The Appellate Division of the Supreme Court on Monday upheld the High Court (HC) order to grant bail to former trustee of North South University (NSU) Mohammad Shahjahan in a graft case lodged last year. A three member justice bench led by Chief Justice Hasan Foez Siddique passed the order after hearing, said the accused’s counsel Barrister Sayeed Ahmed Raja. He said now there is no legal barrier to walk out of jail for his client after the Appellate Division upheld the HC order. Anti-Corruption Commissioner (ACC) lawyer Khurshid Alam Khan represented the state in the hearing. On May 5 last year, ACC Deputy Director Md Farid Ahmed filed a case accusing six people including Shahjahan for swindling Tk 3030.82 crore in the name of purchasing land for NSU. REad: Nayapaltan clash: BNP’s Salam, Annie get 6-month interim bail The other accused are - NSU trustee board chairman Azim Uddin Ahmed, members- Benajir Ahmed, MA Kashem, Rehana Rahman, Ashaloy Housing and Developers Amin managing director Md Hilaly, its chairman Omar Faruk and directors- Anwara Begum and Syed AK Haque. On May 22, the High Court rejected an advanced bail of four out of the six accused and handed them over to the police. December 14, the HC granted bail to Shahjahan on two conditions—not to leave the country and go to the university campus without permission. Later, the ACC moved the Appellate Division to stay the HC order. The chamber judge stayed the HC order and sent it to a regular bench of the Appellate Division for hearing. As per the schedule, the Appellate Division granted the bail rejecting the petition filed by the ACC on Monday. According to the Private University Act, 2010, the board of trustees is the highest governing body of a private university like NSU. According to the Memorandum of Association and Articles (Rules and Regulations) of the University, the university is a charitable, welfare oriented, non-commercial and non-profit educational institution. The case stated that over 9,088 decimal land was bought in the name of campus development of NSU through the consent of some members of the board of trustees bypassing the approval of the university syndicate, the University Grants Commission, and the Ministry of Education. The accused later withdrew cash from the buyer through cheques in their own names and kept FDR in their own names. Later, they themselves embezzled the FDR money.
The Appellate Division of the Supreme Court on Sunday (January 15, 2023) upheld the High Court order granting bail to Sonia Akter Smrity, a Mahila Dal leader of Rajbari, in a case filed over posting "offensive" content on Facebook against Prime Minister Sheikh Hasina. A four-member bench of the Appellate Division led by Chief Justice Hasan Foyez Siddiqui passed the order withdrawing the stay order of the Chamber Court. Senior Advocate AJ Mohammad Ali, Barrister Kayser Kamal and Barrister Ruhul Quddus Kazal appeared in the court for Smriti. Additional Attorney General Sheikh Mohammad Morshed represented the state. Read more: Defaming PM: Chamber Judge stays bail to Rajbari Mahila Dal leader Now there is no bar to the release of the Mahila Dal leader, Barrister Kayser Kamal said. Smrity, wife of Md Khokon Mia of No 3 Beradanga area of Rajbari Sadar, is a member of Jatiyatabadi Mahila Dal’s Rajbari district unit. On November 2 last year, Chamber Judge of the Appellate Division, M Enayetur Rahim, stayed the bail order granted by the High Court till November 7. The High Court granted interim bail to Smrity in the case on November 1. Read more: Rajbari Mohila Dal member arrested under DSA for 'comment on PM' Police arrested Smrity on October 4 in a case filed under the Digital Security Act (DSA) for posting offensive status on Prime Minister Sheikh Hasina on Facebook. Arefin Chowdhury, member secretary of Rajbari district Bangabandhu Sangskritik Jote, lodged an FIR against her. On October 5, Judge Kaisun Nahar Surma of Rajbari No 1 Judicial Magistrate Court rejected Smrity’s bail plea and ordered to send her to jail. On October 26, Rajbari Sessions Judge Court also denied bail to Smrity which prompted her to seek bail from the HC. Read More: Fardin's death: Bushra finally granted bail In her bail plea, Smrity requested the HC to consider her as a woman and a mother of two children. According to the FIR, the accused BNP activist made "insulting remarks" about PM Sheikh Hasina, also president of the ruling Awami League, from her personal Facebook account in two separate statuses on August 31 and September 28.
