Petition dismissed, Appellate Division orders to continue labour law violation case against Dr Yunus, 3 others
The Appellate Division of the Supreme Court (SC) on Sunday (August 20, 2023) ordered to continue the trial proceedings after dismissing a petition submitted by Nobel laureate and Chairman of Grameen Communications, Dr Muhammad Yunus, and three others in a case over violation of labour law. A regular and full bench consisting of seven justices of the Appellate Division headed by Chief Justice Hasan Foez Siddique passed the order after hearing the petition, said the defendants’ counsel, Barrister Abdullah Al Mamun. On September 9, 2021, Labour Inspector Arifuzzaman, of the Department of Inspection for Factories and Establishments, filed the case with Dhaka's 3rd Labour Court. Read: Labour law violation case: SC orders disposal of rule on charge framing against Dr Yunus within two weeks Other accused in the case are: Ashraful Hasan, Managing Director of Grameen Telecom, and its directors, Nurjahan Begum and Shahjahan. According to the case, in an inspection visit to Grameen Telecom, inspectors of the department found that 101 workers and staff who were supposed to be permanent were not made so. No participation fund and welfare fund were formed for them and five percent of the company’s profit was not provided to the workers following the law. Read: Appellate Division orders Dr Yunus to pay NBR Tk 12 crore tax on donations Later on December 7, Prof Yunus filed a petition with the High Court seeking scrapping of the case. On December 12, HC stayed the procedure of a case for six months. On June 6 this year, the Labour Court ordered the trial in the case through framing chargesheets against the accused. Later, Dr Yunus filed a petition with the HC seeking cancellation of the charge framing order. Subsequently, on August 8, the HC rejected the petition. Read more: Supreme Court to hear Dr Yunus's petition on July 23 Later, the Nobel laureate filed the petition with the Appellate Division seeking cancellation of the charge framing order. The division led by the chief justice cleared the petition after hearing it on Sunday.
The Law Ministry on Thursday received a petition seeking another extended suspension of BNP Chairperson Khaleda Zia’s jail term sent by the Homer Ministry. “The Law Ministry has received a file from the Home Ministry regarding the extension of Khaleda Zia's release term by suspending her sentence. We’ll send it back to the Home Ministry with our opinions,” Law Minister Anisul Huq told UNB. Replying to a question about whether the BNP chief will be allowed to go abroad this time, the minister said, he still did not see the file. “I’ve not received the file yet. So, I can’t tell you what the file contains.” He, however, said the government first released Khaleda in 2020 with two conditions and her release term was extended several times with those conditions. “I think the previous conditions will also remain this time.” The BNP Chairperson younger brother Shamim Eskandar submitted a fresh application recently to the Home Ministry seeking a further extension to the suspended jail term of his sister as her release period will end on March 24 next. In the application, he also urged the government to relax the conditions of the BNP chief’s release and allow her to go abroad for treatment. In the previous applications, Khaleda’s family also sought permission to send her abroad for medical treatment. This is the seventh time the BNP chief’s family sought an extension to her suspended jail term. The government accepted all the previous applications but did not give Khaleda permission to go abroad for treatment. On various occasions, the law minister explained that there was no legal scope to relax the conditions given by the government during Khaleda’s first release through an executive order. Amid the coronavirus outbreak, the government temporarily freed Khaleda Zia from jail through an executive order by suspending her sentence on March 25, 2020, with conditions that she would stay at her Gulshan house and would not leave the country. Since then, her release term has been extended every six months following the family's plea. The government has so far extended the convicted former prime minister’s conditional release six times, with the last extension on September 18, 2022. Khaleda was sent to the Old Dhaka Central Jail as a lower court sentenced her to five years' imprisonment in the Zia Orphanage Trust corruption case on February 8, 2018. Later, she was found guilty and convicted in another corruption case the same year. The 77-year-old BNP chief has been staying at her Gulshan residence since her release in 2020. She also received treatment at Evercare Hospital in the capital six times since she was infected with Covid-19 in April 2021 As per her physicians, Khaleda has been suffering from various ailments, including liver cirrhosis, arthritis, diabetes, kidney, lung, heart, and eye problems. They have long been saying that the BNP chief needs to receive treatment in any advanced medical centre abroad for her critical diseases, including liver cirrhosis.
