The Appellate Division of the Supreme Court on Thursday ordered to maintain the status quo on taking the two Japanese children of Bangladesh-born US citizen Imran Sharif and Japanese national Nakano Erico out of the country. A seven-member bench of the Appellate Division, led by Chief Justice Hasan Foez Siddique, passed the order and asked the authorities concerned to dispose of the appeal petition filed by Sharif, seeking guardianship of the two children, within three months. With this order, Nakano Erico can’t leave the country for Japan with her children Jesmin Malika and Laila Lina. Senior Lawyer Barrister Azmalul Hossain KC and Advocate Mohammad Shishir Manir stood for Erico while Barrister Akhtar Imam and Barrister Rashna Imam represented Sharif. Advocate Rashna Imam said Erico cannot take her children without the permission of the Appellate Division. The two children will stay with their mother, a family court said in its judgment on January 29. Durdana Rahman, judge of Dhaka's Second Additional Assistant Judge and Family Court passed the order. The younger of the two children was living with her father from the beginning. On February 2, this year, Erico lodged a general diary with Gulshan Police. Later, Dhaka Metropolitan Magistrate Mamunur Rashid heard the younger child personally. The court also ordered to keep the child with her father and mother every alternate day until the case is disposed of. Sharif filed an appeal petition challenging the court order. After 12 years of marriage, on January 18, 2020, Eriko, a physician, appealed for divorce from Engineer Imran Sharif. On January 28, 2021 she also filed a case with a Tokyo family court for custody of their three children. But on February 21, 2021, Imran returned to Bangladesh with their two daughters from Japan. Meanwhile a Japanese court passed a verdict putting the children under their mother’s custody. On August 19, 2021 – days after coming to Bangladesh – Eriko filed a writ petition before the High Court here seeking custody of the two girls. On November 21, 2021  the HC bench of Justice M Enayetur Rahim and Justice Md Mostafizur Rahman ruled that the Japan-born daughters of Imran and Eriko would stay with their father. However, the mother could exclusively meet the daughters, aged 11 and 10, three times a year for 10 days at a time and Imran, the father, will bear her travel and accommodation expenses, said the court. On February 13 last year, the Appellate Division ordered that the custody of the two girls will be decided by the family court and until then the two children will remain with their mother. Eriko tried to leave Dhaka with her daughters on December 23, 2022. She was turned away by the police from the airport after she tried to take the children in defiance of court orders.

The Appellate Division of the Supreme Court today upheld the High Court order on Viqarunnisa Noon School and College authorities to admit 56 students to class 1. The three-member bench led by Chief Justice Hasan Foez Siddique passed the order after rejecting four separate petitions filed by the authorities concerned of Viqarunnisa Noon School and College. Additional Attorney General Sheikh Mohammad Morshed stood for Viqarunnisa while senor Advocate Prabir Niyogi, Barrister Syed Ahed Raza and Barrister ABM Altaf Hossain represented the students. Barrister Altaf Hossain said the number of total petitioners is 56 and their siblings are already studying in Viqarunnisa. On January 16, the Ministry of Education issued a circular stating that only an additional 5 percent of the total seats in any institution, including the entry class, can be filled with applicants whose siblings are already studying in that institution for the 2023 academic year. The guardians of 56 students filed separate petitions after failing to enrol their children at the designated school. Also read: HC orders Viqarunnisa Noon School to admit siblings of 41 students Later, the High Court stayed the section 14 of the guidelines for 41 students. The High Court also issued a rule asking the government to explain as to why section 14 of the guidelines should not be declared illegal. On January 31, the HC directed Viqarunnisa Noon School and College authorities to admit 41 students, siblings of the students who are already studying there, to class 1. The HC bench of Justice KM Kamrul Quader and Justice Mohammad Ali passed the order after hearing the writ petition filed by the parents of the 41 students.  

A writ petition has been filed in the Supreme Court, challenging the legality of AK Abdul Momen holding the office of the Foreign Minister. On behalf of SC advocate Md Ershad Hossain Rashed, lawyer Mostafizur Rahman Ahad filed the petition in the High Court division of the top court on Tuesday. A High Court bench, led by Justice Md Mojibur Rahman Mia, is likely to hear the petition, said Mostafizur. On August 21, SC lawyer Ershad sent a legal notice to the Foreign Minister urging him to step down within 48 hours for violating the Constitution over his "controversial remarks". Also read: Legal notice served seeking FM Momen’s resignation in 48 hrs "As I did not receive any response from the Foreign Minister, I decided to file the writ petition," Ershad said. The cabinet secretary, secretary of parliament secretariat, and the foreign minister has been made respondents to this writ petition. The petition is enlisted in the court’s cause list for Wednesday, he said. Also read: Momen not accompanying PM in India: Dipu Moni questions media’s use of “dropped” At a Janmashtami programme in Chattogram on Thursday, Momen reportedly said that he had urged the Indian government to back Prime Minister Sheikh Hasina so that she can stay in power. After much criticism over this statement, the FM provided an explanation the next day, saying that he had requested the Indian government to help the Bangladesh PM maintain the stability of her government.

