Supreme Court
Jamaat’s registration: Appellate Division accepts petition to restore appeal
The Appellate Division of the Supreme Court has granted a petition to restore the appeal made against the verdict that declared the registration of Bangladesh Jamaat-e-Islami illegal.
The Appellate Division, led by Chief Justice Dr Syed Refaat Ahmed and consisting of four judges, issued this order on Tuesday.
Barrister Ehsan Abdullah Siddique and Advocate Mohammad Shishir Monir represented Jamaat in the court.
As a result of today's order, the appeal against the verdict that declared Jamaat-e-Islami's registration illegal will again be heard in the highest court.
After the order, lawyer Shishir Monir told journalists, “The Appellate Division had earlier dismissed the appeal during the hearing regarding the cancellation of Jamaat's registration because no lawyer was present on behalf of the party.
“However, as constitutional questions were involved in the case, the High Court had referred it directly to the Appellate Division. The petition was made to restore the appeal as its dismissal without a hearing was deemed inappropriate. Along with this, there was also a petition for delayed forgiveness. The Appellate Division granted our petition. Now, the appeal regarding the cancellation of Jamaat's registration will be heard again.”
After resolving a writ petition, the High Court issued a verdict on August 1, 2013, cancelling and declaring the registration of Jamaat-e-Islami illegal. Subsequently, on December 7, 2018, the Election Commission (EC) issued a notification cancelling the registration of Bangladesh Jamaat-e-Islami.
Later, Jamaat appealed against the High Court's verdict. However, since Jamaat's main lawyer was absent during the appeal hearing against the High Court's verdict, the Appellate Division, led by the then-Chief Justice Obaidul Hassan, issued a dismissal order on November 19 last year.
Consequently, the High Court's verdict declaring the registration of Bangladesh Jamaat-e-Islami illegal remained upheld. Nevertheless, the appeal that had been dismissed was restored for hearing after the fall of the Awami League government.
On September 2, the chamber court set the petition for hearing in the full bench of the Appellate Division on October 21. However, on October 22, the matter came up in the hearing schedule of the Division.
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Meanwhile, during the ongoing anti-discrimination movement, on August 1, the then Awami League government declared a ban on Jamaat-e-Islami and Islami Chhatra Shibir. The Ministry of Home Affairs issued a notification banning Jamaat, Chhatra Shibir, and their other affiliated organisations under section 18(1) of the Anti-Terrorism Act. However, on August 28, the decision to ban Jamaat and Shibir was revoked through a notification.
3 weeks ago
Supreme Court upholds removal of judges through Judicial Council
The Supreme Court has reaffirmed that judges can be removed through the Supreme Judicial Council. In a landmark ruling today, the six-member Appellate Division of the Supreme Court, led by Chief Justice Syed Refaat Ahmed, upheld its earlier decision that declared the 16th Amendment to the Constitution invalid.
This ruling solidifies the authority of the Supreme Judicial Council in investigating allegations of incapacity or professional misconduct against judges.
Attorney General Md. Asaduzzaman represented the state in the court during the hearing. Advocate Manzil Murshed stood for the petitioner in the court.
Read: 12 High Court judges being sent on leave
The 16th Amendment, passed by the Awami League government in 2014, sought to transfer the power of removing judges from the Supreme Judicial Council to the National Parliament.
However, the amendment's legality was challenged in the High Court. In a ruling on May 5, 2016, a special bench declared the amendment unconstitutional by majority decision. The government appealed against this ruling in January 2017, but on July 3 of the same year, the full Appellate Division bench, led by then-Chief Justice Surendra Kumar Sinha, unanimously rejected the appeal, upholding the High Court's decision to annul the 16th Amendment. The government filed a petition on December 24, 2017, seeking a review of the Appellate Division's verdict on the 16th Amendment.
As a result of Sunday’s ruling, the judiciary retains its independence, ensuring that the investigation and removal of judges will remain a judicial matter rather than a political one.
3 weeks ago
12 High Court judges being sent on leave
Six High Court judges, accused of collaborating with the ousted Hasina government, have been sent on leave. Chief Justice Syed Refaat Ahmed personally informed the judges of this decision during a meeting today.
