78 lakh from his bank account.
The court also sentenced eight other accused in the case to different jail terms while acquitted two others -- Md Shahjahan and Niranjan Chandra Saha --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.
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.
Read: Money laundering case: EX- CJ Sinha among 11 indicted
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.
Earlier, the judgment in the graft case was scheduled to be delivered on October 5 and then it was deferred to October 21 as the judge was on leave.
On August 29, seven of the 11 accused in the case pleaded "not guilty".
They are Mahbubul Haque Chisty, former audit committee chairman of Farmers Bank, former managing director of the bank AKM Shamim, first vice-presidents Swapan Kumar Rat and Md Lutful Haque, and former senior executive vice presidents (SEVPs) Gazi Salahudiin, Md Shahjahan and Niranjan Chandra Saha.
On August 24, the defence lawyers grilled the investigating officer of the case, Benazir Ahmed, also the director of the ACC. Twenty-one witnesses had testified in the case.
Read: Ex-CJ Sinha, 10 others accused of graft, money laundering
On September 25, 2019, the anti-graft body summoned five officials of Farmers Bank for interrogation over the deposit of Tk 4 crore in CJ Sinha’s account with the Supreme Court branch of Sonali Bank.
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.
ACC summons Ideal school and college principal over graft allegation
The Anti-Corruption Commission (ACC) on Monday summoned Ideal school and college principal Shahanara Begum over the allegation of acquiring illegal assets.
A letter signed by the Assistant Director of the ACC Ataur Rahman Sarkar asked the principal to be appeared on November 15 at the ACC head office to record her statement.
Also read: Corruption allegations: ACC summons 15 Thakurgaon teachers
Deputy Director of ACC Public relation office Muhammad Arif Sadeq confirmed this to UNB.
If she fails to appear at ACC at the given time, it will be considered that she does not have any statement regarding the charges against her, he said.
Photojournalist Kajol indicted in 3 DSA cases
The cyber tribunal in Dhaka on Monday framed charges against photojournalist Shafiqul Islam Kajol in three cases filed under the Digital Security Act (DSA).
Judge Ash Sams Joglul Hossain of the Dhaka Cyber Tribunal fixed January 2 for the formal trial to begin with the deposition of witnesses.
Journalist Kajal, now on bail, pleaded innocence and demanded justice.
Read:Dhaka cyber court accepts charges against Kajol
Earlier, the hearing on charge framing in the cases was scheduled to be held on October 21. As the judge of the tribunal Ash Sams Joglul Hossain was on leave, acting judge Iqbal Hossain fixed November 8 for the hearing.
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 DSA for publishing and sharing an article on social media about expelled Jubo Mohila League leader Shamima Noor Papia.
Two other cases were filed against Kajol at Kamrangir Char and Hazaribagh police stations 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 on the same day.
Read:Court takes cognizance of charges against photojournalist Kajol
Although the court granted him bail in the case, he was sent to jail as Kotwali police brought another charge against him under Section 54 of the Code of Criminal Procedure.
On October 19, 2020, the High Court issued a rule asking the government to explain why photojournalist Kajol should not be granted bail in the case filed at Sher-e-Bangla Nagar Police Station.
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 two cases filed under the DSA, clearing the way for his release.
He was freed from Dhaka Central Jail on December 25 last year.
Dispose child custody cases in 6 months: High Court
The High Court on Sunday directed family courts to dispose of cases filed over the custody of children in six months.
The law secretary and Supreme Court registrar general have been asked to deliver the directive to the family courts concerned.
Read:HC passes split order on granting bail to Destiny Group director
A bench of Justice M Enayetur Rahim and Justice Md Mostafizur Rahman issued the directive, following a writ petition filed by a mother in Rangpur seeking custody of her child from her ex-husband.
The bench also ordered the family court in Dhaka to finish the trial proceedings of the case filed by the writ petitioner by March 31, 2022.
At the same time, the High Court said that the mother would be able to go to Rajshahi to see and spend time with the child, for which the concerned police commissioner has been asked to provide assistance.
Disposing of the writ, the court said it was sad and frustrating that the case filed in a family court regarding the custody of the child is still not settled, even 2-3 years after being filed.
