Law-&-Order
Rule issued on use of derogatory words towards wife in divorce notice
The High Court on Sunday issued a rule questioning why using derogatory language towards a wife in a divorce notice shouldn’t be declared illegal.
The bench of Justice M Enayetur Rahim and Justice Mostafizur Rahman issued the rule during a hearing of a writ petition filed by a woman.
The court also asked why a specific form of divorce notice hasn't been formulated.
Three respondents, including the Ministry of Law and Directorate of Registration have been ordered to submit an answer within the next four weeks in this regard.
Abdullah Al Noman, lawyer presenting the petitioner’s side, said there is no official form for sending divorce notice. Objectionable language against women was being used in the one produced by the judges, hence the writ petition was filed, he said.
Deputy Attorney General Bipul Bagmar represented the state.
The writ petition was filed by Rakhi K Zaman, currently working at the Windsor University of Canada.
The petition said, a divorce notice sent to Rakhi by her husband Rakib Muktadir in 2017 says “The wife is disobedient to her husband, which goes against the Islamic Shariah law. I (Rakib) have many times tried to change her unmannerly attributes many times but she (Rakhi) didn’t change.”
Saying the use of this kind of language against women is insulting, irrational and unlawful, Rakhi filed the petition at court on June 2.
“This also causes many complications for women when they opt for getting married again,” said advocate Abdullah Al Noman.
The writ says, according to Muslim Family Laws Ordinance 1961 and Muslim Marriage and Divorce (Registration) Act, 1974 using this kind of language harms women’s honor and right as a human.
Also it violates sections 27,2 8, and 32 of the constitution, Rakhi says in her petition.
Sinha murder case: Pradeep, 14 others indicted
A Cox’s Bazar court on Sunday framed charges against 15 accused, including suspended Teknaf police station officer-in-charge Pradeep Kumar Das, in the major (retd) Sinha MD Rashed Khan murder case.
District and Sessions Judge Md Ismail Hossain passed the order.
Read: Sinha murder case: Accused constable surrenders after absconding for 10 months
The court also fixed July 26, 27 and 28 for recording testimonies of witnesses, said Public Prosecutor of Cox’s Bazar District and Sessions Judge Court Faridul Alam.
It also rejected bail petitions of six accused, including ex-OC Pradeep and constable Sagar Dev.
The hearing continued for three hours starting at 11 am.
Earlier, the 15 accused were produced before the court amid tight security at 10 am. They were later sent back to jail.
Read: Sinha murder case: Police source Ayaz denied bail
HC rejects bail plea of suspended ACC director Enamul
The High Court on Thursday turned down the bail petition of suspended ACC director Khandaker Enamul Basir in a case filed over the Tk 40 lakh bribery scandal.
The virtual HC bench of Justice Md Nazrul Islam Talukder and Justice SM Mozibur Rahman passed the order.
Read: HC declares all sorts of gambling illegal
Advocate Ruhul Kuddus Kajol stood for the petitioner while deputy attorney general AKM Amin Uddin and advocate Khurshid Alam represented the state and ACC respectively.
On April 29, Judge Sheikh Nazmul Alam of Dhaka Special Judge Court-4 rejected the bail petition of Enamul.
On June 16, the suspended Anti-Corruption Commission(ACC) director filed a petition seeking bail in the case.
Read: HC to resume regular operation from Wednesday
On July 22, 2019, ACC arrested Enamul from his Darus Salam residence in the city for taking bribe from police’s Deputy Inspector General Mizanur Rahman.
On July 16, 2019, ACC director Sheikh Mohammad Fanafillah filed the case over the bribery scandal.
A private TV channel reported that Mizan gave Tk 40 lakh to Basir to get clean chit in a corruption case.
Enamul was suspended on June 10 for allegedly leaking information, a breach of his job discipline.
Besides, Mizan was shown arrested in the case on July 21.
DIG Mizan was an additional commissioner of Dhaka Metropolitan Police (DMP). He was withdrawn on January 9, 2019 following the allegation of threatening a female news presenter of a private television channel.
Nasir, Omi put on 5-day remand over ‘rape attempt’ on Pori Moni
A Dhaka court on Wednesday placed former Uttara Club president Nasir U Mahmud and his associate Tuhin Siddiqui Omi on a five-day remand each in an attempted rape and murder case filed by actress Pori Moni.
Senior Judicial Magistrate Rajib Hasan passed the order after investigation officer of the case Md Kamal Hossain produced them before the court with a plea of 10-day remand.
