Law-&-Order
DU teacher’s termination: HC questions legality of action
The High Court on Tuesday asked the Dhaka University authorities to explain in four weeks why its decision to terminate Professor Morshed Hasan Khan from his job should not be declared illegal.
The bench of Justice M Enayetur Rahim and Justice Sardar Md Rashed Jahangir issued the rule on Wednesday following a writ petition filed by Prof Morshed, a teacher at the marketing department.
Barrister Jyotirmoy Barua stood for the writ while Deputy Attorney General Arvind Kumar Roy represented the state.
Also read: DU teacher demoted over Ducsu polls irregularities
Earlier last year, the university sacked Prof. Morshed on charges of distorting the country's history and defaming Father of the Nation Bangabandhu Sheikh Mujibur Rahman.
The professor made some remarks on Bangabandhu in an article titled "Jyotirmoy Zia", published in a national daily on March 25, 2018 prompting strong objections and condemnation from the DU wing of Bangladesh Chhatra League.
Also read: DU teachers, students voice their hopes for centenary year 2021
After the ruling, Jyotirmoy told the media that the DU authorities sent a termination letter to his client on Oct 6. On Oct 11, Prof Morshed submitted an appeal to the DU vice-chancellor against his termination, but the VC did not act in seven months.
“So we have filed a writ petition with the HC challenging the authorities. Today, the court delivered a verdict challenging the legality of the termination,,” he added.
HC rejects writ challenging gazette on Papul’s MP post
The High Court on Tuesday rejected a writ petition filed by ex-Laxmipur-2 lawmaker Shahid Islam Papul's sister challenging the gazette notification that declared the MP’s seat vacant.
The bench of Justice Md Mojibur Rahman Mia and Justice Md Kamrul Hossain Mollah passed the order after hearing a writ filed by Papul's sister Nurunnahar Begum, said deputy attorney general Nouroz M Russel Chowdhury.
Read: Order on writ against declaring Papul's parliamentary seat vacant Tuesday
On January 28, a Kuwait court sentenced Papul to four years' jail in a case related to human trafficking, residency visa trading and money laundering. He was also fined around 1.9 million Kuwaiti dinars.
On 6 June last year, Papul was arrested in Kuwait.
On August 16 of the same year, Abul Fayez Bhuiyan, an independent candidate from the Laxmipur-2 constituency, filed a writ petition challenging the legality of Papul's parliament membership as he had been accused of providing fake documents and submitting fake education certificates.
Read: MP Papul’s parliamentary seat declared vacant
On February 22 this year, parliament declared the Lakshmipur-2 constituency vacant following the conviction of Papul on charges of human trafficking and money laundering by a court in Kuwait.
The Parliament Secretariat issued a gazette notification declaring that the Laxmipur-2 constituency (Parliamentary Seat-275) fell vacant on January 28, 2021, the date of the court's sentence.
According to the gazette, Papul is ineligible to remain an MP under Article 66 (2) of the Constitution as he was sentenced by the Kuwaiti criminal court to four-year rigorous imprisonment on January 28.
Read:MP Papul’s conviction: Govt receives verdict copy
His seat has remained vacant since the date of the court's sentence according to Article 67 (1) of the Constitution, said the gazette signed by Senior Secretary of the Parliament Secretariat Dr Zafar Ahmed Khan.
MP Papul, who won the Lakshmipur-2 seat in the 2018 election as an independent candidate, is now in Kuwait jail.
62 Bangladeshis detained in Malaysia
Malaysia's Immigration Department detained 156 immigrants, including 62 Bangladeshis, during an integrated operation at an illegal settlement in Cyberjaya city Sunday night.
The detainees also include Indonesian, Myanmarese, Nepali, Pakistani and Indian nationals.
Datuk Khairul Dzaimee Daud, director-general of the Immigration Department, said: "In the 11pm operation, a total of 202 immigrants from Indonesia, Bangladesh, Pakistan, Myanmar and India, including 12 women and two children were checked."
