Appellate Division
2 justices sworn in as Appellate Division judges
Two High Court justices were sworn in as judges of the Appellate Division on Tuesday.
Chief Justice Dr Syed Refaat Ahmed administered the oath-taking ceremony at the Judges' Lounge of the Supreme Court at 10:30 am.
The newly appointed judges are Justice AKM Asaduzzaman and Justice Farah Mahbub, whose tenure began immediately after the oath.
HC Justice Khizir Hayat removed
The Ministry of Law issued a notification in this regard on Monday following the President’s approval.
22 days ago
Primary school headmasters to get 2nd-class gazetted officer status: SC
The Appellate Division on Thursday ordered the authorities concerned to take steps to ensure that the headmasters of government primary schools across the country get the status of second-class gazetted officers in the 10th grade.The court ordered the authorities to ensure that approximately 30,000 headmasters get the same status and benefits as second-class gazetted officers from March 9, 2014.
Cancellation of pry teachers’ recruitment: SC to hear the appeal petition MondayA 4-bench of the Appellate division led by Chief Justice Syed Refaat Ahmed, passed the order.Senior lawyer Barrister Salah Uddin Dolon, representing the teachers, said that the benefits will be applicable from the date of the initial announcement in 2014.The move follows years of legal battles.
In 2018, 45 headmasters, including the president of the Bangladesh Government Primary School Headmaster Association, Riaz Parvez, filed a writ in the High Court, seeking the implementation of the 2014 government announcement.
On 9th March 2014, then prime minister Sheikh Hasina declared that headmasters of government primary schools would be upgraded to second-class status.
No one can use ‘Doctor’ before name without MBBS, BDS degree: HC
However, the Ministry of Primary and Mass Education later set the 11th grade for trained headmasters and the 12th grade for untrained ones, instead of the promised 10th grade.After the writ petition, the High Court issued a rule, and in February 2019, it ordered that headmasters (both trained and untrained) be promoted to the 10th grade.
Barrister Dolon said that although the position of headmaster was initially classified as second-class, the pay scale did not match this status, with trained headmasters placed in the 11th grade and untrained ones in the 12th.
This discrepancy was deemed unjust, as all other second-class employees were placed in the 10th grade.
1 month ago
Tarique Rahman, Mamun acquitted in money laundering case
The Appellate Division on Thursday acquitted BNP Acting Chairman Tarique Rahman and businessman Giasuddin Al Mamun in a money laundering case.
A four-member tribunal headed by Chief Justice Dr Syed Refaat Ahmed passed the order, said the defendants’ lawyer, Advocate Md Maksud Ullah.
Earlier, on Tuesday, the court set March 6 for delivering the verdict after concluding the hearing on the appeal against their conviction.
On December 10 last year, the Appellate Division granted leave to appeal in the case following a petition by Mamun.
The Anti-Corruption Commission (ACC) filed the case on October 26, 2009, with Cantonment Police Station in Dhaka, accusing Mamun of laundering Tk 20.41 crore to Singapore.
According to the case statement, Mamun received the amount from Khadija Islam, chairman of Nirman Construction Company Ltd, in exchange for awarding the contract for an 80MW power plant in Tongi.
SC stays 7 year jail sentence of Tarique in money laundering case
The money was transferred to a Citibank NA account in Singapore under Mamun’s name.
On July 6, 2010, the ACC submitted a charge sheet against Tarique Rahman and Giasuddin Al Mamun.
The court framed charges against them on August 8, 2011.
During the trial, testimonies from 13 witnesses, including FBI agent Debra Laprovette, were recorded.
On November 17, 2013, Dhaka Special Judge’s Court-3 acquitted Tarique Rahman but sentenced Mamun to seven years in jail with a Tk 40 crore fine.
Following the verdict, the ACC filed an appeal on December 5, 2013, against Tarique Rahman’s acquittal.
The High Court accepted the appeal for hearing on January 19, 2014.