The Appellate Division of the Supreme Court on Monday stayed the bail of Regent Hospital Chairman Mohammad Shahed in a corruption case filed on charge of embezzling Tk2.75 crore from Padma Bank (formerly Farmers Bank). Chamber Judge of the Appellate Division Justice M Enayetur Rahim passed the order after hearing a petition filed by Anti-Corruption Commission (ACC). On July 28, the High Court granted permanent bail to Shahed in a corruption case. Also read: Shahjahanpur double murder: 2 more held in city Later, ACC filed a petition challenging the bail order of the High Court. In 2020, ACC Deputy Director Md Shahjahan Miraj lodged a complaint against four people, including Shahed. Police filed an FIR in this connection. On July 6, 2020, Rab raided the Uttara and Mirpur branches of Regent Hospital. During the operation, fake Covid test reports, and various irregularities including collection of money from patients in the name of Covid treatment were unveiled. Also read: HC: Bangladesh Railway gets 7 days more to submit report on mismanagement On July 15, from the border area of Satkhira, Shahed was arrested by RAB. Shahed has been in jail since then. More than 36 cases have been filed against Shahed on allegations of different irregularities.

The Supreme Court on Thursday rejected a Japanese woman's plea to go abroad with her two children. A six-member full bench of the Appellate Division, headed by Chief Justice Hasan Foez Siddique, also dismissed a contempt plea of the Japanese woman, Nakano Erico, to haul her estranged husband, Bangladesh-born US citizen Imran Sharif. Besides, the court also refused to entertain Imran's contempt plea against Erico for "disobeying an earlier court order". On May 17, Erico’s counsel Sishir Monir appealed to the Appellate Division seeking permission for his client to travel abroad with her two children. Erico has spent many days in Bangladesh with her two daughters and wants to go abroad for a vacation that can be to Japan, according to the plea. At the same time, Erico asked the court to press contempt of court charges against Imran for not following the Supreme Court's order on meeting their two children. READ: 2 kids to stay with Japanese mother until deposal of case at family court Later, Imran also filed a contempt of court plea against Erico alleging disobedience of the High Court order to allow him to meet their two children. On February 13, the Appellate Division ordered disposal of the case within three months over the custody of the two children of Imran and Erico at a family court.  During this period, the court made it clear that the two daughters will stay with their Japanese mother in Bangladesh. And Imran can meet them but can’t leave the country. As per the order of the Appellate Division, the two children have been in the custody of their mother since December 12 last year. However, their father can visit them every day at a convenient time between 9am and 9pm. On November 21 last year, the HC bench of justices M Enayetur Rahim and Md Mostafizur Rahman ruled that the Japan-born daughters of Imran and Erico will stay with their father. However, the mother can exclusively meet the daughters, aged 11 and 10, three times a year for 10 days at a time and Imran, the father, will have to bear her travel and accommodation expenses, the court had said. On December 5, Erico filed a petition with the Appellate Division challenging the High Court's order. After 12 years of marriage, on January 18 last year, Erico, a physician, appealed for divorce from engineer Imran over marital dispute. On January 28, 2021, she also filed a case with a Tokyo family court for the custody of their three children. But on February 21, Imran returned to Bangladesh with their two girls from Japan. After that a Japanese court passed an order giving the children under their mother’s custody. On August 19, Erico filed a writ petition in the High Court here seeking custody of the two girls.

A writ petition was filed with the High Court seeking its directions to open an information cell in the Supreme Court under the Right to Information Act. The petition was filed by Supreme Court lawyer Mohammad Shishir Monir on Thursday. The petition may be presented for hearing in a bench of Justice Mojibur Rahman Mia and Justice Khizir Hayat next week. The Registrar General of the Supreme Court, the Registrar of the Appellate Division and the Registrar of the High Court were made respondents in the writ. According to the Information Act of 2009, there is a provision to install information cells and appoint officers in all government and autonomous organizations including constitutional institutions. Also read: James, Miles withdraw cases against Banglalink Though the Supreme Court is a constitutional body there is no specific information desk or officer, said the petition. As a result, information seekers are being deprived of their right due to the lack of data cells. Earlier, the petitioner appealed to the registrar seeking information regarding death sentence. About six months later, no information was provided. He later issued a legal notice to the Registrar General to implement the provisions of the Right to Information Act. Also read: Expelled JL leader Samrat sent to jail in graft case