The Appellate Division of the Supreme Court today stayed the High Court order that had asked the authorities concerned to give stall allotment to Adarsha Prokashoni to participate in the month-long Ekushey Boi Mela on condition. A four-member bench of the Appellate Division led by Chief Justice Hasan Foez Siddique passed the order after hearing a petition. With the latest order, Adarsha Prokashoni will not be allowed to participate in the book fair. Also read: HC asks Bangla Academy for stall allotment to Adarsha Prokashoni on condition Advocate Anik R Haque stood for Adarsha Prokashoni while Senior Advocate Attorney General AM Amin Uddin represented Bangla Academy. On February 8, the HC bench of Justice Md Khasruzzaman and Justice Md Iqbal Kabir passed an order asking the authorities concerned to give stall allotment to Adarsha Prokashoni to participate in the month-long Ekushey Book Fair on condition. Counsel Anik said the court asked the Bangla Academy to give the stall allotment on condition that it cannot keep three books —‘Bangalir Mediocrity’r Sandhane’ by Faham Abdus Salam, ‘Unnoyan Bibhram’ by Zia Hasan and ‘Oprotiroddho Unnoyane Obhaboniyo Kothamala’ by Foyez Ahmad Taiyeb. Read More: Tracing the Roots of Ekushey Boi Mela Later, Bangla Academy filed a petition challenging the HC order. On Monday (February 13), the Chamber Judge of the Appellate Division Justice M Enayetur Rahim set February 15 for hearing on the petition. Advocate Anik said that though the books were not blacklisted or banned, the participation of the publishing house was restricted involving the books. Read More: Boi Mela, Pahela Falgun & Valentine's: Visitors around DU campus spoilt for choice 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 with the HC seeking intervention after authorities disclosed the names of the participating publishing houses except Adarsha Prokashoni on January 12.
A petition has been filed with the Supreme Court seeking a stay on a High Court order that cleared the way for GM Quader to perform duties as the Chairman of Jatiya Party (JaPa). Lawyer Mohammad Sayeed Ahmed Raza, on behalf of Ziaul Haque Mridha submitted the petition on Thursday requesting the apex court to prohibit GM Quader from performing party activities. The chamber judge of the Appellate Division of the SC may hold a hearing of the petition on Sunday, advocate Sayeed Ahmed Raza said. Earlier on Sunday (Feb 5), the High Court cleared the way for GM Quader to perform duties as the Chairman of Jatiya Party (JaPa). The HC also issued a rule asking the government to explain as to why the temporary embargo on performing duties by GM Quader should not be cancelled. The Appellate Division on December 14 last year upheld the verdict of a lower court that barred GM Quader from performing his duties as the Chairman of Jatiya Party (JaPa). The Appellate Division bench also asked Dhaka Joint District Judge’s Court to quickly dispose of the petition filed by Quader against its verdict that prevented him from acting as JaPa chief. Read more: Criticizing govt can never be seditious: GM Quader Following the rejection, GM Quader filed a revision petition against the court order. On November 30 last year, Chamber Judge of the Appellate Division M Enayetur Rahim stayed the High Court order allowing Jatiya Party Chairman GM Quader to perform the duties of his post. On November 29, 2022, the HC cleared the way for GM Quader to perform his duties as Jatiya Party Chairman by staying the lower court embargo till January 3 following a revision petition. Ziaul Haque Mridha filed the case against GM Quader on October 4. On October 30, last year, Dhaka Joint District Sessions Judge court-1 issued a temporary embargo on the political activities of Quader. Quader declared himself as chairman of the party through forgery at a council on December 28, 2019 when a writ petition case was pending at the High Court.