Read: Malaysian police detain Bangladeshi featured in Al Jazeera documentary
"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.
The raid on the settlement that has access to water supply and electricity through illegal connections was carried out in collaboration with several enforcement agencies including the police, the Malaysian Civil Defence Force and the National Registration Department, Datuk Khairul said.
"This illegal settlement has the potential of spreading Covid-19 infections as it fails to comply with the stipulated standard operating procedures under the Movement Control Order," he added.
However, Khairul Dzaimee denied allegations that the Immigration Department only took action against illegal immigrants, but not their employers.
"The claims are untrue because, in 2019, a total of 1,052 employers were charged in court with various offences under the Immigration Act, involving a total fine of RM19.3 million," he said.
"Last year, 519 employers were brought to court, involving a total fine of more than RM10 million. As of last month, 130 employers were slapped with fines amounting to RM3.2 million."
HC orders to release woman serving jail for another woman for money
The High Court on Monday ordered the release of Minu Akter who has been in prison for three years serving a life term on behalf of real convict Kulsum Akter for money.
The high court passed the order to Chattogram fourth additional metropolitan session court to free Minu Akter, subject to its satisfaction.
Read: Why no separate compartment for women in trains: HC asks govt
Minu impersonated as Kulsum who was sentenced to life in prison for killing a female garment worker in Chittagong in 2006.
The bench of Justice Jahangir Hossain Selim and Justice Mohi Uddin Shamim passed the order during a virtual hearing.
The court also ordered to take necessary steps to arrest Kulsum.
Besides, the court ordered special public prosecutor of Chattogram Women and Children Repression Prevention Tribunal-2 MA Naser and junior lawyer Nurul Anwar and Bibekananda Chowdhury and clerk Showrabh to submit written explanation about their role in the fraudulent act within two weeks.
The court has also ordered the four to appear before the court on June 28, the next date of hearing on this case.
Advocate Md Shishir Munir stood for Minu during the hearing while Attorney General AM Amin Uddin and Deputy Attorney General Dr Bashir Ullah presented the state side.
Advocate Iqbal Hossain presented the appeal submitted to the High Court against Kulsum’s life term.
How Minu ended up in Jail:
October 26 in 2007 Kulsum was arrested in a case filed over a garment worker’s murder in 2006.
Two years later she was freed after being granted bail by a Chattogram court.
On November 30, 2017 Chattogram fourth additional metropolitan session court found Kulsum guilty and sentenced her to life term and ordered to pay a fine of TK 50,000 after completing the trial. Failure to pay the fine the convict was to spend an additional one year in jail.
On June 12 in 2018 Minu, pretending to be Kulsum, surrendered to police and began spending time behind bars. According to case proceedings she did it for money.
In 2019 advocate Iqbal Hossain filed a petition on the sentence passed by lower court on behalf of Minu pretending to be Kulsum.
Following which the case document was sent to the High Court on June 12 the same year.
On March 18 this year, senior jail super of Chattogram central jail Md. Safiqul Islam Khan noticedthe issue of fraudulence and brought the matter to Chattogram court’s notice.
Following the court’s order Minu was brought before court on March 22.
In the court Minu said, “three years back a woman named Morzina promising to give some rice sent me to jail and said after Ramadan she will bring me out.”
“Now I want to be out of the jail,’ she said.
Later sub-document of the case was sent to the high court and advocate Shishir Munir presented it before court.
The accused of the case Kulsum was a housewife living in Rahmatganj under Kotwali police station with his husband.
Minu used to live in a slum in the city with her three children before ending up in jail as Kulsum.
Freezing bank accounts of ex-AL MP Awal, wife: HC questions legality of order
The High Court on questioned a lower court's order, that asked the Anti-Corruption Commission (ACC) to sieze properties and freeze bank accounts of former lawmaker and Pirojpur Awami League President AKM Awal and his wife Laila Parveen in two graft cases.
