HC
HC directs rapid action against elephant-killing
The High Court on Monday directed the government authorities to take prompt action against elephant killings in the country.
The court also issued a rule and directed the Information and Broadcasting Ministry to spread awareness on preventing elephant killings.
HC bench of justice Md Mostafizur Rahman and M Enayetur Rahim passed the order during a hearing on a writ petition seeking directions to stop elephant killing across the country.
The court issued a rule questioning why direction will not be given to publish a gazette announcing 12 elephant corridors as conserved following the Wildlife (Conservation and Security) Act, 2012.
Also read: Another elephant calf found dead in Cox’s Bazar
The court also questioned why inaction against preventing elephant killing by the respondents mentioned in the petition will not be announced illegal.
On November 21, three wildlife activist including Adnan Azad, Farzana Yasmin filed a writ petition seeking direction on steps for ending elephant killing in Cox’s bazar, Chattogram and other areas in the country.
In the petition 21 including the environment secretary, information secretary, director general of the forest department, district commissioners of Chattogram and Cox’s bazar were made respondents.
Also read: Case against 4 in Sherpur over killing Asian elephant
Earlier on November 9, Forest Department filed a Prosecution Offense Report case with Chattogram forest court against three people over killing a wild elephant in Satkania.
HC issues contempt of court rule against DoE DG, 3 others
The High Court on Sunday issued a contempt of court rule against four people, including the director general (DG) of Department of Environment (DoE) as they failed to submit a report on action taken against people occupying river banks and polluting the Bongshi River.
The other three accused are: the deputy commissioner of Dhaka, assistant commissioner (land) of Savar and officer in-charge of Savar Police Station.
The HC bench of Justice M Enayetur Rahim and Justice Md Mostafizur Rahman issued the rule and asked the four accused to respond to the rule.
Lawyer Mohammad Bakir Hossain Mridha appeared in the court for the writ petition while Deputy Attorney General Bipul Bagmar appeared for the state.
Read: HC seeks list of all the rivers and illegal occupiers from government
On December 2, 2019, following a writ petition, the High Court issued a rule along with an order, asking Bangladesh Water Development Board, Rajdhani Unnayan Kartripakkha (Rajuk), DoE DG, Dhaka Deputy Commissioner, Superintendent of Dhaka district police, Savar upazila nirbahi officer, Savar AC (Land) and officer in-charge of Savar Police Station to submit the report within 30 days.
At the same time, a rule was issued asking why the inaction of the defendants in preventing occupation by filling up the Bongshi River banks should not be declared as 'illegal and out of legal authority'. The rule also asked why the construction work should not be stopped by filling the river banks with soil.
On October 28 the same year, a report on encroachment of the Bongshi River banks and pollution of the river was published in a national daily. The report said 65 individuals and organizations occupied the river in Savar.
Later, Barrister Md Bakir Hossain, a local resident of Savar, filed a writ petition with the High Court attaching the newspaper report.
However, no action was taken in this regard by the authorities concerned.
HC allows two girls to stay with Bangladeshi father in custodial battle with Japanese mother
The High Court on Sunday ruled that the two children of Bangladeshi-born US citizen Imran Sharif and Japanese mother Nakano Erico will stay with their father.
Mother Eriko can exclusively meet the daughters, aged 11 and 10, three times a year for 10 days at a time and Imran will bear her travel and accommodation expenses, said the court.
The HC bench of Justice M Enayetur Rahim and Justice Md Mostafizur Rahman delivered the ruling until a writ petition by the mother is fully disposed.
If Eriko wants to meet her children beyond the court-prescribed time she has do it at her own expenses, the court said.
Imran Sharif was also instructed to allow the children to talk to their mother in video calls twice a month on holidays.
Read: HC directs lawyers to settle custody dispute over Japanese children in 12 days
Following the writ petition, the High Court also ordered Imran Sharif to give Tk 10 lakh to Eriko for the expenses she incurred to travel to Dhaka and stay here within seven days.
HC seeks list of all the rivers and illegal occupiers from government
The High Court on Sunday directed the government authorities to submit a proper list of the country's rivers and division-wise list of illegal occupiers.
The court asked the finance secretary, Bangladesh Inland Water Transport Authority (BIWTA), Water Development Board (WDB) and all the district commissioners to submit the lists within six months.
The HC bench of Justice Md Mozibur Rahman Mia and Md Kamrul Hossain Molla passed the order during a hearing on a writ petition filed by Bangladesh Environmental Lawyers Association (BELA).
Lawyer Syeda Rizwana Hasan represented BElA at the hearing while Deputy Attorney General Nowroz Md Rasel Chowdhury appeared for the state.
