Rule
HC rules on forming commission to recognize armed rebellions against Bangbandhu’s killing
The High Court on Sunday issued a rule questioning the government's inactivity in identifying the armed protesters of August 15 killing of Bangabandhu and his family to acknowledge and rehabilitate them.
The court asked why the inactivity of the concerned authority will not be announced illegal and questioned why a high level commission should not be formed to acknowledge and rehabilitate the resistance fighters of August 15.
The bench of Justice Md KLhasruzzaman,and Justice Md Iqbal Kabir issued the rule during a hearing on a writ petition filed in this regard.
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The court has asked the law secretary, home affairs secretary, liberation war affairs secretary , social welfare secretary, and cultural secretary to respond to the rule within four weeks.
Advocate Md Bakir Uddin Bhuiyan along with advocate Md Abu Hanif represented the petitioner while Deputy Attorney General Bipul Bagmar appeared for the state.
Advocate Md Bakir Uddin said, after the brutal killing of Bangabandhu and his family members on August 15, 1975, a horrifying situation arose in the country as the then military government banned all kind of rally, meetings.
But on that day protests were held against the killing in Mohanganj, Kishoreganj, Narsingdi, Khulna, Jessore, Faridganj in Chandpur and Gafargaon in Mymensingh.
Later two armed resistance forces were formed under the leadership of freedom fighter Abdul Kader Siddique ‘Jatiya mukti Bahini’ and ‘ Jatiya Mujib Bahini’ led by Chittagong's freedom fighter ABM Mohiuddin Chowdhury,.
Then thousands of Bangabandhu devotees, students, young people, joined the forces and engaged in armed rebellion against the ruling government.
But in 1977, when Indian 'National Front Government' led by Morarji Desai handed over the members of Jatiya Mukti Bahini and Jatiya Mujib Bahini to BDR in Bangladesh, their lives came down to extreme hardship, imprisonment, oppression and torture.
On August 1, a petition was filed in the High Court seeking directions for identifying the armed protesters and giving them national recognition and rehabilitation.
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Anis Khondkar of Netrokona, Saidul Qadir, Yusuf Ali of Sunamganj, Parimal Sarkar and Swapan Chand of Gazipur filed this writ at the High Court.
2 years ago
HC seeks explanation about birth certificate of street children
The High Court on Thursday issued a rule seeking explanation as to why a direction should not be given to provide birth certificate to street children .
It also wanted to know why not giving birth certificates to the street children should not be declared illegal .
The bench of Justice Mozibur Rahman Miah and Justice Khizir Hayat issued the rule after hearing a petition.
Women and children affairs secretary, home secretary, registrar of the Office of the Registrar General, Birth and Death Registration have been made the respondents to the rule.
Read: HC issues rule on ethics code for news media
Respondents have been asked to respond to the rule within the next four weeks.
The court also directed the respondents to submit a progress report within three months on the measures taken to provide birth certificate to the street children.
Advocate Taposh Kanti Bol and advocate George Chowdhury stood for the petitioner while Deputy Attorney General Bipul Bagmar represented the state.
On May 20, the social welfare organisation ‘Sports for Hope and Independence’ filed the writ petition to give birth certificate to street children.
2 years ago
Hearing on rule for identifying plotters against Padma Bridge Tuesday
The High Court will hold hearing on Tuesday on a rule on whether a commission be formed to identify the people who made up fake stories of corruption over the Padma Bridge Project.
The HC bench of Justice Md Nazrul Islam Talukder and Justice Kazi Md Ejarul Haque Akondo delivered the order on Monday.
The HC also commented that the people who made up fake stories of corruption over the Padma Bridge Project should be identified.
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The High Court said, “The Padma Bridge is our national asset. It is our pride.”
“Those who are against such national interests and development, they are the enemies of the nation, the enemies of the country, they must be identified.”
Deputy attorney general AKM Amin Uddin Manik represented the state in the court while lawyer Khurshid Alam Khan appeared for the Anti-Corruption Commission (ACC).