In a series of meetings, the judges entered the Chief Justice's office, and it was confirmed that six of them attended an invitation extended by Justice Ahmed. Those present included Justices S.M. Moniruzzaman, Khondkar Diliruzzaman, Md. Akteruzzaman, Shahed Md. Nuruddin, S.M. Masud Hossain Dolon, and Md. Aminul Islam. The Chief Justice informed these judges that they would be placed on leave.
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While six other judges did not attend the meeting, sources confirmed they will also be placed on leave, regardless of their presence. Several Supreme Court judges verified this development on Wednesday afternoon.
When asked for comment, Supreme Court Registrar General Aziz Ahmed Bhuiyan said, “I have no information.”
The invitation to the 12 High Court judges came after allegations surfaced that they acted as accomplices to the former Awami League-led government. The meeting, organized at the Chief Justice’s request, altered the day’s previous agenda. Sources indicate that the judges face numerous allegations of corruption and misconduct linked to their ties with the former administration.
Various organizations have long demanded the removal of judges perceived to have political bias, particularly those appointed during the Awami League's tenure. General lawyers have echoed these demands, calling for the resignation of the judges.
Tensions escalated earlier today when thousands of students from the Anti-Discrimination Student Movement gathered outside the High Court, demanding the resignation of what they called “fascist” judges linked to the Awami League. By 12:30 pm, the protest had drawn large crowds, with demonstrators chanting and creating a charged atmosphere. The protest march started at Dhaka University’s Raju sculpture and culminated at the High Court.
The student protesters issued a 2 pm ultimatum, demanding the resignation of the "politically affiliated and corrupt" judges. In a related development, BNP-supporting lawyers held a separate rally at the Supreme Court, also calling for the resignation of the accused judges.
4 weeks ago
Ex-DIG prison Bazlur Rashid denied bail
The Appellate Division of the Supreme Court has denied bail to the suspended Deputy Inspector General (DIG) of Prisons Bazlur Rashid in connection with a corruption case.
A five-member bench of the Appellate Division headed by Justice Burhanuddin passed the order on Monday.
Suspended DIG Bazlur Rashid granted HC bail
Advocate Khurshid Alam stood for the Anti-Corruption Committee (ACC) while advocate SM Rezaul Karim moved for the petitioner.
Earlier, Dhaka Special Judge Court-5 on 23 October 2022, had sentenced him to five years imprisonment and fined Tk5,00,000 in the case filed for amassing assets worth Tk3.14 crore.
Suspended DIG Bazlur Rashid gets five-year jail in graft case
Anti-Corruption Commission (ACC) Deputy Director Md Salauddin filed the case against him on Oct 20, 2019.
Later, he was arrested the same day.
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On August 26, 2020, ACC Deputy Director Nasir Uddin filed the charge sheet against Bazlur Rashid.
9 months ago
Chamber Judge stays HC’s verdict sentencing five Agrani Bank officials for contempt of court
The Chamber Judge of the Appellate Division in the Supreme Court (SC) on Thursday stayed a High Court (HC) verdict that sentenced five top officials of the Agrani Bank including its Managing Director Murshedul Kabir to three months' imprisonment for disobeying a lower court order earlier.
Justice M Enayetur Rahim passed the order after hearing a petition in this regard.
Attorney General AM Amin Uddin stood for Agrani Bank in the court while counsels Md. Akhtaruzzaman, Momtaz Uddin Fakir, Shamim Khaled and Barrister Tanjibul Alam represented the bank officials.
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The defendants’ lawyers said the HC verdict will remain suspended until March 18 following Thursday’s verdict.
As a result, the officials will not have to surrender before the trial court within this period and police will not have jurisdiction to arrest them, they said.
On January 23 this year, the HC sentenced the five officials to three months' imprisonment for defying a court order by including Moon Group's name in the list of Credit Information Bureau (CIB) of Bangladesh Bank (BB).
The four other officials are its principal branch’s General Manager Md Fazlul Karim, on post-retirement leave (LPR) General Manager AKM Fazlul Haque, Deputy Manager-2 Shyamal Krishna Saha and Deputy Managing Director-1 Wahida Begum.
Advocate Nurul Amin who stood for the Moon Group said the HC sentenced the officials for contempt of court and ordered to confiscate their properties while details will be known when the full verdict is published.