The bench of Justice M Enayetur Rahim and Justice Sardar Md Rashed Jahangir issued the rules after hearing separate petitions filed by the couple.
The court issued rules asking the ACC to show cause in four weeks why the lower court's order should not be declared illegal.
Also read: Former MP Awal placed on 2-day remand in extortion case
On January 17, Judge KM Emrul Kayesh of the Senior Special Judge's Court of Dhaka asked the ACC to freeze bank accounts and seize properties of Awal, who was elected from Awami League from the Pirojpur-1 constituency in the 2008 and 2014 national polls, and Laila in the two corruption cases.
On May 25, the court rejected two separate appeals filed by them, ACC lawyer Khurshid Alam said.
Also read: Former MP Awal taken to jail
On September 29 last year, the ACC filed two separate cases with its Integrated District Office-1 of Dhaka where Awal was sued for amassing illegal wealth over Tk33.27 crore, and Laila Tk10.98 crore.
Also, on December 30, 2019, the ACC filed three cases against Awal and one against Laila for grabbing a piece of government land in Pirojpur Sadar upazila and setting up a two-story building on it.
Aslam Chowdhury's bail order stayed
The Appellate Division on Sunday stayed the High Court bail orders for BNP leader Aslam Chowdhury, in two sabotage cases filed in 2013, until June 20.
The virtual bench of the Appellate Division, headed by Chief Justice Syed Mahmud Hossain, passed the orders following petitions filed by the state, seeking stay on the High Court orders.
The court also asked the state to file a leave to appeal petition against the High Court orders by June 20.
On May 30, the High Court granted bail to BNP leader Aslam Chowdhury, a joint secretary general of BNP, in two sabotage cases filed against him with the capital's Kotwali and Shahbag police stations, following two bail petitions filed by him.
The bench of Justice Jahangir Hossain Selim and Justice Mohi Uddin Shamim passed the orders, granting him ad-interim bail for six months, Deputy Attorney General Dr Md Bashir Ullah said.
Aslam's lawyer Hasibur Rahman said the High Court orders cleared the way for his client to walk out of jail.
On May 15, 2016, Aslam was arrested from Dhaka's Khilkhet for allegedly hatching a conspiracy with Israeli intelligence agency Mossad to overthrow the government.
On May 26 that year, he was sued for the alleged sedition and then shown arrested in two sedition cases.
Next, Aslam was accused in other cases including sabotage and cheque fraud. However, he secured bail in all the cases, Hasibur said.
Mamunul sent to jail after remand
A Narayanganj court on Saturday sent Mamunul Haque, former joint secretary general of Hefajat-e-Islam, to Kashimpur Central Jail on completion of his 18-day remand in six separate cases.
Senior Judicial Magistrate Kauser Alam passed the order after the Police Bureau of Investigation (PBI) produced Mamunul before the court.
Also read: ACC investigating Hefazat leaders Babunagri, Mamunul for graft, fund embezzlement
On April 18, a joint team of Tejgaon Division police and DMP's Detective Branch arrested Mamunul from Jamia Rahmania Arabia Madrasah in Mohammadpur.
He was remanded for 18 days till June 5, in six different cases over rape, vandalism and Hefazat mayhem. Among them, three were filed by the district police, two by the CID, and one by the PBI.
Also read: Didn’t do anything wrong: Mamunul tells court
Mamunul, who has been in the limelight due to some recent controversies, was held with a woman he claims to be his second wife from a resort in Sonargaon on April 3.
Later, Hefazat leaders claimed that Mamunul went to the resort with his “second wife” where locals confined and harassed him before calling in the police.
Sinha murder case: Police source Ayaz denied bail
The High Court has denied bail to Mohammad Ayaz, a police source accused in a case filed over the murder of Major (retd) Sinha Md Rashed Khan in Teknaf last year.
The bench of Justice Krishna Debnath and Justice KM Zahid Sarwar removed the petition from its cause list for Thursday.