After hearing both appeals, the High Court on July 21, 2016, sentenced Tarique Rahman to seven years in jail and fined him Tk 20 crore while upholding Mamun’s conviction.
Gias Uddin Al Mamun acquitted in money laundering case
Mamun later challenged the High Court verdict in the Appellate Division.
1 month ago
Zia Charitable Trust case: SC upholds HC order acquitting Khaleda
The Appellate Division on Monday upheld the High Court order that acquitted BNP Chairperson Khaleda Zia scrapping her seven-year jail term in Zia Charitable Trust graft case.
A three-member tribunal led by Senior Justice Md Ashfaqul Islam passed the order.
Earlier on February 23, the prosecution and the Anti-Corruption Commission submitted separate petitions challenging the acquittal of Khaleda Zia in the case.
Zia Charitable case: SC defers appeal hearing to Monday
Then the court set March 2 for hearing and on Sunday the date was deferred to March 3.
On November 27 last, the High Court acquitted BNP Chairperson Khaleda Zia and two others in the Zia Charitable Trust case.
The HC also scrapped the lower verdict that sentenced Khaleda and two others in the same case.
Two others who got acquittal were Ziaul Islam Munna, assistant private secretary to Harris Chowdhury, ex-political secretary of then prime minister Khaleda Zia, and Monirul Islam Khan, APS to former Dhaka city mayor Sadeque Hossain Khoka.
On November 20, the hearing on the appeal petition filed challenging the judgement in the case started while permission was given on November 3 for preparing the paper book of the case.
On October 29, 2018, Judge Md Akhtaruzzaman of the Special Court-5 sentenced BNP chairperson Khaleda Zia and three others to seven years’ rigorous imprisonment each in the much-talked-about Zia Charitable Trust corruption case.
The court also fined them Tk 10 lakh each, in default, to suffer six months more in jail.
Khaleda Zia, 7 others acquitted in Niko graft case
On August 8, 2011, the ACC filed the Zia Charitable Trust graft case with Tejgaon Police Station accusing four people, including Khaleda Zia, of abusing power in raising funds for the trust from unknown sources.
In 2012, the Anti-Corruption Commission (ACC) submitted chargesheet against them.
1 month ago
Apex court defers hearing of caretaker government review petitions for 2 weeks
The Appellate Division has deferred the hearing on four petitions, seeking a review of its verdict that scrapped the caretaker government system, for two weeks.
A three-member bench, headed by Acting Chief Justice M Ashfaqul Islam, passed the order on Tuesday.
Currently, Chief Justice Dr Syed Refaat Ahmed is out of the country.
Senior lawyers Joynul Abedin, Sharif Bhuiyan and Shishir Monir stood for the petitioners while Attorney General Md Asaduzzaman represented the state during the hearing in the court.
The caretaker government system was introduced in 1996. In 1998, a writ petition was submitted with the High Court (HC) challenging its validity.
Jamaat files review petition to reinstate caretaker government
The HC dismissed the writ on 4 August 2004, upholding the system's constitutionality.
Following this, the writ petitioners appealed in 2005. On May 10, 2011, the Appellate Division declared the Thirteenth Amendment unconstitutional.
The caretaker government system was formally abolished through the Fifteenth Amendment, passed in Parliament on 30 June 2011, and gazetted on 3 July that year.
BNP wants to reinstate caretaker government system for elections: Tarique
Following the fall of the Awami League government on August 5, five people, including secretary to Shushashoner Jonno Nagorik (SHUJON) Badiul Alam Majumdar, submitted a petition seeking a review of the verdict.
Besides, BNP Secretary General Mirza Fakhrul Islam Alamgir filed a separate petition on 16 October, while secretary general to Jamaat-e-Islami Mia Golam Parwar, submitted another on 23 October.
2 months ago
Appellate Division defers 13th Amendment review hearing to Feb 9
The Appellate Division has deferred the scheduled hearing of a review petition filed challenging the cancellation of the 13th Amendment to the Constitution, which introduced the caretaker government system, to February 9 next.
