Writ
HC dismisses writ challenging cancellation of ex-Gazipur mayor Jahangir’s nomination
The High Court on Monday dismissed a writ petition challenging the legality of cancellation of Gazipur City Corporation’s (GCC) former mayor Jahangir Alam’s nomination paper for the mayoral post in the upcoming GCC election.
The HC bench of Justice Farah Mahbub and Justice Mohammad Mahbub-Ul-Alam rejected the petition saying that he was a loan defaulter till the submission day of the nomination paper which made him ineligible.
Former Additional Attorney General MK Rahman appeared for the petitioner while Attorney General A M Amin Uddin for the state.
Also Read: Cancellation of nomination: Ex Gazipur mayor Jahangir files petition at HC
The writ petition was submitted to the HC bench concerned a week after Gazipur’s Returning Officer (RO) Faridul Islam cancelled his nomination paper in a primary scrutinization, as he is a “loan defaulter”.
On May 4, Jahangir appealed to Dhaka divisional commissioner against the cancellation; the appeal was rejected on the same day.
After being rejected, Jahangir moved the HC, challenging the cancellation.
Also Read: Gazipur City polls: Ex-mayor Jahangir’s nomination cancelled; mother’s nomination valid
On April 30, during primary scrutinization, Jahangir’s nomination was cancelled while his mother Zaida Khatun’s nomination was declared valid.
Jahangir was the guarantor of an industrial organization. He was declared a loan defaulter along with the organization, the returning officer said.
Though the former mayor and his counsel submitted documents demonstrating paying off the loan along with the nomination paper, the returning officer cancelled his nomination during the scrutinization.
1 year ago
HC rejects writ filed against Khulna Wasa MD
The High Court on Sunday rejected a writ petition filed challenging the legality of the appointment of Khulna Water Supply and Sewerage Authority (WASA) Managing Director Md Abdullah.
The HC bench of Justice Md Nazrul Islam Talukder and Justice Khizir Hayat rejected the writ petition.
Advocate Emdadul Haque Bashir stood for the petitioner while Advocate Syed Mahsib Hossain represented the Wasa MD.
Also Read: Writ petition seeks probe into graft allegation against Khulna Wasa MD
Advocate Syed Mahsib, said the authorities concerned appointed Md Abdullah as the managing director of Khulna Wasa in 2009 but the writ petition was filed in 2023.
The petition also sought investigation into the graft allegation against the Wasa MD.
However, the Anti-Corruption Commission did not find any evidence of corruption against him. That’s why the HC rejected the petition, said Advocate Mahsib.
According to the writ petition, Md Abdullah was appointed as Wasa MD in 2009 for a three-year term and his tenure has been extended for several times.
Also Read: Decision to award performance bonus to Wasa staffers illegal: HC
Secretaries to the Local Government, Rural Development and Cooperatives Ministry, Public Administration Ministry, deputy secretary of Local Government (Water supply), Chairman of PSC, Authorities concerned of Khulna WASA, chairman of Khulna WASA, Anti-Corruption Commission and Khulna WASA MD have been made respondent to the rule.
1 year ago
The 100-crore heist: Writ seeks judicial inquiry into illegal transfer of govt hospital nurses
A writ petition was filed with the High Court on Sunday seeking judicial inquiry into the transfer of nurses working in various government hospitals in the country.
Supreme Court lawyers Barrister Mohammad Humayun Kabir Pallab, Barrister Mohammad Kawsar and Barrister Mohammad Majeedul Quader, on behalf of ‘Law and Life Foundation’, filed the writ petition.
It is likely to be presented before the HC bench of Justice Md Mozibur Rahman Miah and Justice Khizir Hayat in this week, said Barrister Humayun Kabir.
Also read: HC orders probe into allegations against E-orange
At the same time, the writ petition sought appropriate legal action against the culprits and refund of Tk 100 crore transacted in the transfers by forming a judicial inquiry committee headed by a retired High Court judge.
