HC
HC asks Bangla Academy for stall allotment to Adarsha Prokashoni on condition
The High Court on Wednesday asked the authorities concerned to give stall allotment to Adarsha Prokashoni to participate in the month-long Ekushey Book Fair on condition.
An HC bench of Justice Md Khasruzzaman and Justice Md Iqbal Kabir passed the order after hearing a petition filed by the publishing house owner Md Mahabubur Rahman, said the plaintiff’s counsel barrister Anik R Hoque.
Assistant Attorney General Selim Azad represented the state.
Counsel Anik said the court asked the Bangla Academy to give the stall allotment on condition that it cannot keep three books—‘Bangalir Mediacretir Sandhane’ by Faham Abdus Salam, ‘Unnoyan Bibhram’ by Zia Hasan and ‘Oprotiroddo Unnoyane Obhabniyo Kothamala’ by Foyez Ahmad Taiyeb.
He said that though the books were not blacklisted or banned, the participation of the publishing house was restricted involving the books.
Read More: Barred from Ekushey Book Fair 2023, Adarsha goes to High Court
The writers of 600 books, which were published from the Adarsha Prokashoni, will be deprived of taking part in the month-long fair, he said.
Owner Mahabubur Rahman filed a petition to the HC seeking intervention after authorities disclosed the names of the participating publishing houses except the Adarsha Prokashoni on January 12.
21 lawyers should be ashamed of indecent slogans against B'baria Judge, HC observes
The High Court (HC) on Monday observed that 21 lawyers should be ashamed of chanting indecent slogans against district Woman and Child Repression Prevention Tribunal Judge Mohammad Faruq.
The HC bench of Justice JBM Hassan and Justice Razik-Al-Jalil made the observation when 21 lawyers of Brahmanbaria Bar Association appeared before it in compliance with its January 10 order.
It is a crime worse than contempt of court, said the court and warned that HC could cancel the licenses of these lawyers for life.
The court also extended the time till February 19 for the lawyers to explain the contempt of court allegation.
Also Read: Misconduct with B'baria Judge: HC orders removing video
On January 10, the summoned the 21 lawyers including the Brahmanbaria Bar Association secretary to explain the allegation of contempt of court.
The court also issued a rule to explain why contempt of court proceedings should not be initiated against them.
Brahmanbaria District and Sessions Judge Sharmin Nigar sent a letter to the Supreme Court in this regard on January 9.
Also Read: Misconduct with Judge: HC summons 21 B’baria lawyers
Earlier on January 5, the same bench summoned three lawyers including Brahmanbaria Bar Association president on January 17 for misbehaving with the district Woman and Child Repression Prevention Tribunal Judge Mohammad Faruq.
Those summoned were Bar Association president Advocate Tanvir Ahmed Bhuiyan, Secretary (Administration) Advocate Md Akkas Ali and Advocate Zubair Islam.
The court also issued a rule questioning as to why punitive action should not be taken against them on contempt of court charge.
Also Read: Misconduct with Judge: HC summons B’baraia Bar Association president, 2 lawyers
On January 4, district Woman and Child Repression Prevention Tribunal Judge Mohammad Faruq sent a written complaint to the High Court to take action against those involved in this incident. Later, on the instructions of the Chief Justice, the Registrar General of the Supreme Court sent the written complaint of the judge to the HC bench.
On January 2, Bar Association president advocate Md Tanvir Bhuiyan, Secretary Advocate Md Akkas Ali and around 10-15 lawyers including Zubair Islam came and rudely asked the judge to leave the courtroom. Advocate Tanvir hurled abusive words at the court, as per the complaint.
HC summons DGME DG for failure to present documents of a student
The High Court (HC) on Thursday summoned the director general (DG) of the Directorate General of Medical Education (DGME) on January 24 for his failure to present documents of a medical student last year.
An HC bench of Justice Jafar Ahmed and Justice Md Bashir Ullah passed the order after hearing a petition in this regard, said the plaintiff’s lawyer Mohammad Shishir Monir.
The HC asked DG Tito Mia to explain his failure to present with the documents and files in person, he said.
One Shariful Islam got admitted at Chattogram BGC Trust Medical College in 2021 but Bangladesh Medical College and Dental Council authority didn’t register his roll number due to an unknown reason.
Being aggrieved, the student filed a writ petition at the HC.
After hearing, an HC bench asked the DG to present main documents and other papers related to admission in November last year.
As he failed to do so, the HC again on Thursday asked the DG to present with the documents on January 24.
