Law-&-Order
Why graft allegations against 17 CBA leaders won’t be probed, HC asks ACC
The High Court on Wednesday issued a rule asking the concerned authorities why a full probe into allegations of corruption against the former 17 CBA leaders of Biman Bangladesh Airlines should not be ordered.
The concerned bodies, including the Anti-Corruption Commission (ACC), have been asked to respond to the rule within four weeks.
The bench of Justice Nazrul Islam Talukder and Justice SM Mojibur Rahman issued the rule in response to a supplementary petition filed by rights group Human Rights and Peace for Bangladesh (HRPB).
Advocate Manzil Morshed, who was present in the court on behalf of HRPB said that in January 2014, the ACC issued a notice against the then 17 CBA leaders of Biman for investigating corruption.
The 17 CBA leaders include Md Mosikur Rahman, Azhaul Imam Majumder, Anwar Hossain, Md Yunus Khan, Md Montasar Rahman, Md Rubel Chowdhury, Md Rafiqul Alam, Md Atiqur Rahman, Md Harun Or Rashid, Abdul Bari, Md Firozul Islam, Md Abdus Sobhan, Golam Kaiser Ahmed, Md Abdul Zabbar and Md Abdul Aziz.
These leaders refused to appear before the ACC during the time.
A writ petition was filed in the High Court on behalf of Human Rights and Peace for Bangladesh attaching media reports that no further action has been taken by the ACC over the matter.
The High Court ruled on February 3 in 2014 on the preliminary hearing of the writ petition.
The rule asked why the inaction of the ACC in taking action would not be declared illegal.
At the same time, they were instructed to investigate allegations of corruption.
Later, the ACC submitted an investigation report to the High Court stating that there was no evidence of corruption in the investigation against them.
However, the report was submitted only along with the assets and tax files provided by the CBA leaders.
In order to investigate allegations of corruption against someone, information from banks, insurance and sub-registry offices is taken to ascertain whether a person has land and assets. But that was not the case with these CBA leaders.
Therefore, a supplementary application was filed by HRPB seeking directions for a full investigation into the 17 CBA leaders.
Detectives arrest fugitive drug dealer in Natore
A fugitive drug dealer wanted in several drugs-related cases has been arrested in Natore district, police said on Wednesday.
Mohammad Arif, who went into hiding last month, was nabbed by the Detective Branch of Dhaka Metropolitan Police on Tuesday night from Atua area of Boroigram police station in the district,
Arif faces several drug-related cases filed with different police stations in capital Dhaka, said Additional Deputy Commissioner of the DMP (media) Iftakhairul Islam.
Earlier on August 23 police detectives arrested a female drug dealer known as Parvin along with 220 grams heroin (brown sugar) from Rayer Bazar area of Mohammadpur in the city, Iftakahirul said.
Read: DB arrests suspected drug dealer in city
He said police investigation found that Arif was owner of the recovered heroin.
A case was filed with Mohammadpur Police station in connection with recovery of heroin in which Arif was also shown as an accused. Since then Arif was in hiding.
Police claimed that Arif has long been a wholesale heroin dealer bringing in the drug from the bordering areas of Rajshahi for sale in Dhaka city and elsewhere in the country.
Pori Moni appears in court
Film actress Pori Moni on Wednesday appeared before the Dhaka Chief Metropolitan Magistrate in a drugs case filed against her at the Banani police station.
Court sources told UNB that the case is slated to come up for hearing later in the day.
Read: Pori Moni's remand: HC 'not satisfied' with explanation of lower court judges
Pori Moni’s lawyer Nilanjana Rifat said the investigation report in the case will also be submitted to the court on Wednesday.
Pori Moni was arrested on August 4, following a raid by RAB on her Banani residence.
Read: Pori Moni resumes work on her incomplete, upcoming characters
A case was filed against her under the Narcotics Control Act the following day.
On August 31, a Dhaka court granted bail to Pori Moni in the drugs case. She was released from jail on September 1, some 27 days after her arrest.