A six-member bench of the court, led by Senior Justice Md Ashfaqul Islam, set the date on Sunday after accepting a petition filed by BNP seeking time.
Senior lawyer advocate Zainul Abedin and Ruhul Quddus Kazal stood for the BNP in the court.
Earlier, on December 1 last year, a six-member bench, led by Chief Justice Dr Syed Reefat Ahmed, set January 19 for hearing the petitions.
On October 16 last, BNP Secretary General Mirza Fakhrul Islam filed a review petition against the annulment of the caretaker government system (13th Amendment) before the Appellate Division.
Earlier, another review petition was submitted to the apex court by the general secretary of Sushashoner Jonno Nagorik (Sujon) Dr Badiul Alam Majumdar.
Bangladesh Jamaat-e-Islami Secretary General Prof Miah Golam Parwar filed a petition regarding the same issue.
The court later decided to hear all the petitions.
Read: Jamaat files review petition to reinstate caretaker government
The 13th Amendment to the constitution incorporating the caretaker government system was adopted by the parliament in 1996.
Three lawyers led by M Salim Ullah filed a writ with the High Court challenging the legality of the amendment.
The Appellate Division on May 10, 2011 delivered a judgment scrapping the 13th Amendment to the Constitution.
After the judgment, the Jatiya Sangsad on June 30, 2011 passed the 15th amendment upholding the annulment of the caretaker system with some ratification.
A gazette notification was also published in this regard on July 3 in that year.
Read more: BNP wants to reinstate caretaker government system for elections: Tarique
Besides, a high court division bench comprising Justice Farah Mahbub and Justice Debashish Ray Chowdhury on December 17 gave a judgment scrapping the 15th amendment mentioning that the Sections 20 and 21 of the 15th amendment are contrary to the constitution.
2 months ago
Zia Orphanage graft case: Judgment on Khaleda's appeal Wednesday
The verdict on BNP Chairperson Khaleda Zia's appeal in the Zia Orphanage Trust graft case will be delivered on Wednesday.
The Appellate Division concluded the hearing on the appeals of Khaleda and two others against their conviction in the Zia Orphanage Trust graft case on Tuesday.
After four days of hearing, a five-member bench of the Appellate Division led by Chief Justice Syed Refaat Ahmed fixed Wednesday to pronounce the judgment.
The hearing on the appeals began on January 7, with the court addressing the separate appeals of Khaleda Zia, Sharafuddin Ahmed, and Kazi Salimul Haque Kamal.
63 lawyers get bail in case filed over Chinmoy issue
Senior lawyers Joynul Abedin, Mahbub Uddin Khokon, M Badaruddin Badal, and Kaiser Kamal ,among others, represented Khaleda Zia during the hearing.
Barrister Mohammad Ruhul Quddus Kajal appeared on behalf of Khaleda and Sharafuddin Ahmed, while senior lawyer SM Shahjahan represented Kazi Salimul Haque Kamal.
Additional Attorney General Mohammad Arshadur Rauf and Aneekk R Haque represented the state while lawyer Asif Hasan represented the Anti-Corruption Commission (ACC).
Khaleda, also a former prime minister, filed the leave to appeal petitions with the Appellate Division on March 14, 2019 through his lawyer challenging the HC verdict.
Khaleda Zia was initially imprisoned on 8 February 2018, when a special court in Dhaka sentenced her to five years in prison for her involvement in the Zia Orphanage Trust graft incident.
Later, in response to an appeal by the Anti-Corruption Commission (ACC), the High Court on October 30 of the same year, raised her jail term to 10 years.
Appellate Division upholds HC's dismissal of 5 labour cases against Dr Yunus
The graft case
The Zia Orphanage Trust graft case was filed by the Anti-Corruption Commission in July 2008, accusing Khaleda of misappropriating over Tk2.10 crore that was received as grants for orphans via a foreign bank.
In August 2011, the ACC filed the Zia Charitable Trust graft case with Tejgaon Police Station accusing Khaleda and three others of raising funds for the trust from unknown sources and abusing power.