The Appellate Division of the Supreme Court on Tuesday stayed the HC order granting bail to BNP’s joint secretary general Aslam Chowdhury in a case filed for his alleged involvement in an anti-state plot. Chamber Judge of the Appellate Division Justice Jahangir Hossain passed the order. The court also fixed January 30 for hearing the petition in the regular bench of the Appellate Division. Read more: Order cancelling Samrat's bail upheld by Appellate Division Deputy Attorney General Sarwar Hossain Bappi represented the state while Advocate Aminul Islam stood for the BNP leader. On January 5, the High Court granted bail to Aslam in the case. Later, the state counsel filed an appeal petition challenging the High Court order. Police arrested Aslam from the capital on May 15, 2016. Later sedition charges were brought against him for his alleged involvement in an anti-state plot on May 25 that year. A case was filed in this connection. Several local newspapers published reports attaching more than one photographs of the BNP leader’s meeting with Israeli influential leader Mendi N Safadi. But, Aslam denied any conspiracy against the government although he admitted to meeting Safadi in a tea party in India. Read more: HC grants bail to ex-LGRD minister’s APS in money laundering case
The Appellate Division on Monday upheld the High Court order that stayed the trial proceedings against Dhallywood actress Pori Moni in a case filed under the Narcotics Control Act. A three-member bench of the Appellate Division led by Appeal Division Judge Justice Md Nuruzzaman passed the order following the state’s appeal against the HC order. The court also ordered disposing of the HC rule over charge framing against Pori Moni in six months. Read more: SC clears way to continue trial against Pori Moni Advocate ZI Khan Panna and Advocate Shah Monjurul Hoque appeared for Pori Moni in the court today. Advocate Monjurul said the trial proceeding of the case will remain suspended for six months and the HC rule should be disposed of by this period. Otherwise, the trial court may start the trial proceeding of the case after this period, he added. On March 1 last year, High Court stayed the trial proceeding of the case for three months. It also issued a rule asking the government to explain as to why the order of charge framing against Pori Moni should not be revoked. Judge of Dhaka Special Judge of Court-10 Md Nazrul Islam indicted Pori Moni and two others in the case on January 5 last year. On January 30, Pori Moni appealed before the High Court for quashing the case and subsequent indictment by the trial court. Read more: Drug case against Pori Moni: HC stays trial proceedings for 3 months On November 15 2021, Dhaka Metropolitan Sessions Judge KM Emrul Kayesh took into cognizance the charges framed by police against the accused. On October 4, the Criminal Investigation Department (CID) submitted a charge sheet against them. Pori Moni was arrested on August 4, following a raid by RAB on her Banani residence. A case was filed against her under the Narcotics Control Act the following day. On August 31, 2021, a Dhaka court granted bail to Pori Moni in the narcotics case. She had walked out of jail the following day.
The Appellate Division this morning (January 08, 2023) upheld the High Court order granting bail to BNP leaders Mirza Fakhrul Islam Alamgir and Mirza Abbas in a case filed over the clash between police and the party activists at Nayapaltan on December 7 last year. A four-member bench of the Appellate Division led by Chief Justice Hasan Foyez Siddiqui passed the order disposing of the state’s petition challenging the HC order. The court also ordered to dispose of the High Court rule on a maintenance ground. Read more: State files petition challenging HC bail to Fakhrul, Abbas On January 4, Chamber Judge of the Appellate Division Justice Jahangir Hossain fixed today (Sunday) for the hearing of the petition at the full-bench of the Appellate Division. The petition was filed on the same day with the Appellate Division of the Supreme Court seeking stay on the High Court order granting bail to the two BNP leaders in the case. The High Court granted six months' bail to Mirza Fakhrul and Mirza Abbas, in the case on January 3. The HC also issued a rule asking the government to explain why the two BNP leaders should not be granted permanent bail. Read more: Nayapaltan clash: Fakhrul, Abbas get 6-month HC bail On December 21 last year, Dhaka Metropolitan Session Judge Asaduzzaman rejected the BNP leaders’ bail petitions for the fourth time. 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. Later, they were shown arrested in a case over the clash between police and the party activists in the capital’s Nayapaltan. A Dhaka court sent them to jail rejecting their bail pleas. Read More: With or without BNP, election to be held on time: Razzaque