A Chattogram court on Sunday rejected a plea filed by ex-Chattogram Superintendent of Police (SP) Babul Akter seeking its permission to file a case against six officials of Police Bureau of Investigations (PBI) including its chief Banaj Kumar Majumdar for torturing him in police custody. Chittagong Metropolitan Sessions Judge Begum Jebunnessa passed the order. The court also rejected two separate petitions for recording statement under Section 200 bringing Babul Akter to the court and seeking security in Feni prison cell. The court in its order said it is unusual for inspectors to beat and torture the person who was an SP. Babul Akhtar appeared before the court many times seeking bail, but in this one year and four months, he never said anything like torture in police custody at the court. The court thinks that as an accused in the case he is trying to obstruct the case in a new way, said Chattogram Metropolitan Sessions Judge Court public prosecutor Md Fakhruddin Chowdhury. Read: Why Babul Akter should not be granted bail: HC Babul, who is now in jail in a case over the killing of her wife Mahmuda Khanam Mitu, lodged the complaint against the six PBI officers with the court on September 8. Advocate Habibur Rahman Labu, counsel of Babul, lodged the complaint against PBI chief Banaj Kumar Majumdar, Superintendent of PBI Chattogram , Nazmul Hasan, Naima Sultana, inspector (Khulshi) Santosh Kumar Chakma, inspector (DB CMP) AKM Mohiuddin Selim and Police Inspector Kazi Enayet Kabir. According to the complaint, PBI officials physically tortured Babul while he was put on remand and tried to kill him. On September 13, PBI pressed charges against Babul and six others in a case filed over the killing of his wife Mahmuda Khanam Mitu. On June 5, 2016, unidentified assailants gunned down Babul's wife Mitu at the port city's GEC intersection while she was going to drop her son Mahir Akhter, 7, for a bus of Chittagong Cantonment Public School and College. Soon after the crime, Babul filed a murder case at Panchlaish Police Station against three unidentified men. The case was transferred to the Police Bureau Investigation (PBI) in 2019 after Mitu's father, himself a retired police officer, filed a complaint against the CMP's mishandling of the case. Read: Mitu murder case: Babul Akter denied bail again On May 12, 2021, the PBI submitted its final report and arrested Babul Akter in another case filed by Mitu’s father and since then he has been in prison. Babul Akhter also filed a ‘naraji petition’ against the PBI report on October 14, 2021. On November 3 last year, a Chattogram Court rejected the final report of PBI in the murder case and ordered it to conduct further investigation. PBI in an investigation found Babul’s involvement in his wife's murder.
The government will extend the suspension of BNP Chairperson Khaleda Zia’s jail sentence in two corruption cases, if her family files petition, Law Minister Anisul Huq said today (September 10, 2022). The law minister said this while talking to reporters after attending a training programme of judges at Bangladesh Judicial Administration Training Institute in Dhaka. “If we receive any petition from Khaleda Zia’s family, the tenure of her conditional release will be definitely extended,” he said. Also read: Khaleda returns home from hospital Amid the Coronavirus outbreak, the government suspended Khaleda’s jail term for six months through an executive order on March 25, 2020. The government extended her conditional release in the two corruption cases several times. The former prime minister was sent to Old Dhaka Central Jail after she was sentenced to five years’ imprisonment by a special court in the Zia Orphanage Trust corruption case on February 8, 2018. She was convicted in a second corruption case later. Also read: Khaleda being deprived of due treatment: Fakhrul The 76-year-old BNP chief has been staying at her Gulshan residence since her release from jail. A special team of her personal physicians has been overseeing her treatment.
The Anti-Corruption Commission (ACC) on Monday filed a petition before the High Court seeking cancellation of the bail of expelled Jubo League leader Ismail Hossain Chowdhury Samrat in a graft case, granted by the lower court. The ACC submitted their plea to the HC bench concerned, said ACC counsel Khurshid Alam Khan. The petition will likely be heard by the bench of Justice Md Nazrul Islam Talukder and Justice Kazi Md Ejarul Haque Akondo on Tuesday. On May 11, a Dhaka court granted bail to Samrat in the graft case, paving the way for his release from judicial custody. Judge Al Asad Md Asifuzzaman of Dhaka Special Judge Court-6 passed the order on three conditions. Also read: Expelled JL leader Samrat gets bail in graft case The conditions include—Samrat will not be allowed to leave the country without permission of the court, to submit his passports and to submit his healthth reports on the designated date. Earlier, the same court turned down his bail plea in the corruption case, filed by the Anti-Corruption Commission (ACC), twice -- on April 28 and April 13. Samrat secured bail in a drugs case on April 11 and in an Arms Act case and a money laundering case on April 10. The expelled Jubo League leader has been undergoing treatment at Bangabandhu Sheikh Mujib Medical University (BSMMU) Hospital since November 24 last year. On October 6 in 2019, Rab detained Samrat and his associate Enamul Haque Arman from Chauddagram in Cumilla. Rab raided his Kakrail office later that day. Huge quantities of foreign liquor, pistols, and two hides of kangaroo were seized from his office. Also read: Samrat denied bail in graft case again He was later sentenced by a mobile court to six months in prison under the Wildlife Conservation Act. On October 7, Abdul Khaleque, deputy assistant director of Rab-1 lodged two complaints against Samrat at Ramna police station under the Arms and the Narcotics Act. Arman was also made an accused in the narcotics case. On November 4, Shekhar Chandra Mallik, a sub-inspector, submitted a chargesheet against Samrat in the Arms Act case. On November 12, ACC lodged a complaint against him for acquiring assets worth Tk 2.94 crore beyond his known sources of income. On September 12, 2020, Rashedur Rahman, sub-inspector of CID, registered a case against him at the Ramna police station for laundering Tk 195 crore to Malaysia and Singapore. Lastly, on November 26 last year, the investigating officer in the case, Jahangir Alam, submitted a chargesheet in the court.