Read more: Appellate Division upholds HC order to grant bail to NSU’s ex-trustee Shahjahan
HC summons DG of DGHS for not recruiting doctors to fill vacant posts in prisons
The High Court on Tuesday summoned the director general of the Directorate General of Health Services (DGHS) for not complying with its directive over recruitment of 48 doctors to the vacant posts in the prisons of the country.
The court asked him to appear before it on January 24 for an explanation.
The HC bench of Justice KM Kamrul Quader and Justice Mohammad Ali passed the order following a writ petition filed by advocate JR Khan Robin.
Read more: Nayapaltan clash: BNP's Salam, Annie get 6-month interim bail
JR Khan Robin said, on June 23, 2019, the court issued a rue asking the authorities concerned to submit a list on the capacity of prisons, the number of prisoners and doctors and the vacancies of doctors in all prisons across the country.
The jail authorities reported to the court in November 2019 that there were only 10 doctors against 141 posts in 68 prisons. After seeing the report, the High Court ordered recruitment of doctors in the prisons.
On September 21, 2021, it was reported to the court that 112 doctors were appointed in 68 prisons in the country against a total of 141 vacant posts.
Then the HC ordered the speedy appointment of doctors in the remaining vacant posts. But health authorities did not take any initiative in this regard.
Following an appeal, the court upheld the previous order on November 15 last year and ordered the Inspector General of Prisons and the Secretary to the Security Services Department of the Ministry of Home Affairs to submit a report on it.
Later, the Inspector General of Prisons submitted a report on December 13.
According to the report, 68 prisons and a prison hospital in the country have a total number of 141 posts of doctors at various levels. It was reported that that 93 doctors were appointed against 141 posts.
Later, the court ordered the recruitment of doctors to the remaining 38 vacant posts by January 7.
459 Bangladeshis’ properties in Dubai: HC orders investigation by ACC, 3 agencies
The High Court on Sunday ordered four agencies, including the Anti-Corruption Commission (ACC), to investigate about properties of 459 Bangladeshi nationals in Dubai.
The other agencies are Bangladesh Financial Intelligence Unit (BFIU), Criminal Investigation Department (CID) and National Board of Revenue (NBR).
The HC bench of Justice Md Nazrul Islam Talukder and Justice Khizir Hayat passed the order after hearing a writ petition in this regard.
The court asked the four agencies submit the progress within a month.
Read more: HC orders investigation on assets and bank accounts of Rajarbagh Pir
The court also issued a rule questioning why the inaction of the authorities concerned should not be declared illegal in taking action regarding the complaint of the properties of 459 Bangladeshis in Dubai.
On January 12, Advocate Subir Nandi filed the writ petition attaching a report in this regard published in a national daily.
According to the report, a huge amount of money has been transferred to Dubai from different parts of the globe including Bangladesh openly and secretly.
Based on a report of US-based Centre for Advanced Defense Studies, the EU Tax Observatory said 459 Bangladeshis have purchased properties in Dubai concealing the information in their own country and the number of properties was 972 in 2020.
According to the report, Bangladeshis have purchased properties worth approximately one billion dollar during this period and Bangladeshi people were the top buyers in the real estate sector of Dubai.
The United Arab Emirates (UAE) is now in any way trying to boost foreign investment. For this, it is offering various facilities for rich people from abroad to buy properties.
Read more: ACC may submit progress report of probe against Wasa MD within 15 days: HC
Experts believe that huge amount of money are being transferred due to the lack of effective and strong measures to stop money laundering, it said.
ACC may submit progress report of probe against Wasa MD within 15 days: HC
The High Court on Monday said the Anti-Corruption Commission (ACC) may submit a progress report of its ongoing investigation against managing director of Dhaka Water Supply and Sewerage Authority (Wasa) Taqsem A Khan.
The ACC may submit the progress report within 15 days, said the HC bench of Justice Md Nazrul Islam Talukder and Justice Khizir Hayat when ACC lawyer Khurshid Alam Khan drew attention of the court to a newspaper report ‘Taqsem’s 14 houses in the US’
The report was published in Bangla daily ‘Samakal’ on Monday.
Read: Narcotics case: SC upholds HC’s stay order or trial proceedings against Pori Moni
However, the court did not pass any order based on the newspaper report.
According to the Samakal report, the Wasa MD bought 14 houses in different states of the US. Several intelligence agencies including US intelligence watchdog Interpol, have started investigating the source of his money to buy the houses and information about the transaction process.
According to the complaint submitted to the ACC recently, Taqsem laundered thousands crores Taka from Wasa’s big projects with foreign loans to the US through various means including hundi. He bought 14 luxury houses in posh areas of the country including Los Angeles, New York.
