HC
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.
HC issues rule on bail for staff arrested over PMO doc forgery
The High Court on Tuesday issued a rule seeking explanation on why Fatema Khatun, a staffer suspended over a case of document forgery in the Prime Minister’s Office, should not get bail.
The bench of Justice M Enayetur Rahim and Justice Sardar Md Rashed Jahangir issued the rule during a hearing on the defendant’s bail petition.
Advocate Momatajuddin Ahmed represented the defendant during the hearing.
Defendant’s advocate prayed for bail mentioning Fatema Khatun’s health condition worsening after staying a year in jail.
The High Court disagreed to grant bail to Fatema for bringing disrepute to PMO’s image and rather agreed to issue a rule.
Also read: DU teacher’s termination: HC questions legality of action
On May 5, 2020, PM office director-7 Md. Rafiqul Alam filed a case against three individuals.
Later police submitted charge sheet of the case accusing six people including Fatema Khatun and Chhatra League central committee leader Tariqul Islam.
Others accused in the case are Nazim Uddin, Rubel, Farhad Hossain, a student of North South University, and former treasurer of Bangladesh University of Professionals , retired air commodore M Abdus Salam Azad.
The accused were working to have Abdus Salam Azad appointed to the post of treasurer of North South University.
According to the charge sheet, the names of the chairman of history department of NSU Professor M Enamul Haque, Professor of architecture department of BUET Md Abdur Rauf, and M Abdus Salam Azad were put forward in an Education Ministry document, from which one was to be chosen for the post of NSU treasurer by the PM.
Also read: HC rejects writ challenging gazette on Papul’s MP post
Working as the office assistant at PMO, Fatema got the document in hand after the PM made her choice and disclosed the confidential information that Abdus Salam had not been chosen to BCL leader Tariqul.
On March 1, the same year Fatema handed over the document to accused Farhad for Tk 20,000.
Later, the accused tampered with the document to showing M Abdus Salam Azad approved for the post, and had it sent to the president’s office from the PMO for final approval, said the charge sheet.
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.
Order on writ against declaring Papul's parliamentary seat vacant Tuesday
The High Court has fixed Tuesday for giving order on a writ filed by Laxmipur-2 lawmaker Shahid Islam Papul's sister against the gazette notification that declared the MP's Laxmipur-2 constituency seat vacant.
The bench of Justice Md Mojibur Rahman Mia and Justice Md Kamrul Hossain Mollah Monday fixed the date after hearing a writ filed by Papul's sister Nurunnahar Begum.
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.
READ: Freezing bank accounts of ex-AL MP Awal, wife: HC questions legality of order
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.
On February 22 this year, the parliament declared the Lakshmipur-2 constituency seat 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: MC College gang-rape:HC orders suspension of principal, hostel superintendent
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.
HC revokes stay order on recruitment process of 54,000 teachers to private institutions
The High court on Monday revoked its stay order on the recruitment process of 54,000 teachers to private schools, colleges and madrasas across the country.
Besides, the HC ordered the Non-government Teachers' Registration and Certification Authority (NTRCA) to direct the authorities concerned to recruit within four weeks around 2,500 candidates who filed contempt of court petitions against NTRCA .
Also read: HC turns down writ seeking cancellation of MBBS admission test results
The bench of Justice Mamnoon Rahman and Justice Khandaker Diliruzzaman passed the order after hearing on 20 contempt of court petitions filed in 2019 by 2,500 qualified candidates.
Attorney General AM Amin Uddin represented the education ministry, lawyers Khurshid Alam Khan, Mohammad Siddique Ullah Miah, and Mohiuddin Md Hanif appeared for the petitioners, while lawyer Md Kamruzzaman represented the NTRCA during virtual hearing on contempt of court petitions.
On May 6, the HC stayed the process for recruiting 54,000 teachers to private schools, colleges and madrasas across the country for violating its earlier directives.
The court also ordered NTRCA to recommend in seven days to the authorities concerned of the government to appoint 2,500 qualified candidates, who filed contempt of court petitions against the NTRCA.
HC turns down writ seeking cancellation of MBBS admission test results
The High Court on Thursday rejected a writ petition seeking cancellation of results of the MBBS admission test for 2020-2021 academic year and formulation of a new merit list.
The virtual court of Justice M Enayetur Rahim and Justice Sardar Mohammad Rashed Jahangir passed the order.
The hearing of the writ petition ended on Monday.
Also read: Legal notice to government seeks cancellation of MBBS result
Additional Attorney General SM Munir and Deputy Attorney General Bipul Bagmar represented the state while Barrister Mohammad Humayun Kabir Pallab appeared for the writ petitioner.
Earlier on May 20, a writ petition was filed over the matter by Barrister Pallab on behalf of 324 admission seekers.
It claimed that the results published on April 4 contained "numerous errors and major inconsistencies".