Read: 20-year masterplan to revive Dhaka's rivers in the works
Syeda Rizwana said there is an inconsistency regarding the number of rivers in Bangladesh.
“Even after the court passed many directions the river areas are determined wrongly which actually facilitates the illegal grabbing. At some places the action to evict occupiers is going on but not in all," she said.
According to the petition, WDB data says there are 405 rivers in Bangladesh while National River Conservation Commission (NRCC) mentions 707 and a private research says 1,182.
As the number of rivers remained undetermined, so did the number of illegal occupiers, it said.
NRCC data shows there are 57, 390 listed illegal occupiers while reports in national dailies exceed it.
Read: 60 illegal establishments evicted from Kirtankhola river banks
Recently the state minister for the shipping ministry told the Parliament there are 65, 127 river occupiers in the country.
BELA filed the writ in view of the discrepancy, Rizwana said.
Non-submission of report on money laundering by e-commerce firms irks HC
The High Court on Tuesday expressed discontent as the authorities concerned failed to submit reports in time on steps taken against money laundering by e-commerce firms and policy to collect tax and VAT from the firms.
The HC bench of justice M Enayetur Rahim and Md Mostafizur Rahman expressed their dissatisfaction during a hearing on three writ petitions filed by victims of fraudulence by e-commerce companies .
The bench said the court will take the matter seriously as the concerned government bodies did not respond to the notice issued by the High Court.
Also read: BFIU seeks bank account details of 23 e-commerce platforms
The court asked Deputy Attorney General Bipul Bagmar to inform the matter to the Attorney General.
The court then set November 23 for next hearing and extended the time for report submission till then.
Earlier on September 30, the court asked the Ministry of Commerce, the National Board of Revenue (NBR) and Bangladesh Financial Intelligence Unit (BFIU) to submit separate reports on money laundering by the e-commerce platforms by November 8.
The court asked the BFIU to inform it the steps it has taken on money laundering by e-commerce firms and also wanted to know from NBR its policy on collecting VAT and Tax from these firms.
The court also inquired about the area of work of the 16-member technical committee formed by the Commerce Ministry for the e-commerce sector.
Lawyers Mohammad Shishir Monir, Md Anwarul Islam and Pallob Kabir M Humaun appeared for the petitioners, while Deputy Attorney General Bipul Bagmar represented the state during the hearing.
Earlier on September 20, Supreme Court lawyer Anwarul Islam filed a writ petition seeking its directive on creating an independent e-commerce monitoring institute to protect the interest and rights of customers of e-commerce.
On September 22, another SC lawyer Mohammad Humayun Kabir filed a petition seeking its directive on forming a probe-committee to find out the responsible individual or government authority whose negligence or failure has caused lakhs of consumers monetary losses from renowned e-commerce like Evaly, e-orange, Dhamaka, Daraz, Qcoom, Aladiner Prodip, Alesha Mart, and Dalal Plus.
On September 23, thirty-three consumers of e-orange filed a writ to get back their money from the company.
Also read: 49 e-commerce platforms are blacklisted, refund of customers’ money in process: Commerce Ministry
The petition was filed by advocate Shishir Monir seeking bar on the senior officials and authority of the risky e-commerce companies like e-orange from leaving the country and seeking a committee for protecting the interest of both the customer and company coordinated by economists, IT experts, and stakeholders.
HC grants bail to expelled Sramik League leader in a graft case
The High Court on Tuesday granted bail to expelled Sramik League leader Tufan Sarkar of Bogura in a graft case filed by the Anti-Corruption Commision.
Justice Md Nazrul Islam Talukder and Justice SM Mozibur Rahman passed the order after hearing a petition.
On October 18, the HC issued a rule asking the government to explain as to why Tufan should not be granted bail in the case.
Also read: Expelled Sramik League leader Tufan denied SC bail
Advocate Rafiqul Islam Sohel stood for Tufan while Advocate Sazzad Hossain and Deputy Attorney General AKM Amin Uddin Manik represented the ACC and state respectively.
The case was filed against Tufan over amassing wealth and concealing wealth information.
According to the case despite having no known source of income Tufan was accused of hiding information about his property worth over Tk 29 lakh besides amassing about Tk. 1.60 crore beyond his known source of income.
Also read: HC turns down Tufan’s bail plea over Bogura rape
Tufan has been in prison since 2017 in a case filed over the rape and torture of a schoolgirl and her mother.
On June 22, 2020, the High Court rejected his bail plea in the case.
HC directs ACC to remove IO over bribery allegation
The High Court on Monday directed the Anti-Corruption Commission (ACC) to remove its Assistant Director Md Alamgir Hossain from investigating a case over allegations of demanding bribes.