The Appellate Division on Wednesday upheld the verdict of a lower court that barred GM Quader from performing his duties as the Chairman of Jatiya Party (JaPa) on Wednesday. A three-member bench led by Chief Justice Hasan Foyez Siddiqui passed the order. Besides, 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. During the hearing, Sheikh Mohammad Sirajul Islam stood for GM Quader, while Sayed Ahmed Raja represented petitioner Ziaul Haque Mridha. “The Appellate Division order bars Quader from performing activities as JaPa Ccief. Now we need to conduct a hearing on the petition filed against him by Mridha,” said Sirajul. Earlier on Monday, the Appellate Division fixed December 13 (Tuesday) for delivering its judgment on the temporary embargo on the political activities of Jatiya Party Chairman GM Quader. Read: Verdict on ban on GM Quader’s party activities tomorrow On November 30, 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, 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, Dhaka Joint District Sessions Judge court-1 issued a temporary embargo on the political activities of GM Quader. On October 6, several lawyers including Sheikh Sirajul Islam and Kalim Ullah Majumdar stood for GM Quader with a petition to withdraw the ban on his political activities at the court. In the petition, the lawyers also urged the court to lift the embargo to play his role as Chairman as per the constitution of the party that was dismissed by the same court on November 16. Later, Quader filed a revision petition with the HC challenging the lower court order. According to the case statement, the party’s founder HM Ershad died on September 14, 2019. 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. Read: GM Quader cannot perform duties as JaPa Chairman, Chamber Judge stays HC order Later, Quader as party chairman fired several leaders including Ranga, Gazipur metropolitan unit’s advisor Ataur Rahman Sarkar and Organising Secretary Sabur Sikdar, among others, by exercising his power as per the constitution of the party. Besides, Ranga was also removed from the post of presidium member of the party on September 14 and Advocate Ziaul Hoque Mridha from the party on September 17. In the case, orders were sought to declare all removals from December 28, 2019, to September 17, 2022 and council as illegal while the next council of the party to keep stayed unless the HC writ petition is disposed of.
Three judges of the High Court have been appointed as judges to the Appellate Division of the Supreme Court on Thursday, raising the number of total judges in the Appellate Division to nine. The newly appointed judges are Justice Md Ashfaqul Islam, Justice Md Abu Zafor Siddique and Justice Md Jahangir Hossain. Read more: 3 new Appellate Division Judges take oath The Law, Justice and Parliamentary Affairs Ministry issued a gazette notification in this regard on Thursday after President Abdul Hamid appointed them. The appointment of the judges will come into effect once they take oath. Currently, there are six judges in the Appellate Division, and Chief Justice Hasan Foez Siddique administered their oath at 4:00 pm on Thursday.
Appellate Division stays HC order barring banks, financial institutions to file cheque dishonour case
The Appellate Division on Thursday stayed the High Court order that barred banks and financial institutions from filing any case against any person over cheque dishonor. A five-member bench of the Appellate Division led by Chief Justice Hasan Foyez Siddiqui passed the order following a petition filed by Brac Bank. The Appellate Division stayed the HC order for two months. On November 23, HC ordered that banks and financial institutions will not be allowed to file any case against any person over cheque dishonor. Read more: Arresting govt employees: Appellate Division clears way for regular appeal against HC verdict At the same time, the court ordered stopping the proceedings of all check dishonor cases pending in the trial court. However, a case can be filed in the Money Loan Court only under the Money Loan Act of 2003 for loan recovery, the HC said. HC also instructed the lower courts to dismiss of the cheque dishonour cases filed by any banks or financial institutions and send those to the Money Loan court. Brac Bank authorities filed a petition with the Appellate Division seeking stay on the HC order. On November 28, Chamber Judge of the Appellate Division M Enayetur Rahim sent the petition for hearing in the full bench without staying the HC order. On June 20 in 2016, Mohammad Ali, a small businessman of Brahmanbaria, was sentenced to six-month imprisonment and fined Tk 2.95 lakh in a cheque dishonour case. On July 27 in 2015, Brac Bank filed the cheque dishonour case against Mohammad Ali. Read more: Wrongful imprisonment: Appellate Division orders Brac Bank to compensate Jaha Alam Ali appealed to the HC against the judgment. The HC relieved him of the imprisonment and ordered him to pay back 50 percent of the loan within the next 10 days, said his counsel Advocate Abdullah Al Baki.
