HC
HC orders Bagerhat municipal mayor to surrender
The High Court has ordered Bagerhat municipality mayor Khan Habibur Rahman to surrender within three weeks in a corruption case.
The HC bench of Justice Md Nazrul Islam Talukdar and Justice Md Mostafizur Rahman rejected his anticipatory bail and passed the order on Monday.
Deputy Attorney General AKM Amin Uddin Manik said the High Court didn’t grant him anticipatory bail rather asked to surrender within three weeks.
READ: Pori Moni appeals to HC for quashing charges under narcotic case
The Anti-Corruption Commission (ACC) on November 25 last year filed two separate cases against Bagerhat municipality mayor Khan Habibur Rahman for embezzling government money for project and illegally appointing employees.
According to the sources, a case was filed accusing 18 people of Bagerhat municipality including the mayor, for illegally appointing 17 people and embezzling Tk 1.26 crore from the government treasury.
READ: Abrar murder case: HC accepts 17death-row convicts' appeals for hearing
Another case was filed against the mayor Khan Habibur Rahman and former secretary of Bagerhat municipality Mohammad Rezaul Karim for embezzling Tk 1 crore instead of constructing a complex building of Abahani Club and a Diabetic Hospital complex building in Bagerhat.
Ex-OC Pradeep appeals to HC challenging indictment order in graft case
Pradeep Kumar Das, former OC of Teknaf Police Station, has filed a petition in the High Court seeking the cancellation of an indictment order in a case over acquiring wealth illegally.
Advocate Masud Alam filed the petition on behalf of OC Pradeep, confirmed Anti-Corruption Commission (ACC) lawyer Khurshid Alam Khan on Sunday.
The petition also sought the suspension of the judicial proceedings of the case.
On December 15 last year, a Chattogram court indicted Pradeep in this case.
Also read: Court indicts ex-OC Pradeep in a graft case
Earlier on September 1, the court accepted a charge sheet in the graft case against the sacked OC and his wife Chumki.
ACC Chittagong Assistant Director Md Riaz Uddin submitted the charge sheet on July 26.
However, Chumki has been absconding since Pradeep's arrest.
On August 23 in 2020 ACC filed the case against Pradeep, now in jail and undergoing trial in Major (retd) Sinha murder case, and his wife for amassing wealth worth Tk 4 crore.
ACC sources said the anti-graft watchdog’s investigation against Pradeep started in 2018.
On April 20 last year, Pradeep and his wife were asked to submit their wealth statement and they submitted their wealth statements in June that year.
Also read: Ex-OC Pradeep denied bail again in ACC case
After a long investigation, the ACC found evidence that the couple acquired assets worth more than Tk 4 crore illegally.
On July 31 in 2020, Sinha was shot dead at the Shamlapur police check-post in Baharchhara Union of Cox's Bazar while returning to town after filming for a documentary.
On August 5, Sinha's sister, Sharmin Shahriar Ferdous, filed a case with Teknaf Senior Judicial Magistrate Court accusing nine members of law enforcement agencies of being involved in the killing, including Pradeep Kumar Das and Baharchhara police outpost inspector Liakat Ali.
On December 13, 2020, Rapid Action Battalion (Rab) submitted a charge sheet against 15 people, including police source Ayaz and three APBn members, in connection with the case filed over Sinha's murder at a checkpost manned by APBn, where officers of the Teknaf police station intercepted Sinha's car.
Pori Moni appeals to HC for quashing charges under narcotic case
Dhallywood actress Pori Moni on Sunday appealed to the High Court for quashing the case filed against her under the Narcotics Control Act and subsequent indictment by the trial court.
The appeal was submitted according to section 561, A of Criminal Procedure Code, 1898 on saving the inherent power of High Court Division, Pori Moni’s lawyer ZI Khan Panna to UNB.
On January 5, Dhaka Special Judge of Court-10, Md Nazrul Islam indicted Pori Moni and two others in the case filed under the Narcotics Control Act.
The court fixed February 1 as the next date for hearing the testimonies of witnesses.