The workers’ union of Grameen Telecom, a company owned by Nobel Laureate Dr Muhammad Yunus , filed a petition to the High Court on Monday seeking its liquidation. Mahmud Hasan Feroz, secretary of the ‘Grameen Telecom union of workers and employees’ filed the petition on behalf of the members. HC bench of Justice Muhammad Khurshid Alam Sarkar set April 3 to pass an order in this regard during hearing the petition, said Advocate M Yusuf Ali, petitioner’s lawyer. Lawyer Yusuf said, according to labour law workers are supposed to get 5 per cent of the organisation’s profit and Grameen Telecom owes more than 2.5 billion to its workers now. But the company has not paid it and appointed a lobbyist to avoid it forcing the workers to seek liquidation of the company, he said. Also read: HC stays labour law violation case against Dr Yunus for 6 months The petition also appealed to the High Court to appoint a liquidator for the company, he added. A section of workers has long been agitating against lay-offs from Grameen Telecom. In a notice signed by the company’s Managing Director Mohammad Ashraful Hasan a total of 99 workers were laid off at once without any prior conversation with the workers and employee’s union. The High Court summoned Dr Yunus in this regard after 28 of the discharged workers filed a petition against that notice. On April 4, 2021, the court directed the company to reappoint those workers. On September 12, last year, Labour Inspector Arifuzzaman of the Department of Inspection for Factories and Establishments filed a case with Dhaka third labour court against Dr Yunus and three others for violating labour laws. Also read: BFIU seeks Dr. Yunus’ bank account details Other accused in the case are Ashraful Hasan, Managing Director of Grameen Telecom, it's director Nurzahan Begum and Shahjahan. According to the case complaint, in an inspection visit to Grameen Telecom inspectors of the department found that 101 workers and staff who were supposed to be permanent were not made so. No participation fund and welfare fund was formed for them and five per cent of the company’s profit was not provided to the workers following the law. Upon the complaint a criminal case was filed under section 4,7,8, 117, 234 of the Labour Act. On October 12, the labour court granted bail to the all four accused. Later on December 7, Dr Yunus filed a petition with the High Court seeking dropping of the case.
The Appellate Division on Monday asked photographer Shahidul Alam to submit a regular petition to challenge the High Court’s rejection of his earlier appeal to strike down a case he faces under the ICT Act. The Apex court led by Chief Justice Hasan Foez Siddique passed the order during a hearing on the petition filed by Shahidul against the High Court’s order. The appeals court asked Shahidul, founder of Drik Gallery, to submit the petition within four weeks. READ: Shahidul Alam moves HC challenging legality of his case On December 14,last year, the High Court bench of Justice JBM Hasan and Rajik Al Jalil rejected the writ filed by the photographer challenging the legality of the case and sought a stay on the trial proceedings of the case. After that the public prosecutor said there is no legal bar to precede the investigation in the case. On August 12 in 2018 the court directed to send Shahidul to jail over a case filed against him with Ramna Police Station for 'spreading propaganda' through Facebook during the student movement seeking safe roads. READ: Finally, Shahidul Alam walks out of jail He was freed from jail on November 20, two days after the HC granted him bail. On March 14 in 2019 the HC stayed the investigation into the case for three months and issued a rule questioning the legality of the investigation in the case which the court rejected later on December 14.
The High Court (HC) on Wednesday fined Aziz Co-operative Commerce and Finance Credit Society Limited Tk 10 lakh, for wasting the HC’s time by not operating a writ petition after filing it.