Chairman of the Anti-Corruption Commission (ACC), Secretary of Ministry of Health and Family Welfare, Director General of Directorate General of Health Services (DGHS), Director General of the Directorate General of Nursing and Midwifery, the accused in the syndicate concerned Md Jamal Uddin and the Governor of Bangladesh Bank were made respondents in the writ petition.
According to the writ, about four thousand nurses were transferred in the three months of September, October and November last year and it has been alleged that a syndicate has embezzled around Tk 100 crore through that transfer business.
The writ also included a report published in a daily on February 7 where it is stated that a specific syndicate is conducting the nurse transfer business.
Also read: HC questions temporary dismissal of govt employee accused in criminal case
A man named Jamal Uddin from Kushtia allegedly formed the syndicate by introducing himself as a relative of a high-ranking official of the Directorate General of Nursing and Midwifery, reads the report.
Tk 100 crore from the transfer trade was deposited in the accounts of him and his relatives from different districts.
2 years ago
Writ seeks 30-day closure of educational institutions as pandemic surges
A writ petition seeking a 30-day closure of educational institutions due to renewed Covid-19 surge has been filed before the High Court. The writ was filed on Wednesday by Supreme Court lawyer Yunus Ali Akond.
Read:Classes to go online if Covid spreads to educational institutions: Minister “When the pandemic started in the country, the government directed to shut the education institutions and the students were less infected. Currently the covid-19 situation is on the spike and the students of schools, madrashas, colleges and universities are going to their institutions,” he said in the writ petition. “Many students use public transport to go to school and they might have been infected with the virus. As a result, there is a possibility of infecting other family members. So the educational institutions should be closed for 30 days,” said the writ. The writ will likely be heard by the bench of Justice Farah Mahbub and Justice SM Maniruzzaman on Thursday. On March 15, 2020, a writ was filed in this regard. The writ also sought directives to take steps in identifying those infected with Covid-19 in all ports including land and airports and strengthening monitoring in all land ports.
Read: JU suspends in-person classes It also sought directives to shut the educational institutions and issued an interim order to take necessary steps in all ports and entrance of the country to fight of Covid-19. Cabinet secretary, health secretary, education secretary, civil aviation and tourism secretary, home secretary and directorate general of health services were made respondents to the writ.
2 years ago
HC seeks govt report on preventing sexual harassment in the workplace
The High Court on Sunday directed the government to submit a report on the steps taken to prevent sexual harassment of women and children in all governmental and non-governmental institutions of the country, including educational institutions, following an HC order in 2009.
A HC bench of Justice Farah Mahbub and Justice SM Maniruzzaman passed the order after hearing a writ petition filed on behalf of rights organisation Ain O Salish Kendra (ASK).
Read:HC asks law enforcement agencies to stop issuing contradictory statements on Cox’s Bazar gang rape case
The Cabinet Secretary, Law Secretary, Public Administration Secretary and Family Planning Secretary have been asked to report the steps to prevent sexual harassment taken by the government in three months.
The court also issued a rule on the preliminary hearing of the writ petition.
Lawyer Syeda Nasrin and Md Shahinuzzaman appeared for the petition in the court.
Lawyer Syeda Nasrin said the High Court had issued a guideline in 2009 to prevent sexual harassment in the workplace, including educational institutions. But it has not been implemented yet.
For this reason a writ was filed on behalf of Ain O Salish Kendra (ASK) on October 21 last year. The secretaries of 40 ministries, including public administration, the registrar general of the Supreme Court, the Bar Council and the University Grants Commission (UGC) were made respondents in that petition.
Read:HC orders appointment of 84 BCS successful candidates
On August 7, 2008, Advocate Salma Ali, Executive Director of the Bangladesh National Woman Lawyers' Association (BNWLA), filed a writ petition with the High Court seeking its directions to prevent sexual harassment of women and children in the workplace and on educational institutions.
On May 14, 2009, the High Court bench headed by Justice Syed Mahmud Hossain issued several directives including forming committee on prevention of sexual harassment to take complaints in all institutions--educational institutions, governmental and non-governmental institutions.