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Later, a petition was submitted with the Chamber Judge Court on Wednesday against the HC verdict.
It was learned that on September 20, 2021, the principal branch of the bank sent a letter to the Moon Group to pay 25 percent of its dues in installments.
The letter reads if the group does not refund 25 percent of the loan by September 30, 2021, it will be listed as a defaulter and sent to the BB’s CIB.
Challenging the legality of the bank's letter, a decree was sought in the lower court. At the same time, a temporary ban was sought against the bank's letter on behalf of the group.
Being rejected by the lower court, the group submitted a miscellaneous appeal with the HC against this order while the HC issued status quo on the bank's letter and a rule as well.
Meanwhile, the bank sent the group to the BB’s CIB listing it as a defaulter for not paying 25 percent installments of the loan within the stipulated time.
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Later, the group submitted a violation case against the five with the HC in this regard.
After hearing the case, the court sentenced five officials to three months' civil imprisonment.
According to the case statement, the group owed Tk 539 crore to Agrani Bank till 2017.
9 months ago
Democracies have weaknesses, but they attain maturity only through practice: Foreign Ministry tells diplomats
The government has said that Bangladesh’s democratic polity has reached a stage where smooth and peaceful transition of power between elected governments has been ensured without any undemocratic arrangement.
"Democracies have weaknesses, but they attain maturity only through practicing democracy," the Ministry of Foreign Affairs said in a briefing note shared with diplomats stationed in Dhaka on Tuesday.
Although many leaders and activists of BNP were keen to participate, it is regrettable that its top leadership decided otherwise on the pretext of their unconstitutional demand for the provision of a caretaker government, the ministry conveyed to diplomats.
In 2011, Supreme Court of Bangladesh declared the unelected caretaker provision "ultra vires" (any deed performed beyond the scope of legal authority) and void as it conflicts with the spirit of democracy.
Read more: Australia urges Bangladesh govt to prioritise strengthening its democratic institutions
The Election Commission repeatedly called upon BNP to participate, and the EC was even willing to revise the election schedule if BNP joined.
BNP made this "irrational demand" as its principal political capital and chose to destroy the lives and properties of people, holding them hostage, said the government.
The state of horrific violence that BNP and its allies unleashed throughout the country is only a vivid reminder of their drills in 2001, 2013, 2014 and 2018, the ministry of foreign affairs said.
Since October 28, 2023, they set ablaze nearly a thousand public and private vehicles and over 200 establishments including police hospital premises and ambulances, vandalized nearly a thousand vehicles and many establishments including the residences of Chief Justice and other judges, caused injury to around 1,500 police personnel and around 500 civilians, attacked reporters and camera personnel, killed 24 individuals including two police personnel – one of them mercilessly beaten to death in broad daylight, the foreign ministry observed.
"They sabotaged our railway system, leading to tragic incidents claiming five precious lives including burning a mother and her 3-year-old son alive and leaving many others severely injured," reads the briefing note.
In the lead-up to the election, BNP "geared up its violence" in its efforts to spread fear and terror. On the preceding day of the elections, they carried out arson attacks on polling centres with a view to intimidating the voters, the ministry conveyed to the diplomats.
Read more: Foreign friends continue to send congratulations to PM Hasina on her election win
BNP called for a 48-hour nationwide strike to cut off the communication system and obstruct voters from traveling to their constituencies to cast their votes, it said.
The Benapole Express train was set on fire, killing four passengers, causing severe injuries to many, and burning the passenger train to ashes, it said.
The 12th Parliamentary Election of Bangladesh were held on January 7 in a "free, fair, impartial and transparent" manner with spontaneous participation of the voters.
The people of Bangladesh as well as the international community have witnessed that the Bangladesh Election Commission, an independent and empowered constitutional body, supported by the incumbent government, can effectively conduct free, fair and credible elections, the ministry said.
The 2024 polls have set a new milestone in the history of the journey of parliamentary democracy in Bangladesh, it said.
People of Bangladesh have demonstrated their unyielding resolve to a rule-based democratic system and peace, progress and stability through their active participation, the foreign ministry said.
"The incumbent government also manifested its unprecedented political commitment to take forward the democratic process, uphold the constitutional mandate, and ensure people’s right to vote."