Amid the coronavirus outbreak, the government temporarily freed Khaleda Zia from jail through an executive order by suspending her sentence on 25 March 2020, with the condition that she would stay at her Gulshan house and not leave the country.
Clash on Ijtema ground: 21 including Saad’s follower get anticipatory bail
Since then, her release term was extended every six months following the family's pleas.
On August 6 last year, Khaleda Zia was completely freed by an order of President Mohammed Shahabuddin.
The President passed the order under Article 49 of the Bangladesh Constitution, according to a gazette issued by the home ministry on August 6, last year.
3 months ago
SC sets Jan 23 for hearing ATM Azhar’s review petition
The Appellate Division on Thursday set January 23 for hearing a review petition submitted by death-row convict and Jamaat-e-Islami leader ATM Azharul Islam in connection with crimes against humanity during the 1971 Liberation War.
A five-member bench, led by Chief Justice Dr Syed Refaat Ahmed, fixed the date after senior lawyer Barrister Abdur Razzak, accompanied by others, submitted the review petition on behalf of the Jamaat leader.
Following his arrest, ATM Azhar faced nine charges of crimes against humanity.
According to the chargesheet, he was ‘responsible’ for killing 1,256 people, abducting 17, and raping 13 women during the Liberation War in the Rangpur region. Besides, he was said to have tortured civilians, set fire to hundreds of houses, and committed other atrocities.
The International Crimes Tribunal sentenced him to death on December 30, 2014, in five out of the nine charges.
Read: CJ opens ICT building to try July-Aug mass killings
On January 28, 2015, the death-row convict submitted a petition to the Appellate Division, claiming his innocence.
Later, on July 19, 2020, Azharul Islam filed the review petition with the relevant branch of the Appellate Division.
Following an appeal hearing, the Appellate Division, under a bench led by then-Chief Justice Syed Mahmud, upheld the death penalty in a verdict delivered on October 23, 2019.
Read more: ICT issues arrest warrants against Sheikh Hasina, 10 others
The full text of the Appellate Division’s verdict was released on March 15, 2020, after which ATM Azhar submitted the review petition.
3 months ago
Petition seeks stay on HC order declaring Joy Bangla as national slogan
A petition was filed with the Appellate Division on Monday seeking a stay on the High Court order for declaring ‘Joy Bangla’ as national slogan.
Additional Attorney General Barrister Anik R Haq said the state filed the petition against the High Court (HC).
He said the Appellate Division will hold a hearing on the petition on Sunday next.
In 2020, an HC bench of Justice FRM Nazmul Ahasan and Justice K.M. Kamrul Kader passed the order.
While issuing the order, the court had said Joy Bangla is the slogan the nation’s solidarity and favourite slogan of the Father of the Nation Bangabandhu Sheikh Mujibur Rahman.
Read: Writ petition seeks cancellation of power deals with Adani Group
4 months ago
Bangladesh’s top court stays HC order declaring Aug 15 as National Mourning Day
The Appellate Division on Sunday stayed a High Court (HC) order that declared August 15 as a national holiday in observance of National Mourning Day in 2008.
A six-member bench, headed by Chief Justice Syed Refaat Ahmed, passed the order after hearing an appeal submitted challenging the HC order, said Additional Attorney General Barrister Anik R Haq.
The state submitted the appeal against the HC order, he said.
In 1996, the then Awami League (AL) government declared August 15, the day of the assassination of Sheikh Mujibur Rahman and some of his family members, as a national mourning day and a public holiday.
Read: Observance of March 7, Aug 15, 6 other national days to be cancelled
However, the four-party alliance government, led by the BNP, scrapped the national mourning day and holiday in 2002.
In 2008, AL-backed three lawyers filed a writ petition with the HC, and the court declared the BNP-led government's decision invalid, restoring the observance of National Mourning Day and the public holiday.
The appeal was filed with the HC seeking a stay order on the observance of August 15 and the public holiday.
4 months ago