Also read: MBBS admission test results: 40% pass rate
Bail, Ad-interim orders extended for 4 weeks: HC
Bail and all High Court ad-interim orders have been extended for the next four weeks, considering the lockdown and ongoing Covid situation.
Registrar general of the Supreme Court Md Ali Akbar issued a notice in this regard on Sunday.
The notice says the four week-extension will be effective on cases the High Court granted bail to the accused for a specific period or granted bail on condition of surrendering to a lower court or declared ad-interim order for a period.
On April 5 and April 18, through two different notices the Supreme Court has extended all ad-interim bails and orders for two weeks, twice.
On April 11, the Supreme Court declared on a notice that, from April 12 all the court and tribunals will be conducted virtually to settle all the bail and emergency criminal applications.
Hearing on plea challenging stay on Irfan Selim’s bail on April 25
The Appellate Division of Supreme Court on Thursday fixed April 25 for hearing a petition filed by the state challenging bail of Irfan Selim that was granted by the High Court (HC) in a case over assaulting a Navy officer last year.
A virtual Appellate Division bench led by the Chief Justice Syed Mahmud Hossain fixed the date. Advocate Abdul Baset Majumdar stood for Irfan, son of Awami League leader Haji Selim.
On March 18, the High Court granted him bail which was later stayed for four weeks by the chamber judge on March 28.
Also read: Hearing on Irfan Selim’s plea challenging stay on bail order on April 19
According to the case statement, a private car hit Bangladesh Navy’s Lieutenant Wasif Ahmed Khan’s motorcycle near Labaid Hospital at Dhanmondi on October 25, 2020 when he and his wife were returning to their Mohammadpur residence from Nilkhet.
Later, some people, including Irfan, came out of the car and physically assaulted Wasif and verbally abused his wife.
The Navy officer filed a case at Dhanmondi Police Station, naming four people including Irfan. The three other accused are AB Siddique Dipu, 45, Md Zahid, 35, and Md Mizanur Rahman, 30. All of them are behind bars now.
Also read: Navy officer assault case: SC stays HC bail to Irfan Selim
On October 26, 2020, Rapid Action Battalion (Rab) detained Irfan from his father’s Devdas Lane residence in Old Dhaka. Two firearms, 38 walkie-talkies and liquor were seized from his house during the drive.
He was suspended from the post of councillor the next day. He has been facing four more cases.
He was sentenced to six months’ imprisonment for keeping walkie-talkies illegally and another six months for possessing illegal liquor on October 26, 2020 by a mobile court led by Rab.
Why FBCCI’s failure to halt polls won’t be declared illegal: HC
The High Court (HC) on Tuesday issued a rule seeking explanation as to why the inaction of Federation of Bangladesh Chambers of Commerce and Industry (FBCCI) to halt its election process should not be declared illegal.
The bench of Justice Justice M Enayetur Rahim and Justice Sardar Md Rashed Jahangir passed the order after hearing a writ petition filed by one of the FBCCI committee members.
The rule also asked why a notice of the Commerce Ministry issued on April 7 directing to continue the FBCCI election process would not be declared illegal.
Advocate Khurshid Alam Khan and HM Sanjid Siddique stood for the writ petitioner.
The writ was filed as the FBCCI election process was directed to continue amid the surge of coronavirus deaths and infections, said Advocate HM Sanjid Siddique.
Voting for the upcoming FBCCI Board of Directors elections is scheduled to be held on May 5.
Statements over police-doctor altercation undesirable: HC
The High Court on Tuesday expressed discontent over statements issued by organisations of doctors and policemen over an altercation among a physician, a cop and a magistrate during the lockdown.
“The behaviour of the government officials is undesirable and statements issued by the two professional organisations was not prudent,” said the High Court.
Also read: HC declares all sorts of gambling illegal
Justice M Enayetur Rahim and Justice Sardar Md Rashed Jahangir’s bench made the observation.
Advocate Yunus Ali Akand placed before the court media reports on the incident and statements of the two professional organisations.
Attorney General AM Amin Uddin said the occurrence of the incident was unfortunate.
The HC also asked the two parties to ease tension.
On Sunday, an altercation ensued between police and Dr Syeda Shawkat Jeny, assistant professor of Radiology and Imaging Department of Bangabandhu Sheikh Mujib Medical University in city’s Elephant Road over checking her identity card.
A video recording of part of the incident went viral on Facebook, sparking criticism.
Bangladesh Medical Association in a statement said the physicians and health workers have been harassed by police while going to their workplace during the lockdown.
Also read:HC issues rule on why Rana Plaza owner should not get bail
Besides, Swadhinata Chikitsak Parishad expressed strong condemnation and demanded punitive action against those involved in the incident.
On the other hand, Bangladesh Police Service Association issued another statement condemning the behaviour of the physician.