Pori Moni's remand: HC 'not satisfied' with explanation of lower court judges
The High Court on Wednesday expressed dissatisfaction over the explanation of two lower court judges, who had placed actress Pori Moni in police remand for multiple times in a drugs case.
A division bench of Justices Mustafa Zaman Islam and KM Zahid Sarwar fixed September 29 as the next date of hearing.
In its observation, the HC said, “The two lower court judges have submitted their explanation, which has undermined the High Court. The government has shown zero tolerance against drugs.
"Pori Moni was arrested with foreign liquor and psychedelic drug LSD. Earlier, a student of Dhaka University committed suicide after taking LSD. In their explanation, the two judges said if they committed any mistake they did it simply.”
“(But) the judges have violated the Supreme Court guidelines and we are not satisfied with their explanation and through their explanation, they have undermined the HC," the two-judge bench observed.
The judges also asked the investigating officer in the case to appear before them on September 29.
On September 2, the High Court asked the two lower court judges to explain why they had accepted the police prayer to remand actress Pori Moni for multiple times in the narcotics case.
The judges of Dhaka Metropolitan Court were ordered to submit their explanation to the HC in 10 days.
The court had also summoned the investigating officer to appear before the bench on September 15 along with relevant documents to explain why he repeatedly sought remand for the actress.
The virtual HC passed the order after hearing a petition filed by Ain o Salish Kendra (ASK) over the matter.
The bench said it would also summon the metropolitan magistrates who had granted the prayers for taking Pori Moni in remand for second and third times, if their written explanation was not satisfactory.
Besides, the HC said there was potential for abuse of power in the remand of the actress.
ASK's lawyer ZI Khan Panna told the HC during the hearing that its guidelines and directives were all thrown out of the window in the manner by which the actress was placed on remand in three phases.
Pori Moni was arrested on August 4 following a raid by RAB in her Banani residence. A case was filed against her under the Narcotics Act the following day.
Following the High Court's intervention, a Dhaka court finally granted bail to the actress on September 1 and she walked out of jail the following day.
On August 22, Pori Moni was sent to jail after inspector of the Criminal Investigation Department (CID) Kazi Golam Mostafa produced her in a court on the completion of a one-day remand, her third.
Judge Emrul Kayesh set September 13 for hearing her bail petition in the case. However, the actress subsequently moved the High Court, challenging the validity of the lower court's decision.
The High Court on August 26 issued a rule, seeking explanation as to why a lower court order fixing September 13 for hearing the bail petition of Pori Moni in a case under the Narcotics Control Act should not be cancelled. It had also asked why the bail application would not be heard within two days.
Define Nijhum Dwip forest in six months, HC orders govt
The High Court has asked the government to clearly define within six months the border of the reserved forest of Nijhum Dwip in Noakhali district.
A division bench of Justice Mojibur Rahman Mia and Md Kamrul Hossain Molla Tuesday directed the director general of the land records and surveys department, and the secretary and the chief conservator of the forest department to implement the order.
The High Court's order came in the wake of a writ petition filed by a local human rights activist, seeking its immediate intervention in demarcating the border of the reserved forest and suspending the upcoming Nijhum Dwip Union Parishad polls.
During the hearing, the court asked the defendants -- government departments -- why there should not be a proper demarcation of the border of Nijhum Dwip’s reserved forest.
As many as 14 government officials, including secretaries of the local government and rural development ministry, home ministry, environment ministry, land ministry and public administration ministry, and the chief election commissioner have been given four weeks to respond.
Barrister Humayun Kabir Pallab represented the petitioner in the court while Deputy Attorney General Nowroj Md Rasel Chowdhury stood for the state.
Barrister Pallab said that the reserved forest area is not yet determined, as a result of which squatters have been illegally grabbing the land of Nijhum Dwip and constructing illegal structures, posing threat to the environment.