2 years ago
Writ seeks cancellation of Evidence Act provisions on rape victims’ character
A writ petition was submitted before the High Court on Sunday seeking abolition of two provisions of the Evidence Act, 1872, which allow raising questions about the character of rape victims who are usually women.
Lawyer Sara Hossain filed the petition on behalf of three rights organizations- Bangladesh Legal Aid and Services Trust, Ain O Salish Kendra and Naripokkho before the HC bench of justice M Enayetur Rahim and Md Mostafizur Rahman.
The petition sought a rule on why section 155 (4) and 146 (3) of the Evidence Act will not be deemed unconstitutional and not be abolished, said Sara Hossain.
Also read: Brahman-breed cows: Writ filed seeking their release
The lawyer said, “According to these sections woman who files complaint of rape and sexual harassment is generally presumed of immoral character and her character and background can be questioned and inquired in the court.”
Rights groups have been campaigning against these provisions for long, said Sara adding that they are now seeking intervention from the High Court.
She said the hearing on the petition is likely to be held next week.
Also read: Writ seeks judicial inquiry into Banskhali shooting
Section 155(4) of the act says, "When a man is prosecuted for rape or an attempt to ravish, it may be shown that the prosecutrix was of generally immoral character.”
Meanwhile section 146 (3) says during cross examination a witness can be questioned to shake his credit, by injuring his character, although the answer to such questions might tend directly or indirectly to criminate him or might expose or tend directly or indirectly to expose him to a penalty or confiscation.
3 years ago
HC turns down writ challenging tree felling at Suhrawardy Udyan
The High Court on Sunday rejected a writ petition against tree felling at historical Suhrawardy Udyan for installation of commercial establishments.
The virtual bench of Justice Farah Mahbub and SM Maniruzzaman turned down the petition.
Lawyer Syeda Rizwana Hasan presented the petitioners while Additional Attorney General Sheikh Mohammad Morshed stood for the state.
“This is one of the mega projects of the government and no establishment will be built there on commercial basis. The government is implementing the HC directive issued in 2009,” Said Additional Attorney General Sheikh Mohammad Morshed.
Also read: Writ petition filed against tree cutting at Suhrawardy Udyan The project is being implemented according to the report of a 6-member committee formed in this regard , the project is being implemented without harming the environment, he said.
Earlier, on September 13 the court fixed today for final hearing on the writ.
On May 9, six organisations and an individual filed the writ petition to stop tree cutting at Suhrawardy Udyan.
Also read: No tree to be felled unnecessarily at Suhrawardy Udyan: Project Director
The petitioners are - Bangladesh Environmental Lawyers Association (BELA), Association for Land Reforms and Development (ALRD), Nijera Kori, Bangladesh Legal Aid and Services Trust (BLAST), Bangladesh Poribesh Andolon (BAPA), Ain o Salish Kendra (ASK) and architect Mobassher Hossain.
The petitioners also sought issuance of a rule seeking explanation as to why cutting of ancient and historic trees at Suhrawardy Udyan on the pretext of constructing monument of independence will not be announced illegal and unconstitutional, why construction of commercial establishments going beyond the main design will not be declared illegal and why directive should not be given to evict the already constructed establishments.
Dhaka South City Corporation Mayor , Secretaries to the Ministry of Housing and Public Works, the Ministry of Environment, Forest and Climate Change, and the Ministry of Liberation War Affairs, Chief Forest Conservator, RAJUK chairman ,Director General of Environment Department and Chief engineer of Department of Public Works were made respondents to the rule.
3 years ago
HC to rule on write over Viqarunnisa principal Tuesday
The High Court on Monday asked the authorities concerned to explain the steps they have taken in connection with the leaked phone conversation between Viqarunnisa Noon School and College Principal Kamrun Nahar and the leader of Guardian Forum Mir Shahabuddin Tipu.