Taqsem, also a US citizen, joined Dhaka Wasa as MD in 2009 while staying in the US. All members of his family stay there.
Taqsem also stays with family in the US for about three months every year.
On December 5 last year, HC bench of Justice Md Nazrul Islam Talukder and Justice Khizir Hayat asked the ACC for an update on the ongoing investigation against Taqsem following a writ petition challenging the legality of his’s appointment as Wasa MD.
Taqsem A Khan was appointed Wasa MD on a three-year contract in 2009. His contract was extended three times despitehis “poor performance”.
Read: HC Chamber Judge asks Wasa MD to submit salary statement
On October 11, the Appellate Division Chamber Judge sought a report on how much money Taqsem received as salary, bonus and other facilities in the last 13 years.
He was drawing extra salary and allowances going beyond the rules. According to the latest board decision, the monthly salary of Wasa MD is Tk 6.25 lakh.
A case was filed against nine people including Taqsem alleging that Tk 132.4 crore of Dhaka Wasa Employees Multipurpose Cooperative Society was withdrawn and embezzled from six banks through various checks with the help and instructions of Wasa MD.
The Bangladesh Financial Intelligence Unit (BFIU) also sent a letter to all banks seeking information of accounts of the Wasa MD on August 25 last year.
Nayapaltan clash: HC orders giving division in jail to 5 BNP leaders
The High Court on Sunday ordered the jail authorities to give first class facility in jail to five BNP leaders who were arrested in a case over the clash between police and the party activists in the capital’s Nayapaltan.
The BNP leaders are- adviser to BNP chairperson Abdus Salam, BNP joint general secretary Khairul Kabir Khokon, Publication Secretary Shahiduddin Chowdhury Annie, former organising secretary Fazlul Haque Milan and Barisal District (South) BNP convenor and National Executive Committee member Abul Hossain Khan.
The HC bench of Justice KM Kamrul Quader and Justice Mohammad Ali passed the order after hearing on a writ petition seeking division for them in jail
On December 13, a writ petition was filed in the High Court seeking first class facility in jail for the BNP leaders.
On December 7, a Swechchasebak Dal leader was killed and around 50 others were injured in a clash between police and the BNP activists in front of the party’s Nayapaltan central office, ahead of its December 10 rally. The BNP leaders were arrested on the same day following the clash.
Read more: Mirza Fakhrul, Abbas should’ve given division in jail earlier: HC
A Dhaka court sent 445 BNP leaders and activists including Annie and Salam to jail in two cases filed over the violence and order to give division in jail to the five leaders on the following day.
But the jail authorities did five them division jail.
Later, on December 9, a team of Detective Branch (DB) of police picked up Fakhrul and Abbas from their homes in separate raids in the capital city in the early hours.
Later, they were arrested in a case filed over the clash between police and the party activists in the capital’s Nayapaltan.
Read more: BNP leaders, activists being treated inhumanely in jail: BNP
A Dhaka court ordered to give division facility to them on December 9 and then they were given the division facility from December 13.
HC issues contempt of court rule against 4 including Rajuk chairman
The High Court on Monday issued a contempt of court rule against four people, including chairman of Rajdhani Unnayan Kartripakkha (Rajuk) Md Anisur Rahman Miah, for not implementing its directive to remove unauthorized commercial establishments from the residential area of Dhanmondi.
The bench of Justice JBM Hassan and Justice Razik-Al-Jalil issued the rule after a hearing on a contempt of court petition filed by a rights organisation Human Rights and Peace for Bangladesh.
The other three accused are--the Housing and Public Works Secretary Kazi Wasi Uddin, Rajuk's former engineer Md Shah Alam, and authorised officer Nuruzzaman Hossain.
Senior advocate Manzill Murshid appeared for the petitioner, while deputy attorney general Tushar Kanti Roy represented the state.
Read more: HC asks ACC to let it know progress of probe against Wasa MD
Following a writ petition filed by two residents of the area, the HC on June 11, 2012 declared all commercial operations in Dhanmondi residential area illegal and directed authorities to remove such institutions.
The High Court issued a ruling on the preliminary hearing of this writ on February 2 of the same year. At the same time, an interim ban was placed on setting up and approving new schools, colleges and business establishments in Dhanmondi residential area.
Lawyer Manzill Murshid said that the court directed the defendants including Rajuk to remove unauthorized commercial establishments from Dhanmondi residential area and to remove some branches of Maple Leaf International School.
He said that officials have not implemented the HC directive issued in 2012 regarding removal of all commercial institutions from Dhanmondi residential area which is tantamount to contempt of court.