Also read: Nasir, Omi placed on 7-day remand in narcotics case
Dhallywood star Pori Moni on 14 June filed a sexual assault complaint against six people, including Nasiruddin Mahmud with Savar Model Police Station.
Later in the day, Nasir U Mahmud and four others were arrested from Uttara by a detective team.
Also read: Pori Moni case: Police press drug-related charges against Nasir, four others
Earlier, Pori Moni in her verified Facebook page, uploaded a status seeking justice from Prime Minister Sheikh Hasina, claiming that the six people attempted to rape and kill her.
Hefazat violence in Brahmanbaria: DSA Case filed
RAM Ubaidul Moktadir, MP of Brahmanbaria-3 constituency, has filed a case against 19 named accused including Hefazat-e-Islam’s dissolved central committee joint secretary general Sajedur Rahman for allegedly tarnishing his personal image by holding a press conference after the violence in Brahmanbaria.
The case was filed Tuesday, under the Digital Security Act (DSA) with the court of Chattogram Cyber Tribunal Judge SKM Tofail Hasan.
Besides 19 named accused, hundred more unidentified persons were accused in this case.
Also read: People involved with Hefazat violence to be punished: Home Minister
MP Ubaidul said, "Leaders and activists of Hefazat-e-Islam carried out massive violence in Brahmanbaria for three days from March 26 to 28. On March 31, they held a press briefing putting all the blame on me to save themselves.”
Since journalists were not present at the press briefing they promoted the briefing videos over Facebook-YouTube.
Also read: Hefazat violence in Brahmanbaria: 60 held, two more cases filed
At this, his image was tarnished through the propaganda so MP Ubaidul appeared in person to file the case at Chattogram Cyber Tribunal, he said
The court has been requested to direct PBI to investigate the case, plaintiff's lawyer HM Ziauddin said.
Kafil Uddin murder: SC commutes death sentence of 3 convicts
The Appellate Division of the Supreme Court on Tuesday commuted the death sentence of three convicts to life term imprisonment over the killing of Awami League leader Kafil Uddin murder in Narayanganj.
The virtual bench of the Appellate Division led by Chief Justice Syed Mahmud Hossain passed the order.
The three convicts are—Iqbal, Zakir Hossain and Joynal.
The court also set aside life term for another convict identified as Zaman.
Advocate Abdur Rezzak Khan, Mansurul Haque Chowdhury, Nazrul Islam Chowdhury, Abdul Wadud Bhuiya and Sarwar Ahmed stood for the petitioner while deputy attorney general Biswajit Debnath represented the state.
According to the prosecution, Kafil Uddin, a local Awami League leader was shot to death by some miscreants in front of Siddhirganj Sanarpar Market in Sadar upazila of Narayanganj district on December 16, 2003.
Ambia Khatun, wife of the AL leader lodged a complaint with Siddhirganj Police Station.
Police charged 16 people in the case.
On July 15, 2009, a court sentenced three people to death and 13 others to life term imprisonment.
The High Court also upheld the death penalty of the three death-row convicts.
ACC seeks wealth information of Mosharraf's private secretary
Anti- Corruption Commission ( ACC) on Tuesday sought the wealth information of Nur Khan, private secretary of former Housing and Public Works Minister and Awami League leader Engineer Md Mosharraf Hossain
Public relations officer of the commission Muhammad Arif Sadeq confirmed to UNB that the anti-graft body sent a notice on Tuesday.
A letter signed by the director ACC Mohammad Akter Hossain Azad was sent to his address.
According to the ACC notice, the commission has found evidence that the accused was amassing illegal wealth.
ACC has sought his and his family’s movable and immovable wealth information within 21 days. If he fails to submit or provide statement of the wealth information, then ACC will take the necessary action under ACC Act, Section 26 (2), according to the notice.
HC questions exclusion of SSC-2016 passed students from admission test
The High Court on Monday issued a rule questioning the legality of excluding students who passed SSC in 2016 from the cluster admission test of 20 general and science and technology universities.
A bench of Justice M Enayetur Rahim and Justice Md Mostafizur Rahman passed the order after a preliminary hearing on a writ petition filed by 12 SSC students who passed in 2016.
Barrister Anik R Haque and Advocate Saiful Islam Sohel presented the petitioner’s side while Deputy Attorney General Bipul Bagmar stood for state.
Also read: Cluster admission tests: Application process begins April 1
For academic year 2020-2021 admission, 20 universities recently issued two notices on their admission test in cluster method.
The notice, issued on March 3, said students who passed SSC and equivalent exams from 2016 to 2018 and HSC and equivalent exams passed students of 2019 and 2020 are allowed to participate in the cluster admission test.