The Appellate Division of the Supreme Court on Monday upheld the High Court order granting bail to ex-NSU trustee board member MA Kashem in a graft case. A five-member bench of the Appellate Division led by Chief Justice Hasan Foyez Siddiqui passed the order rejecting the Anti-Corruption Commission's (ACC) plea to cancel his bail. With this order, now there is no bar for MA Kashem to walk out of the jail, said ACC lawyer Advocate Khurshid Alam Khan. Read more: HC order granting bail to ex-NSU trustee MA Kashem stayed by SC Advocates Murad Reza, Shah Manjurul Haque and Barrister Syed Ahmed Raza appeared for the accused at the court. On November 13, Chamber Judge of the Appellate Division stayed the HC order granting bail to MA Kashem and upheld that of another ex-trustee Rehana Rahman in the case. The High Court (HC) on November 10 granted conditional bail to Kashem and Rehana in the case. They were granted bail on condition that they will not leave the country and enter the the NSU campus without permission. In August, the HC issued a rule seeking explanation as to why the two NSU trustee board members should not be granted bail in this case. On May 22, the court ordered Shahbagh police to arrest four ex-NSU trustees after rejecting their anticipatory bail pleas in the case. The two other accused trustees are- Benazir Ahmed and Muhammad Shahjahan. On May 5, the ACC sued the chairman of the board of trustees of North South University (NSU) Azim Uddin Ahmed and five others for embezzling Tk 303.82 crore in the name of buying land for the campus. Read more: HC grants conditional bail to 2 ex-NSU trustees Another accused is- Managing director of Ashalaya Housing and Developers Limited Amin Mohamed Hilali. ACC's Deputy Director Farid Ahmed Patwar filed the case. The case states that over 9088 decimal land was bought in the name of permanent campus development of NSU with the consent of some members of the Board of Trustees bypassing the approval of the University Syndicate, University Grants Commission and the Ministry of Education. They later withdrew cash from the buyer through cash checks in their own names and kept FDR in their own names. They unjustly benefited themselves by committing illegal activities through misuse of power and embezzling university and government funds, according to the case. In carrying out such illegal activities, they committed a punishable offence by resorting to fraud and forgery and exchanging commissions.
The Appellate Division of the Supreme Court (SC) on Sunday accepted a leave-to-appeal filed by the State side seeking halt to a High Court (HC) verdict that cancelled the provision of taking prior permission before arresting government employees. The decision means now the Attorney General’s office would be eligible to file the plea against the High Court. The Appellate Division also said in its order that the High Court verdict will remain ineffective until the appeal is resolved. Read more: HC questions provision of prior permission for arresting govt employee A five-member bench of the Appellate Division led by Chief Justice Hasan Foyez Siddiqui gave the order on Sunday. During the proceedings, Attorney General AM Amin Uddin stood for the State while Monzil Morshed represented the petitioner. On August 25, 2022, the HC cancelled the provision to seek prior permission before arresting a government employee, terming Clause 41(1) of the Public Service Act, 2018 illegal, anti-constitutional and against the basic rights of a person. On September 1, the Appellate Division stayed the HC verdict following a petition by the State side and asked it to file a leave-to-appeal seeking clearance for filing a regular appeal before the Supreme Court. Clause 41(1) of the Public Service Act, 2018 says that prior permission has to be taken from the government or recruiting authority while arresting government employees before the court accepts charges in criminal cases filed on complaints regarding the employees’ roles or duties. Read more: HC seeks explanation over permission before arresting govt employees Challenging this provision, Supreme Court lawyers Sarwar Ahad Chowdhury, Eklas Uddin Bhuiyan and Mahbubul Islam filed a petition on behalf of Human Rights and Peace for Bangladesh. After conducting a hearing on this petition, the HC bench of Justice Moinul Islam Chowdhury and Justice Khondker Diliruzzaman issued a rule asking why Clause 41(1) of the Public Service Act won’t be declared illegal and against Sections 26(1)(2), 27 and 31 of the Bangladesh constitution. Later, the HC pronounced a verdict in favor of the rule, against which the Appellate Division accepted a leave-to-appeal today.