Attorney General AM Amin Uddin and Deputy Attorney General Sarwar Hossain Bappi stood for the state while Advocate Amirul Islam represented the accused.
Also read: Sinha murder: Charges pressed against 15 including Pradeep
"There are allegations of criminal conspiracy against Ayaz, which he did not mention in his bail application. So the High Court dropped his bail application from its cause list," Sarwar Hossain said.
On December 13, 2020, Rapid Action Battalion (RAB) submitted a charge sheet against 15 people including police source Ayaz and three APBn members in connection with the case filed over Sinha's murder at a checkpost manned by APBn, where officers of the Teknaf police station intercepted Sinha's car.
Khairul Islam, assistant superintendent of police of RAB-15 and also the investigation officer of the case, submitted the charge sheet before Cox's Bazar Senior Judicial Magistrate Tamanna Farah.
Also read: Sinha murder: Another policeman lands in jail
On July 31 last year, Sinha was shot dead at the Shamlapur police check-post in Baharchhara Union of Cox's Bazar while returning into town from filming a documentary.
On August 5, Sinha's sister Sharmin Shahriar Ferdous filed a case with Teknaf Senior Judicial Magistrate Court accusing at least nine members of law enforcement of being involved in the killing, including Teknaf police station Officer-in-Charge Pradeep Kumar Das and Baharchhara police outpost Inspector Liakat Ali.
Former MP Awal placed on 2-day remand in extortion case
MA Awal, ex-MP of Lakshmipur-1 constituency, was placed on a two-day remand on Wednesday in an extortion case.
Additional Metropolitan Magistrate Md Hasibul Haque passed the order when investigating officer of the case Anoy Chandra Pal sought a five day remand after producing Awal before the court.
Major (retd) Mostofa Kamal filed the extortion case against Awal last month.
Also read: Former MP Awal taken to jail
The former MP was arrested by Rapid Action Battalion on May 20 in another case over killing trader Shahinuddin in Dhaka's Pallabi area.
RAB claimed the former MP to be the mastermind behind the murder.
On May 16, Shahinuddin was called up on his mobile phone and asked to go to Mirpur Section-12 on the pretext of resolving a land dispute.
Also read: Former MP Awal, wife get anticipatory bail in graft cases
When the victim reached the area around 4pm that day, assailants attacked him before hacking him to death with sharp weapons in front of his seven-year-old son.
A murder case was filed with Pallabi Police Station on May 17 against several people, including former MP MA Awal.
MC College gang-rape:HC orders suspension of principal, hostel superintendent
The High Court on Wednesday ordered the authorities concerned to suspend the principal and hostel superintendent of MC College in Sylhet within 7 days for their negligence of duty over the gang-rape of a woman on the campus in September last year.
The court also ordered the authorities concerned to take departmental action against Principal Prof Mohammad Saleh Ahmed and hostel superintendent Jiban Krishna Acharaya.
The HC bench of Justice Md Mozibur Rahman Miah and Justice Md Kamrul Hossain Mollah passed the order.
Read:Trial in MC College gang rape, extortion cases to run simultaneously: HC
The court on Tuesday fixed today for passing an order after hearing on a rule issued over the rape incident.
Advocate Mohammad Mishbahuddin stood for the writ petitioner while deputy attorney general Nowraz Mohammad Russel represented the state.
The High Court on September 29 last year formed an investigation committee to look into the MC College gang rape incident.
A suo moto rule was issued in this regard by the bench of Justice Md Mozibur Rahman Miah and Justice Mohi Uddin Shamim.
It also asked the committee to record the statement of the victim, plaintiff, Principal of MC College, witnesses and others related to the case.
Read:MC College gang-rape: 8 BCL men indicted
The court also issued a rule asking the government to explain why punitive action should not be taken against the Principal of MC College and hall superintendent for their negligence to save the victim and allowing outsiders to stay at the dormitory.
The college principal and others concerned were made respondents to the rule.