"The petitioner appealed to the court to suspend the Nijhum Dwip UP election slated for September 20. But the bench didn’t pass any order in this regard," he said.
According to the petition, the forest department started forestry in the island in 1947, which was later declared a national forest by the government.
In 2001, the government declared the entire area of Nijhum Dwip as reserved forest under Section 20 of the Forest Act, 1927.
In 2008, LGRD Ministry formed Nijhum Dwip Union Parishad 11.
In 2012, the Environment, Forests and Climate Change Ministry announced Nijhum Dwip as a more specified reserved forest area through two gazzette notifications.
Local human rights worker Rafiq Uddin Enayet had sent a notice to the department concerned to determine the border. Having failed to get any response, he moved the court on Sunday.
HC upholds death penalty in mother-daughter murder in Ctg
The High Court on Tuesday upheld the death sentence awarded to a man by a trial court for hacking to death a teenaged girl and her mother in their house in Chattogram in 2014.
The bench of Justice SM Emdadul Haque and Vishmadeb Chakrobarty passed the order during a hearing on the death reference and appeal of the accused.
Deputy Attorney General Harun Ur Rashid, Asistant Attorney General Zahid Ahmed Hero stood for state side during the hearing while advocate Sahidul Islam defended the convict.
Defense lawyer Shahidul Islam said convict Md Shahid’s death penalty was kept in force and no order was given regarding other accused of the case Abu Rayhan as he is dead already.
On March 24, 2014, Rezia Khatun,49, and Saima Akter,17, wife and daughter of C&F agent Rezaul Karim were murdered with a sharp weapon at their own residence at CDA residential area in Agrabad.
Police recovered blood stained knife, sharp weapons, shirt, pant, two bottles of petrol and seven mobile SIM cards from the crime scene.
Following a case filed by Rezaul Karim detective police arrested Shahid from Khulshi and his associate Rayhan from Fakirapul area in Dhaka the next day.
The trial of the case started with framing charges against the two accused and it was later transferred to Chattogram Speedy Trial Tribunal.
On October 1, 2015, the court sentenced the two accused to death. After the court’s order the two pleaded for jail term instead of death penalty. Their death references were sent to the High Court.
Convict Abu Rayhan died after the appeal was submitted.
Man gets 60 years imprisonment for violating 2 girls in Joypurhat
A Joypurhat tribunal on Tuesday sentenced a man to 60 years imprisonment for violating two girls.
The convict is Abu Salam, 54, son of Bachchu Molla of Panchbibi upazila.
Joypurhat Women and Children Repression Prevention Tribunal Judge Rustam Ali handed down the verdict.
Also read: Six get life term over killing Rajshahi man
The tribunal also fined Salam Tk 3 lakh, in default to suffer three years more rigorous imprisonment. He was tried in absentia.
According to the prosecution, Salam took the two victims aged between 10-11 years to his house saying that he will allow them to watch television and gave them Tk 10 each on July 14, 2017.
Later, they violated the girls in turns after showing a knife to them.
Also read: Life term means 30 yrs imprisonment: Appellate Division
Later, the girls were rescued by local people and they were taken to Joypurhat District Hospital.
Police arrested Salam following the statement of local people. However, Salam secured bail from the court and went into hiding.
Shut down unregistered online news portals within a week:HC
The High Court on Tuesday ordered the closure of all unregistered online news portals and asked the Bangladesh Telecommunication Regulatory Commission (BTRC) and Bangladesh Press Council to take action in this regard within a week.
A HC bench of Justice Md Mozibur Rahman Miah and Justice Md Kamrul Hossain Mollah passed the order after hearing a supplementary petition that originated from the recent death of a 21-year-old woman by suicide followed by a wave of unacceptable news coverage in the media, especially in online news portals.
Advocate Rashida Chowdhury Nilu and Zarin Rahman stood for the petitioner while deputy attorney general Nauroz Mohammad RusselChowdhury represented the state.