Also read: Spl court frames charges against Pori Moni, 2 others in narcotics case
On January 2, the same court set January 5 for hearing arguments on whether to press charges against the trio in the case.
Pori Moni and two others are currently out on bail in the case.
On November 15 last year, 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 Pori Moni and the two others in the case.
CID inspector and also the investigation officer in the case, Kazi Mostafa Kamal submitted the charge sheet to the Dhaka Chief Metropolitan Magistrate's Court.
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.
Also read: Pori Moni-Raaz announces pregnancy
On August 22, she was remanded in judicial custody again after she was produced before a court on the completion of a day's police remand, her third.
On August 31, 2021, a Dhaka court granted bail to Pori Moni in the narcotics case until the submission of the charge sheet. She had walked out of jail the following day.
HC orders to audit Evaly's assets by a reputed firm
The High Court on Tuesday directed to audit the assets of the e-commerce company Evaly by a reputed audit firm in the country.
A single HC bench of Justice Muhamad Khurshid Alam Sarkar passed the order following the application submitted by the board of directors of Evaly that was formed on the direction of the court.
Earlier, a court ordered a company named KPMG to audit Evaly's assets on October 18 last year. But the company charged Evaly Tk 86 lakh to conduct the audit. And so, the board directors of Evaly appealed to the court to have company audited by another firm, said Barrister Syed Mahsib Hossain.
READ: Stop taking extra fares on public transport, HC asks BRTA
Barrister Morshed Ahmed Khan appeared for the board of directors of Evaly in the court while Barrister Syed Mahsib Hossain for the writ petition.
Another petition was also presented in court today. One of the customers appealed seeking to be included in a party in the case for non-receipt of payment for Evaly's product and the court registered his appeal.
On October 18 last year, the High Court formed a 5-member board, led by former justice Shamsuddin Chowdhury Manik, to manage, control and assess the liabilities of shuttered e-commerce platform Evaly.
Other members of the board are former secretary Mohammad Rezaul Ahsan and additional secretary Mahbub Kabir Milon, chartered accountant Fakhruddin Ahmed and lawyer Barrister Khan Mohammad Shamim Aziz.
Evaly CEO Mohammad Rassel and his wife Shamima Nasrin, the chairman of the platform were arrested on September 16, after a customer named Arif Baker filed a case at Gulshan Police Station alleging that e-commerce platform was not delivering products despite taking advanced payments.
Meanwhile customer Farhad Hossain submitted an application in the High Court seeking dissolution of the beleaguered company and direction on forming a board of directors for the company.
On September 22, the High Court ordered a ban on the sale and transfer of movable and immovable property during a hearing on the application and issued a notice questioning why Evaly will not be disbanded.
READ: Trial proceedings on FR Tower design forgery case to continue: HC
On September 30, during a hearing in this regard the HC directed the Registrar of Joint Stock Companies and Firms (RJSC) to submit all the documents of Evaly within October 11.
Stop taking extra fares on public transport, HC asks BRTA
The High Court on Monday asked the Bangladesh Road Transport Authority (BRTA) to take measures to stop taking extra fares on public transport across the country.
The HC bench of Justice Mamunur Rahman and Khandaker Diliruzzaman passed the order after hearing on a writ petition.
It also issued a rule asking the authorities concerned to explain why the failure to enact rules regarding hike in fares of buses, minibuses and other public transport as per Section 122 of the Road Transport Act, 2018 will not be announced illegal and against the law.
The court also asked BRTA to take necessary measures to hang the list of fares in public transport and make it easily visible at each designated bus stop and display it through electronic billboards within a month.
Also read: Buses to run at full capacity, says transport owners’ leader
Supreme Court lawyer Md Abu Taleb, lawyer Mokhlesur Rahman and barrister Mustasim Tanjir stood for the petitioner.
In the writ petition, the road transport secretary, BRTA chairman and others were made respondents.
On January 4, lawyer Md Abu Taleb filed the writ petition seeking rule and directive of the High Court.