The HC bench of Justice M Enayetur Rahim and Justice Md Mostafizur Rahman passed the order after hearing a writ petition seeking its directives to refrain Kamrun Nahar from discharging duties.
The HC also fixed Tuesday for delivering order on the petition.
Advocate Abdullah Al Harun Bhuiya Russel stood for the petitioner while deputy attorney general Bipul Bagmar represented the state.
Also read: No bar for new principal to join Viqarunnisa: HC
Earlier on Sunday a writ was filed with the HC seeking its directives to bar Kamrun Nahar from discharging duties and departmental action against her over the conversation with Mir Shahabuddin.
Mohammad Morshed Alam, a guardian filed the petition.
Education Secretary, Director General of Department of Education and chairman of the governing body has been made respondent to the writ.
Advocate Abdullah Al Harun Bhuiya Russel, said the Viqarunnisa Noon School and College Principal Kamrun Nahar has lost her moral position to hold the post of principal as she used offensive words during the conversation which will affect the students.
Recently an audio clip of the conversation between the principal and the leader of Guardian Forum over phone was leaked.
Also read: Fouzia now Viqarunnisa’s new principal
The 4.39 minutes conversation between them went viral on social media raising question about the principal’s use of abusive words.
Besides, the leaked audio clips also tarnished the image and tradition of the school, said members of the governing body of the school.
Also read: 2 Viqarunnisa teachers indicted over Aritree suicide
3 years ago
Brahman-breed cows: Writ filed seeking their release
A writ petition was filed with the High Court seeking the release of 18 imported Brahman-breed cows seized by customs officials at Hazrat Shahjalal International Airport on July 5.
Barrister Mehedi Hasan filed the petition on behalf of Imran Hossain, the owner of Sadek Agro in Mohammadpur, on Monday.
The seized cows are now at Savar Dairy Farm.
Defence counsel Barrister Ruhul Kuddus Kajol said: “We’ve sought permission to release the cows and directives to hand over those to their owner.”
The hearing on the writ petition will be held at the bench of Justice M Enayetur Rahim on Tuesday.
Customs officials on July 5 seized 18 Brahman-breed cows at Hazrat Shahjalal International Airport.
The cows were later handed over to the Livestock Department.
“The cows were imported from the US and arrived on a Turkish Airlines flight. We seized them as the import of Brahman-breed cows is not legal in the country,” Md Abdus Sadek, deputy commissioner (preventive) of Dhaka Customs House said.
The market value of each cow is Tk 12-15 lakh.
3 years ago
Writ seeks judicial inquiry into Banskhali shooting
A writ was filed with the High Court on Thursday seeking judicial inquiry into the death of five workers of a coal-based power plant of S Alam Group in police firing in Banshkhali upazila of Chattogram.
Advocate Syeda Nasreen filed the writ petition on behalf of the human rights organization Ain o Salish Kendra.
The writ also sought compensation of Tk 3 crore to the families of the deceased and of Tk 2 crore to the families of the wounded.
Also read: Police firing in Chattogram leaves five workers dead
While talking to the media, Nasreen said that the High Court bench headed by Justice M Enayetur Rahim could hear the writ petition next week.
Earlier on April 18, a legal notice was sent by the human right organisation to take necessary actions against those involved in the incident.
Home , Law , Industries and Commerce Secretaies, Inspector General of Police, among others, were made respondents to the notice.
Nasreen said that the writ was filed as there was no reply of the legal notice.
On April 17, five workers of a coal-based power plant of S Alam Group were shot to death and 25 others injured in a clash between police and workers over payment of their dues in Banshkhali upazila of Chattogram district.
Also read: Banshkhali incident: SKOP demands judicial investigation
The victims were identified as Ahmed Reza, Rony Hossain, Shuvho, Mohammad Rahat and Mohammad Raihan.
Another worker, who sustained bullet injuries during the clash died at Chittagong Medical College and Hospital on Wednesday, raising the death toll to six.
Two cases have been filed against over 2,500 people in connection with the incident.
Also read: 2500 sued over Banshkhali incident
3 years ago