Also read: Private school, college, madrasa teachers can’t be suspended for above 6 months: HC
After today’s order Advocate Rashida told reporters a legal notice was served to the authorities concerned on May 5 seeking steps to enact a code of ethics for the news media.
The notice was served to the secretary to the information and broadcasting ministry, BTRC chairman and Bangladesh Press Council chairman but no response was received as yet. Later Advocate Zarin Rahman and Rashida Chowdhury Nilu filed writ petition.
According to the writ a case has recently been filed under section 306 over instigation to suicide following the recovery of the body of a 21-year old woman. The way the country’s media, especially the online news portals covered the incident has been unacceptable. But the BTRC and Bangladesh Press Council did not take any step in this regard, said the petition.
Besides, the BTRC is unable to take any step about unauthorized news portals. So registration is needed for those news portals, the petitioner sought.
Also read: Medical equipment lying packed at 16 hospitals; HC orders probe
On August 16, the High Court issued a rule asking the authorities concerned to explain as to why directives should not be given to shut down the unauthorized news portals.
The HC also sought to know why the directives should not be given to take steps in forming a ‘Broadcasting Commission’ as per the National Broadcasting Policy-2014.
CJ Sinha case: Judgment on Oct 5
A Dhaka court on Tuesday fixed October 5 for delivering its judgment in a graft case filed against former chief justice Surendra Kumar Sinha and 10 others over laundering Tk 4 crore.
Dhaka Special Judge Court-4 Sheikh Nazmul Alam fixed the date after concluding law point arguments from both the state and the defence counsel.
Read:Court wraps up witness statements in graft case against ex-chief justice SK Sinha
Earlier, on August 29, seven of the 11 accused in the case defended themselves as innocent, and hoped they will get justice.
They are Mahbubul Haque Chisty, former audit committee chairman of Farmers Bank, former managing director of the bank AKM Shamim, first vice president Swapan Kumar Rat, VP Md Lutful Haque, former SEVP Gazi Salahudiin, Md Shahjahan and Niranjan Chandra Saha.
On August 24, the defence lawyers questioned the investigation officer of the case Benazir Ahmed, director of the Anti-Corruption Commission (ACC).
So far, the court has recorded the statements of 21 witnesses in this case.
On July 10, 2019, the ACC filed the case accusing former chief justice SK Sinha and 10 others of accumulating illegal wealth and laundering Tk 4 crore.
Read:Money laundering case: EX- CJ Sinha among 11 indicted
On September 25, 2019, the anti-graft body summoned five officials of the Farmers Bank Ltd for interrogation over the deposit of Tk 4 crore in SK Sinha’s account with the Supreme Court branch of Sonali Bank Ltd.
On December 10, 2019, the investigation officer of the case filed a chargesheet against the 11 accused.
On August 13, 2020, a court framed charges against the 11 including SK Sinha.
Man gets death penalty for killing 4 of a family
A court here on Tuesday sentenced a man to death in a case filed over killing his elder brother and three members of his family last year.
The convict is Raihanur Rahman, 36, son of Shahjahan of Khalisha village in Kalaroa upazila of the district.
Read:Bangladesh introduces death penalty for rape
Satkhira Senior District and Sessions Judge Sheikh Mafizur Rahman handed down the verdict.
According to the prosecution, Raihanur was unemployed and used to depend on his elder brother Shahinur. Raihanur and Shahinur’s wife Sabina Khatun had been at loggerheads over the issue.
On October 14, 2020, Raihanur stabbed Shahinur Rahman, 40, Sabina Khatun, 30, their two children—Siam Hossain Mahi, 10 and Tasnim Sultana, 8, to death after tying up their hands and legs.
Read:Man gets death penalty for carrying heroin in Gaibandha
Moyna Khatun, mother-in-law of Shahinur, filed a case in this connection.
Later, a team of Criminal Investigation Department arrested Raihanur and three others in this connection.
Raihanur gave his confessional statements under section 164.