Also read: Extra fares in public transports: 1408 buses fined Tk 57.3 lakh in 30 days
HC forms committee to supervise BTRC’s activities to solve mobile service issues
The High Court on Sunday formed a five-member committee to observe the activities of Bangladesh Telecommunication Regulatory Commission’s (BTRC) complaint cell in solving mobile network, internet related issues and customer complaints.
The court directed the committee to submit a report within 30 days of receiving the order.
A bench of Justice Mamnoon Rahman and Khandaker Diliruzzaman passed the order issuing a rule during a hearing on a writ petition filed in this regard.
The court asked to form the committee comprising secretaries of Posts and Telecommunications Division, and Information and Communication Technology Division, BTRC chairman, a teacher from Bangladesh University of Engineering and Technology (BUET) and a representative from Association of Mobile Telecom Operators of Bangladesh (AMTOB).
Also read: AMTOB calls for revision of SD in mobile services
The court directed the country’s mobile operators to ensure clear voice call, high speed internet and stable mobile network to reduce the sufferings like call drops and disconnection of calls due to weak network.
In the rule, the court questioned why the respondents’ inactivity in providing clear sound, strong network and stable internet service as promised in advertisements shown in electronic media, national dailies and broadcast media will not be announced illegal.
The court also asked to ensure complete use of mobile data packs purchased by a customer, why direction will not be given to cancel the expiry date provided by the mobile operators and to allow the customers to use the data entirely.
Secretary of the Ministry of Posts, Telecommunications and Information Technology, BTRC, BTRC Chairman, Grameenphone CEO Yasir Azman, Banglalink CEO Erik Aas, Robi CEO Mahtab Uddin Ahmed, and Teletalk CEO Md. Shahab Uddin was made respondents to the rule.
Also read: 4G mobile services not available outside Dhaka: BTRC
The seven respondents were asked to reply to the rule within four weeks.
Saifur Rahman Rahi, a Supreme Court lawyer and customer of the four mobile operators filed the writ petition seeking rule and direction of the High Court.
On January 5, the petitioner submitted a complaint at BTRC regarding sufferings due to call drop, weak network and internet data expiry date.
On January 10, he sent a legal notice after his problems were not redressed by the BTRC complaint cell.
Getting no reply from the respondents Rahi later filed the writ petition, said M A Masum , the lawyer who presented petitioner’s side
“There is doubt about the BTRC complaint cell’s proper functioning as the mobile operator customer’s sufferings are not being solved even after complaint. So a committee to supervise its activity was sought in the petition,” the lawyer told journalists.
Photographer Shahidul Alam asked to submit regular petition against HC order
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.
HC rules against 5 officials including CEC for defying court order on results of 1 UP
The High Court on Sunday issued a contempt of court rule against 5 officials including the Chief Election Commissioner and Election Commission Secretary for disobeying an order.
The rule was issued over publishing the gazetted election results of a union parishad at Rangunia upazila in Chattogram.
HC bench of Justice Mamnoon Rahman and Khandaker Diliruzzaman passed the order during hearing on a writ petition filed in this regard.
The HC questioned why punitive measures will not be taken against the five officials.
Also read: Launch fire: Writ seeks HC directive on compensation for victims
CEC KM Nurul Huda, EC secretary Md Humayun Kabir, Chattogram District Commissioner Mominur Rahman, Rangunia upazila election officer Bayezid Alam, and Ratan Kanti Shil, presiding officer at the Chainipara Government Primary School polling center, were made respondents to the rule.
Petitioner’s lawyer ABM Altaf Hossain said petitioner Ahmed Kabir, a general member candidate for Kumra Union Parishad election lost by 8 votes.
On December 2, Ahmed Kabir sent an application to the CEC for a recount of the votes or reelection as there was a discrepancy between the result announced at the Chainipara school center and the number of voters.
Also read: HC stays govt order on withdrawal of allowance to Birangana Majeda
Getting no reply, Kabir filed a writ petition with the High Court.