HC: Writ petition filed challenging Taqsem Khan’s appointment as Wasa MD
A writ petition was filed at the High Court on Monday challenging the legality of Taqsem A Khan’s appointment as Managing Director of Dhaka Water Supply and Sewerage Authority (Wasa) alleging his recruitment process was rigged.
Barrister Syed Sayedul Haque Suman, a former prosecutor of the International Crimes Tribunal and popular social media figure submitted the writ petition upon the green light of the High Court bench of Justice Md Nazrul Islam Talukder and Justice Khizir Hayat.
Seven people including Local Government and Rural Development Cooperatives Secretary, Public Administration Secretary were made respondents to the writ petition.
Read: HC orders govt to submit documents of house occupied by Salam Murshedi
The court is likely to hear the petition this week.
Barrister Suman said Taqsem A Khan has been serving as Wasa MD for the last 13 years since 2009.
During his tenure he has raised the water price to Tk 15 per unit from Tk 6 per unit. Despite, allegation and probe of embezzling thousands of crores of Tk against him, he has remained in his post securely, he said.
In 2009 he was appointed after rewriting and rigging his recruitement exam result as it was required to have 20 years of experience for that position and he had no such relevant experience, said Barrister Suman.
Read: HC upholds bdnews24.com editor’s bail order
“His appointment letter mentions that the authority is requesting to maintain caution while examining and considering contractual appointments in future. Which means there was some sort of rigging that happened yet his tenure was extended later,” he explained.
The writ petition was filed as his recruitment process needs to be probed, he said.
Taqsem A Khan was appointed as Wasa MD on a three-year contract in 2009. His contract has been extended three times after that.
HC directs to send back civil appeal cases at CHT courts to Divisional Commissioner
The High Court on Monday directed that under trial appeals against civil case orders cannot be transferred to three Chittagong Hill Tracts district courts for hearing from Chattogram Divisional Commissioner’s and Additional Divisional Commissioner’s office.
A special bench of Justice Sheikh Hassan Arif and Justice SM Kuddus Zaman passed the order during a reference on two legal questions in this regard.
The bench also directed to immediately send back the undisposed civil nature case appeals and other such legal procedures transferred to these courts from the divisional commissioner’s office.
The Chattogram Divisional Commissioner will dispose of these appeals as they did before 2003, amendment of law for appeals against deputy commissioner’s orders in civil cases, said the court.
The court however said already disposed cases at CHT courts sent from the divisional office will be considered passed and closed.
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Any other courts cannot raise questions regarding the orders given by CHT district judge courts in these cases though it’s not fall under their jurisdiction, said the High Court .
Until establishment of district judge courts at Rangamati, Bandarban and Khagrachhari on July 1, 2008, deputy commissioners of these districts used to dispose of all cases. Besides, appeals against those orders were made to the Chattogram divisional commissioners.
According to the provisions of Chittagong Hill Tracts Act (Amended), 2003, all criminal case appeals and other criminal cases from divisional commissioner and additional divisional commissioner’s office will be transferred to district session judge courts.
But the undisposed civil case appeals, revisions and such other legal procedures were not to be transferred according to the provisions.
However the district judges have been disposing of all civil case appeals and revisions transferred from the Divisional and Additional Divisional Commissioner’s offices until now.
Few months ago, Bandarban’s additional district judge sent a reference to the Supreme Court Registrar General seeking to resolve two legal questions in this regard.
READ: 2 militants who escaped from Dhaka court will be arrested any time soon: DB Chief
The two questions of reference are- whether the pending appeal or revision or any other legal proceedings filed with the Divisional Commissioner of Chittagong Division or Additional Divisional Commissioner against the judgment or order of civil nature case given by district deputy commissioner prior establishment of district judge courts can be legally transferred to that court?
Besides, if the divisional commissioner or additional divisional commissioner transferred such civil nature legal proceeding to the district judge court for trial and settlement whether it is legally defensible?
After the reference was sent to Chief Justice Hasan Foez Siddique he formed a special bench for hearing.
On October 31, the bench asked Attorney General AM Amin Uddin, senior lawyers AF Hasan Arif , Rokon Uddin Mahmud, Prabir Neogi and Raja Devasish Roy to give expert opinion in this regard as amici curiae (friends of court).
According to the order, from now on, civil cases in the three hill districts will be filed in the Joint District and Sessions Judge Courts and appeals against them will be filed in the District Sessions Judge Court.
But the divisional commissioners will have to dispose off the appeal against civil cases settled by district deputy commissioners before the establishment of the district judge courts in those districts.