The court also directed to take departmental and legal actions against the Investigation Officer for contacting the accused’s brother over phone, which is unethical.
The HC bench of Justice Md Nazrul Islam Talukder and SM Mojibur Rahman passed the order during a hearing on a writ petition filed in this regard by the defendant in the case.
Alamgir Hossain was investigating a case filed by ACC against former sub registrar of Dhaka sadar and incumbent registrar of Pirojpur district Md Abdul Kuddus Howladar and his wife Mahinur Begum.
Also read: HC orders judicial inquiry into JNU teacher’s death
But recently Abdul Kuddus sent a letter to the ACC Chairman alleging Alamgir demanded bribes from his brother over the case through a phone call.
After not getting a reply, he filed a writ petition with the High Court.
On March 7, the court asked to submit the call record and list of the petitioner’s brother’s phone number and accused IO Alamgir's during a hearing.
Following which, Bangladesh Telecommunication Regulatory Commission (BTRC) and Grameenphone submitted a report which showed record of multiple conversations between the two numbers.
The petitioner’s lawyer Md Kamal Hossain said, “If the phone call was about investigation the IO would have talked to the accused not his brother.”
Also read: HC issues contempt of court rule against DU VC , 3 others
Following the report HC summoned IO Alamgir, issued a rule and set Today’s date for final hearing on the petition.
On October 22, 2020, ACC filed a case with the Dhaka Chief Metropolitan Magistrate’s court against Md Abdul Kuddus and his wife for hiding information of Tk 24.70 lakh worth assets, acquiring Tk 90.12 lakh worth assets and keeping it occupied.
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.
Rangpur custodial death: HC seeks police probe report by Nov 11
The High Court on Wednesday directed police to submit their probe report over the death of Tajul Islam allegedly after police torture at Haragach in Rangpur.
The HC bench of Justice Mamnoon Rahman and Khandaker Diliruzzaman also asked police to submit his post-mortem report to the court.
The court fixed November 15 for the next hearing.
Also Read: New bench to hear death references for convicts in Ramna Batamul bombing case
Deputy Attorney General Amit Das Gupta read out the Rangpur Police Commissioner's report before the court which was sent from Rangpur through an email.
According to Rangpur Police Commissioner's report, a four-member probe committee has been formed which has been asked to submit its report within seven days.
The autopsy report did not mention about any injury marks on Tajul’s body, it said.
On Tuesday, the HC bench of Justice Mamnoon Rahman and Khandaker Diliruzzaman asked Deputy Attorney General Amit Das Gupta to inform the court about the steps taken in this regard after consultation with the Rangpur police commissioner.
Also Read: Youth dies under police custody in Nilphamari
Tajul Islam, 55, a resident of Dalalhat village in Haragach union, was reportedly beaten to death by police at Haragach Natun Bazar around 6 pm on Monday.
Tajul was detained with some drugs during a police drive at Haragach Natun Bazar on Monday evening and he fell unconscious as police beat him up mercilessly. At one stage, police pushed him against a wall and he died on the spot.
Enraged by the incident, locals cordoned off Haragach police station, threw brick chips at police and vandalized some vehicles.
Police later fired rubber bullets and lobbed teargas shells to disperse the protesters.
HC wants to know steps over Rangpur custodial death
The High Court on Tuesday wanted to know the steps taken after the death of Tajul Islam allegedly after police torture at Haragach in Rangpur. The HC bench of Justice Mamnoon Rahman and Khandaker Diliruzzaman asked Deputy Attorney General Amit Das Gupta to inform the court about the steps taken in this regard after consultation with the Rangpur police commissioner.
Read: Mob surrounds police station in Rangpur accusing cops of beating a person to death Barrister Jyotirmoy Barua presented a report on the incident published in a daily newspaper before the court and sought a necessary directive in this regard on Wednesday. DAG Amit Das Gupta said he will inform the court about the incident after consultation with the Rangpur police commissioner. Tajul Islam, 55, a resident of Dalalhat village in Haragach union, was reportedly beaten to death by police at Haragach Natun Bazar around 6 pm on Monday. Tajul was detained with some drugs during a police drive at Haragach Natun Bazar on Monday evening and he fell unconscious as police beat him up mercilessly. At one stage, police pushed him against a wall and he died on the spot.
Read: HC turns down writ seeking enactment of law for EC formation Enraged by the incident, locals cordoned off Haragach police station, threw brick chips at police and vandalized some vehicles. Police later fired rubber bullets and lobbed teargas shells to disperse the protesters.