On February 15, 2017, the HC issued a rule asking the government why it shall not be directed to form an inquiry committee or commission for identifying the plotters to bring them under justice referring several newspaper reports.
The Cabinet Division, Home, Law and Communications Secretary, the Anti-Corruption Commission (ACC) Chairman and the Inspector General of Police (IGP) were made respondents to the rule and asked to reply in four weeks.
Also read: CID detains youth who removed nuts, bolts of Padma Bridge
On March 20 of the same year, the state asked for eight weeks to respond to the rule and report and HC granted it till May 7.
2 years ago
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.
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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.
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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.
2 years ago
HC seeks explanation over delay in Pori Moni’s bail plea hearing
The High Court on Thursday issued a rule seeking explanation as to why a lower court order fixing September 13 for hearing the bail petition of Pori Moni in a case under the Narcotics Control Act should not be cancelled.
The court also asked why the bail application would not be heard within two days.
The respondents were asked to respond to the rule by September 1.
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The virtual HC bench of Justice Mustafa Zaman Islam and Justice KM Zahid Sarwar Kajol issued the rule after hearing on a revision petition filed on behalf Pori Moni challenging the lower court order.
“ Why has the date of bail hearing been fixed after 21 days ? The decision curtailed the rights of the accused,” the HC observed .
On August 22, the Dhaka Metropolitan Sessions Judge KM Emrul Kayesh set September 13 for hearing on the bail petition of Pori Moni in the case.
Also read: Pori Moni: Hearing on new bail plea on Sept. 13
Later, she appealed to the High Court challenging its validity. The interim bail of the actress was also sought in the petition .
Lawyers ZI Khan Panna and Mozibur Rahman appeared for Pori Moni, while Assistant Attorney General Md Mizanur Rahman opposed the petition.
3 years ago
HC issues rule on depiction of smoking in movies, theatre
The High Court on Tuesday issued a rule asking the government to explain as to why the ineffectiveness of the authorities concerned in preventing scenes depicting smoking in movies and plays, should not be declared illegal.
The HC bench of Justice JBM Hassan and Justice Razik-Al-Jalil issued the rule following a writ petition.
It also asked the authorities concerned to explain as to why directives should not be given to them for implementing the Narcotics Control Act.
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Secretaries to the Public Health and Family Planning, Law, Home, Information and Bangladesh Film Censor Board Chairman have been made respondents to the rule which is returnable in four weeks.
Advocate Maniruzzaman Linkon stood for the petitioner while deputy attorney general Tushar Kanti Roy represented the state.
On February 3, Bangladesh Cancer Society, Anti drug organisation ‘Prattyasha’ and Population Development Organisation (PDO) filed a petition seeking ban on use of smoking and showing smoking scenes in movies and plays.
“There is a law on using drugs and tobacco but it is ineffective,” said Advocate Maniruzzaman.
On March 11, 2020, a legal notice was sent to the Secretaries to the Public Health and Family Planning, Law, Home, Information and Bangladesh Film Censor Board Chairman seeking implementation of the law. But no response came from the respondent, he said.
Also read: HC issues rule on ethics code for news media
According to the writ, Bangladesh has signed the ‘Framework Convention on Tobacco Control’ (FCTC) in an effort to discourage people from smoking and tobacco during the 56th conference of World Health Organisation (WHO) in 2003.
To make the issue a success, the government enacted a law on Smoking and Using of Tobacco Products (Control) Act, 2005.
According to the law, smoking in public places is an offence and there is a provision to fine Tk 300 to those who are found smoking in public places or public transport.
As per the section 5 (1) of the law, Prohibition of advertisement of tobacco products. -(1) No person shall-display advertisement on tobacco products in cinema hall or government and non-government radio and television channel, and shall not make any exhibition of photographs audible or made audible :print or publish or make published any advertisement in any books, magazines, handbills, bill-board, newspaper or printed papers published in Bangladesh; and distribute or supply to public any leaflet, handbill or documents containing the name of brand of tobacco product, colour, logo, trade mark, sign, symbol or advertisement.