Later on March 31, another notice was issued where 2017 was mentioned excluding the students who passed in 2016.
Also read: Cluster admission test: DU students against any change
Following this, a student named Abir Hasan and 11 others who passed SSC exam in 2016 filed a writ petition at the High Court challenging the legality of the exclusion.
102 Bangladeshis held in Malaysia
The Malaysian Immigration Department arrested 309 illegal immigrants, including 102 Bangladeshis, during an integrated operation at a settlement near a construction site in Dengkil early Monday.
The detainees also included 193 Indonesians, eight Myanmar nationals, four Vietnamese, and two Indians.
Datuk Khairul Dzaimee Daud, director-general of the Immigration Department, said his department had received information from members of the public who claimed that there were individuals at the settlement who were believed to have violated the standard operating procedures (SOPs) of the Movement Control Order (MCO).
He said, as a result, the department had raided the area and found that they did not comply with the MCO SOPs.
"I arrived with the operations team and found that their settlement was so dense, dirty and did not have a proper drainage system, apart from having a place to gather and eat in large numbers," Khairul said. "They also admitted that they lived in a group in one room, which is about four to seven people."
Read: Malaysia detains 500 'illegal' migrants including Bangladeshis
This showed that they were free to do anything at the construction site without any compliance with the MCO SOPs, Khairul also said. "This was the main purpose of the Home Ministry which directed the Immigration Department to help reduce positive cases of the Covid-19 outbreak at the workplace comprising immigrants."
"All these illegal immigrants will undergo the Covid-19 screening test today. After the test, they will be placed at the Semenyih Immigration Depot to be detained and investigated following Section 6 (1) (c) of the Immigration Act 1959/63 and Section 15 (1) (c) of the same law, before deportation," Khairul said.
During the operation, the Immigration Department also inspected 10 Rohingya refugees who are the UN's refugee agency (UNHCR) cardholders.
"Out of 10 the UNHCR cardholders, only two of them were arrested for possessing fake UNHCR cards while the others were released," Khairul said.
On June 6, the Immigration Department detained 156 immigrants, including 62 Bangladeshis, during an integrated operation at an illegal settlement in Cyberjaya city.
The detainees also included Indonesian, Myanmarese, Nepali, Pakistani and Indian nationals.
Khairul said: "Two hundred and two immigrants from Indonesia, Bangladesh, Pakistan, Myanmar and India, including 12 women and two children were checked."
"However, 156 of them were detained for not having valid travel and identification documents before being taken to the Immigration Department's screening centre in Putrajaya for further action," he added.
Read: 62 Bangladeshis detained in Malaysia
Rape case against 4 children: suspension order of 7 police stayed
Chamber judge of the Appellate Division on Sunday stayed the High Court’s order of suspending 7 police members for four weeks over a rape case filed against four children in Bakerjganj police station in Barishal.
Chamber judge Obaydul Hasan’s bench passed the order and scheduled the next hearing on the matter with a full bench of Appellate Division on August 1.
Read: 4th grader killed ‘after rape’ in Rajshahi
Advocate Momtaj Uddin Fakir represented the state. The other side was presented by Barrister Md. Abdul Halim with assistance of Advocate Jamiul Haque and Barrister Sharmin Akter Shiuli.
On June 13, The High Court during a hearing on the matter canceled the rape case against those four children and issued a seven point direction, which included an order to temporarily suspend seven police members and social service officers involved, as well as departmental measures against them.
The court also ordered to withdraw Barishal’s senior judicial magistrate Md Enayet Ullah’s criminal judicial power, and instead to bestow him with the responsibility of civil court for sending the children to Jessore Child Development Center.
Read:Woman kidnapped from Dhaka kitchen market, raped by 3
The direction of the HC declared the arrest of the children and keeping them in police custody illegal and ordered a guideline be circulated for the police following the Children Act 2013.
Later a petition for staying the order was submitted with the chamber judge’s court of the Appellate Division.
On October 6 , 2020 police arrested four children after a case was filed against them for raping a 6-year old the same day.
On October 7, magistrate Enayet Ulaah’s court ordered police to send the children to Jessore child development center.
Read:31-yr-old raped by three in Sylhet
On October 8, High Court bench of justice Md Mojibur Rahman Mia and Mohi Uddin Shamim ordered the Barishal court to grant bail to the four children and send them to their respective homes during a virtual hearing, following which the Barishal court granted bail to the four accused children.
On October 11, the same HC bench passed stay order on the rape case and issued a rule on this matter.