On December 6, the HC ordered to settle the appeal within 15 work days and suspended issuing gazette on the UP election result until then.
On December 23, the gazetted election result was published by CEC without settling the petition.
Graft case against ex-CJ Sinha: HC asks 2 acquitted persons to surrender
The High Court on Wednesday asked two people acquitted by a lower court in a case filed against former chief justice Surendra Kumar Sinha and 10 others over laundering Tk 4 crore to surrender before it.
They are Mohammad Shahajahan and Niranjan Chandra Saha.
The HC bench of Justice M Enayetur Rahim and Justice Md. Mostafizur Rahman passed the order after hearing a petition.
The court also wanted to know why the acquittal of the two should not be revoked.
The Anti-Corruption Commission (ACC) on December 20 filed a petition challenging the lower court’s verdict acquitting Shahajahan and Niranjan in the graft case.
Read: Court wraps up witness statements in graft case against ex-chief justice SK Sinha
On November 9, Judge of the Dhaka Special (Court-4) Sheikh Nazmul Alam Khan sentenced former chief justice Surendra Kumar Sinha to 11 years’ imprisonment in the case.
The court also fined S K Sinha Tk 45 lakh, in default, to suffer six months more rigorous imprisonment.
It also ordered the authorities concerned to confiscate Tk 78 lakh from his bank account.
The court also sentenced eight other accused to different jail terms while acquitted two others -- Shahjahan and Niranjan --as allegations brought against them were not proved.
Former managing director of Farmers Bank AKM Shamim got four years’ jail with a fine of Tk 50,000 while Santri Roy Simi and Ranjit Chandra Saha were sentenced to three years’ imprisonment each with a fine of Tk 10,000.
Read: Ex-CJ SK Sinha among 11 faces arrest warrant
The remaining four accused -- Gazi Salahuddin, senior executive vice president and former head of credit division of the bank, Swapan Kumar Roy, first vice president (Credit division), Shafiuddin Askari Ahmed, vice president Md Lutful Haque -- were sentenced to three years’ imprisonment each and fined Tk 25,000 each.
On July 10, 2019, the Anti-Corruption Commission (ACC) filed the case accusing former chief justice SK Sinha and 10 others of accumulating illegal wealth and laundering Tk 4 crore.
On December 10, 2019, the investigation officer in the case submitted a chargesheet against the 11 accused. On August 13, 2020, a court framed charges against the 11, including Sinha.
Copyright of Bangabandhu, Liberation War photographs owned by State: HC
The High Court has ruled that individuals cannot claim the copyright of the historical photographs of the Father of the Nation Bangabandhu Sheikh Mujibur Rahman and the Liberation War.The court said that if anyone wants to use historical photographs of Bangabandhu or the Liberation War in any publication, he/she has to acknowledge the sources.A HC bench of Justice Mamnoon Rahman and Justice Khandaker Diliruzzaman passed the order on Tuesday, disposing of a rule issued against senior Jamuna TV reporter Nazmul Hossain on charges of plagiarism and copyright violation of two books written about Bangabandhu.Lawyer Aneek R Haque appeared for the petitioner in the court while Lawyer Shah Manjurul Haque for the journalist Nazmul Hossain.
READ: ‘No land, no job policy’ irks HC as topper Meem fails to get a police job
According to the petition, although the copyright of the book ‘Bangabandhu Maanei Bangladesh’ and ‘3053 Din’ is owned by Nazmul Hasan, owner of Journey Multi Media, the copyright of the photographs of Bangabandhu used in the book are not owned by the publisher. Lawyer Aneek R Haque said that individuals have no rights over Bangabandhu's photographs, the people have the rights. Those who have already published the books with Bangabandhu's photographs, are asked to quote the state in the books.
READ: Documents regarding Khaleda's birthday submitted to HCEarlier cases were filed over the copyright of two books written on Bangabandhu containing photos without proper citation and credit.Later the HC ordered that copyright of these two books should be kept by the Ministry of Liberation War Affairs and Bangladesh Jail and that the necessary changes should be done by Dec 31.