Lawyer Motahar Hossain Sazu appeared for the mother, while lawyers Fawzia Karim Firoz and Kazi Maruful Alam appeared for the father of the child during the hearing.
Read: HC issues contempt of court rule against DU VC , 3 others
According to the case, the writ petitioner, a woman from Rangpur, married a man from Rajshahi in 2011 and they became parents of a daughter in 2015. However, they got divorced in 2018 and since then the child has been living with the father.
The mother filed a case with the family court in Dhaka seeking custody of the child. As the family court failed to settle the case, she filed a writ petition in the HC.
SC suspends execution of death row convict until release of full judgment
The Supreme Court on Sunday postponed the execution of a death row convict Shukur Ali in a child rape and murder case in Kushtia until the release of the full text of the judgment.
The Appellate Division asked Attorney General AM Amin Uddin to inform IG(Prison) and the jail authorities of the order.
The five-member bench led by Chief Justice Syed Mahmud Hossain passed the order after convict’s lawyer Helal Uddin Molla informed it of the preparation to execute Shukur following an ‘advance order’ of the court.
Helal Uddin prayed for court’s intervention as Shukur couldn’t appeal for review of the verdict as the full text of the order was not released as yet.
The apex court said the advance order was issued to transfer other three convicts from condemn cells whose punishment was reduced to life term imprisonment from death penalty.
Read:SC forms 5-member committee to prevent sexual harassment
Meanwhile Helal Uddin said the advance order was already sent to Kashimpur Jail from Kushtia court and the preparations were made to execute the convict. As part of the process the convict sent clemency appeal to the President which got rejected, he said.
The Appellate Division on August 18 this year upheld the death penalty of Shukur Ali, and commuted death sentences of three others to life imprisonment in a case filed over abduction, rape and murder of 13-year-old girl in Kushtia in 2004.
The court later asked Shukur Ali’s lawyer Helal Uddin to submit a appeal to Chamber Judge for necessary direction in this regard and ordered to suspend the execution till November 16.
Chamber Judge Obaydul Hasan passed the order and directed IG (Prisons) and jail authority for enactment.
The court also asked Shukur’s lawyer to submit petition following the procedures for reviewing the judgment.
The other three accused sentenced life imprisonment in the case are Nuruddin Sentu, Azanur Rahman and Mamun Hossain.
On March 25, 2004, the victim was abducted by the accused while returning from a neighbour’s house after watching television at Lalnagar village under Kushtia's Daulatpur Upazila.
They took her to a tobacco field, raped and killed her.
The following day, her father filed a case against five people with the Daulatpur Police Station in connection with the incident.
Read:SC directs to deduct custody time from total jail term given to convicts
On February 4, 2009, The Women and Children Repression Prevention Tribunal of Kushtia sentenced five accused, Shukur, Sentu, Azanur, Mamun and Kamrul to death in the case.
Later the convicts filed separate appeals with the HC, challenging the verdict while the death reference was sent to the court for approval.
In the meantime convict Kamrul died in jail.
In 2014, The HC upheld their punishment.
Later the convicts filed appeals with the Appellate Division challenging the HC verdict.
HC passes split order on granting bail to Destiny Group director
The High Court on Sunday passed a spilt order on a petition over granting bail to Destiny Group Director Lt Col (retd) Didarul Alam in a money laundering case.
The HC bench consisting of Justice Md Nazrul Islam Talukder and Justice SM Mzibur Rahman passed the order.
Read: SC forms 5-member committee to prevent sexual harassment
Lawyer Sarwar Hossain appeared for the bail petitioner during the hearing while advocate Asif Hasan presented the Anti-Corruption commission (ACC) and Deputy Attorney General AKM AMin Uddin Manik stood for state.
The senior member of the 2-member bench granted bail to Didarul Alam but another judge rejected it.
Following the spilt order, the matter will now be sent to the Chief Justice who will assign a new bench to dispose of it.
Read: Multiple remands of Pori Moni: 2 magistrates seek unconditional apology to HC
According to the case filed by ACC, Destiny Multipurpose Cooperative Society Limited and Destiny Tree Plantation laundered Tk 1,178.61 crore from 2009 to 2013.
ACC filed the case with Kalabagan Police Station accusing 22 people on July 31, 2012.
On October 20, 2012, Didarul was arrested and he has been behind bars since then.