The appellate division of the Supreme Court on Tuesday upheld the High Court’s death sentence of two convicts and life imprisonment of two others in the murder case of Rajshahi University Professor S Taher Ahmed. A bench of six justices, led by Chief justice Hasan Foez Siddique, passed the order, rejecting the appeal of the defence in this case. The two death row convicts of the case are Dr Mia Mohammad Mohiuddin, associate professor of Rajshahi University’s geology and mining department, and Md Jahangir Alam, caretaker of Professor S. Taher’s residence. The two lifers are Nazmul Alam and Abdus Salam, relatives of caretaker Jahangir Alam. Attorney general AM Amin Uddin and deputy attorney general (DAG) Bishwajit Debnath represented the state, while lawyer SM Shahjahan and barrister Ehsan E Siddique appeared for the convicts. DAG Bishwajit Debnath said, "Killing a professor just for promotion is a heinous crime and justice has been served through this order. The defence can now appeal for the review of the order and seek presidential pardon if the appeal gets rejected. The death sentence will be executed if the convicts don’t get clemency.” Also read: SC bans easy bikes from highways to prevent accidents Meanwhile, Professor Taher’s wife Sultana Ahmed, son Sanzid Alvi, and daughter Shegufta Tabassum Ahmed were content with the order. “After 16 years of struggle, we got justice. Will be fully content when the same will be executed,” said Taher’s wife Sultana Ahmed. Prof Taher’s body was recovered from a drain near his residence, two days after he went missing on February 1, 2006. On February 3, a murder case was filed at Motihar police station in Rajshahi, following a complaint lodged by his son Sanzid. Also read: Sagar-Runi murder: Final hearing on 10-year old HC rule on Tuesday A Rajshahi Speedy Trial Tribunal on May 22, 2008, sentenced to death the four accused. The tribunal also acquitted two persons, including former RU Chhatra Shibir president Mahbubul Alam Salehi. Later on May 13, 2013, the High Court upheld the death penalty of Mohiuddin and Jahangir, but sentenced Salam and Nazmul to imprisonment until death. After the order, the convicts moved the apex court.

The Supreme Court on Monday ordered a ban on the plying of electronic three wheelers, known as easy bikes, on the country’s highways to prevent road accidents. A three-member bench of the Appellate Division led by Justice Hasan Foez Siddique passed the order after hearing a petition that was presented by Barrister Tania Ameer and Advocate Maniruzzaman Asad. The ruling upheld a December 15 order of the High Court to impose a similar ban on the risky accident-prone vehicles in response to a petition filed by Bagh Eco Motors President Kazi Jashimul Islam. READ: HC orders to halt acid-based battery-run easy bikes for harmful lead Challenging the HC order leaders of Bangladesh Electric Three-Wheeler Manufacturing and Merchant Association filed a petition before the Appellate Division. The association has now lost the case.

The Supreme Court on Tuesday imposed a ban on transporting Phensedyl declaring it as a drug. A five-judge virtual bench of the Appellate Division headed by Chief Justice Hasan Foez Siddique declared this while delivering the verdict in a narcotics case in the morning. In this regard, Deputy Attorney General Biswajit Debnath said codeine, one of the components of Phensedyl, is recognized as a drug. READ: RAB captures 2 Phensedyl dealers Earlier in the day, the Appellate Division upheld the life sentence of Badal Kumar Pal in a case over the seizure of 250 bottles of Phensedyl from his possession in 1997. Badal Pal of Jhenaidah Sadar Upazila was sentenced to life in prison in 2000. On appeal against the verdict, the High Court acquitted Badal in the cases. Later, the state went to the appellate division against the HC order. The verdict in this case is expected to determine proper disposal of many cases related to phensedyl.

Mosammat Kamrunnahar, Judge of the Dhaka Women and Children Repression Prevention Tribunal-7, has been asked not to sit in the court from Sunday morning. However, she has been attached to the law and justice department of the Law Ministry. Chief Justice Syed Mahmud Hossain took the decision in consultation with senior justices of the Supreme Court (SC), revoking her judicial power temporarily, said an SC media release. “As per the directive, Judge Kamrunnahar won’t be allowed to sit in the court from 9:30 am on Sunday,” the release said. Read: Nine new High Court judges take oath However, the SC also sent a letter to the Law Ministry seeking attachment of Judge Kamrunnahar to the Law Justice and Parliamentary Affairs Division after revoking her judicial powers temporarily. The SC issued the press release a day after Law Minister Anisul Haque said he would send a letter to the Chief Justice seeking action against Judge Mosammat Kamrunnahar for making an observation while delivering judgement in the Banani double rape case. Read: Plan to dispose 6 lakh pending cases by 2022: Law Minister Five accused in the sensational Banani Raintree Hotel rape case were acquitted by the court of Judge Mosammat Kamrunnahar. In her judgement on Thursday, Kamrunnahar recommended the police not to accept rape cases 72 hours after the incidence.