3 years ago
HC issues rule on ethics code for news media
The High Court Monday issued a rule questioning why inactivity to introduce an effective and efficient ethical code of conduct for media according to subsection 2 of section 11 in Press Council Act, 1974 should not be considered illegal.
The court also issued a rule on why direction will not be given to create an ethical code of conduct for maintaining professionalism of journalists, news agencies, newspapers.
Bench of justice Md Mojibur Rahman Mia and Justice Kamrul Hossain Molla issued the rule during a virtual hearing on a writ petition filed in this regard.
The court also questioned why direction will not be given to take legal action for closing unlicensed and unregistered online news portals and to register those that are in consideration.
In the rule the court also asked why direction will not be given to take proper steps to form a ‘Broadcasting commission’ according to the National Broadcast Policy-2014.
The Information Secretary, Chairman of Bangladesh Telecommunication Regulatory Commission (BTRC) and Chairman of Bangladesh Press Council have been asked to submit a reply to the rule within seven days.
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Lawyer Rashida Chowdhury Nilu and Zarin Rahman presented the petitioner’s side during the hearing while Deputy Attorney General Nowroz Md Russel Chowdhury presented the state side.
On May 5, two lawyers of the Supreme Court Rashida Chowdhury Nilu and Zarin Rahman sent a legal notice to the authority for introducing ethical code for publishing news on broadcast media.
According to the notice, in a recent incident of recovering the dead body of a 21-year-old college student a case of incitement to suicide was filed under section 306. But some media and specially some online news portals published news on this in an unacceptable way and BTRC and Press Council didn’t take any steps against them.
In these circumstances, the need to implement an ethical code of conduct for publishing news and actions against unregistered news portals have become necessary, said the notice.
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As the authorities didn’t reply to the notice a writ petition was with the High Court.
3 years ago
HC issues rule on bail for staff arrested over PMO doc forgery
The High Court on Tuesday issued a rule seeking explanation on why Fatema Khatun, a staffer suspended over a case of document forgery in the Prime Minister’s Office, should not get bail.
The bench of Justice M Enayetur Rahim and Justice Sardar Md Rashed Jahangir issued the rule during a hearing on the defendant’s bail petition.
Advocate Momatajuddin Ahmed represented the defendant during the hearing.
Defendant’s advocate prayed for bail mentioning Fatema Khatun’s health condition worsening after staying a year in jail.
The High Court disagreed to grant bail to Fatema for bringing disrepute to PMO’s image and rather agreed to issue a rule.
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On May 5, 2020, PM office director-7 Md. Rafiqul Alam filed a case against three individuals.
Later police submitted charge sheet of the case accusing six people including Fatema Khatun and Chhatra League central committee leader Tariqul Islam.
Others accused in the case are Nazim Uddin, Rubel, Farhad Hossain, a student of North South University, and former treasurer of Bangladesh University of Professionals , retired air commodore M Abdus Salam Azad.
The accused were working to have Abdus Salam Azad appointed to the post of treasurer of North South University.
According to the charge sheet, the names of the chairman of history department of NSU Professor M Enamul Haque, Professor of architecture department of BUET Md Abdur Rauf, and M Abdus Salam Azad were put forward in an Education Ministry document, from which one was to be chosen for the post of NSU treasurer by the PM.
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Working as the office assistant at PMO, Fatema got the document in hand after the PM made her choice and disclosed the confidential information that Abdus Salam had not been chosen to BCL leader Tariqul.
On March 1, the same year Fatema handed over the document to accused Farhad for Tk 20,000.
Later, the accused tampered with the document to showing M Abdus Salam Azad approved for the post, and had it sent to the president’s office from the PMO for final approval, said the charge sheet.
3 years ago
Appoint 27 successful BCS candidates within 60 days: HC
The High Court on Tuesday directed the government to appoint within 60 days 27 candidates who came out successful in the 34th and 35th Bangladesh Civil Service (BCS) examinations.
4 years ago