Despite the calls to boycott, violence and persistent intimidation by the BNP, the people of Bangladesh reinforced their commitment to and aspiration for a peaceful and ‘Smart Bangladesh’ vision, said the government.
"This is a new paradigm in Bangladesh’s electoral history within the constitutional framework, based on trust, credibility, and impartiality in the election process in line with people’s aspirations," it said.
The Indian High Commission's representative, British High Commissioner to Bangladesh Sarah Cooke, US Ambassador to Bangladesh Peter Haas, European Union Ambassador to Bangladesh Charles Whiteley, Chinese Ambassador to Bangladesh Yao Wen, Russian Ambassador to Bangladesh Alexander Mantytsky, UN Resident Coordinator in Dhaka Gwyn Lewis, and high commissioners and ambassadors from various other countries were present at the "meet and greet" where Foreign Minister Dr AK Abdul Momen spoke briefly. Foreign Secretary Masud Bin Momen was also present.
Read more: Canada disappointed that Bangladesh’s electoral process has ‘fallen short of’ democratic principles
10 months ago
SC upholds HC order to dispose of Fakhrul’s bail pleas
The Appellate Division of the Supreme Court on Thursday upheld a High Court order that directed the Chief Metropolitan Magistrate to accept and dispose of the bail petitions of BNP Secretary General Mirza Fakhrul Islam Alamgir in connection with 10 cases.
Justice M Enayetur Rahim, Chamber Judge of the Appellate Division of the SC, passed the order following a petition filed by the state challenging the HC order.
The Chamber Judge also sent the petition to its full bench and fixed January 15 to hear in this regard.
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Senior lawyer Zainul Abedin , A M Mahbub Uddin Khokan, and Advocate Sagir Hossain Leon appeared in the court on behalf of Mirza Fakhrul, while Attorney General A M Amin Uddin, Deputy Attorney General Md Sarwar Hossain and Tushar Kanti Roy represented the state.
Eleven cases were filed at Paltan and Ramna police stations on charges of vandalism and attack on the Chief Justice's residence during a BNP rally on October 28.
Of them, the High Court issued a rule asking the government to explain why Fakhrul should not be granted bail in a case filed over the attack on the Chief Justice's residence.
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He sought bail in the remaining 10 cases. But on December 12, the Chief Metropolitan Magistrate (CMM) court of Dhaka rejected the bail petitions.
Later, a writ petition was filed with the HC on December 14.
Following the petition, a High Court bench on December 18 directed the Chief Metropolitan Magistrate Courts in Dhaka to accept and dispose of the bail petitions of BNP Secretary General in the nine cases as Mirza Fakhrul was shown arrested in one of the cases filed with Paltan police.
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The BNP secretary general was arrested in a case on October 29.
Later, a bail petition was filed with the Chief Metropolitan Magistrate (CMM) Court of Dhaka. The court sent him to jail rejecting his bail petition.
10 months ago
Justice Obaidul Hasan takes oath as 24th Chief Justice of Bangladesh
Justice Obaidul Hasan took oath today as the 24th Chief Justice of Bangladesh.
The president administered the oath at 11 am at the Darbar Hall of Bangabhaban, witnessed by the president's wife Dr. Rebecca Sultana, Cabinet members, former chief justices, judges of both the Appellate and High Court divisions, heads of the three services, principal secretary to the prime minister, the attorney general, and Supreme Court lawyers, including SC Bar Association leaders.
Cabinet Secretary Md. Mahbub Hossain conducted the ceremony.
The president made the appointment as per Article 95 (1) of the Constitution on Thursday as the outgoing chief justice retired on the day.
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Hassan, a senior judge of the Appellate Division, was appointed the chief justice on September 12.
Obaidul Hassan was appointed as an additional judge of the Supreme Court’s High Court Division in 2009 while his appointment was confirmed as a permanent judge in 2011.
He was elevated as a judge in the Appellate Division on September 3, 2020.
Hassan was born on January 1, 1959, at Chayashi village under Mohanganj upazila in Netrokona district to Dr Akhlaqul Hossain Ahmed and Begum Hosne Ara Hossain.
Hassan was appointed as the chairman of International Crimes Tribunal-2 on March 25, 2012 and in his capacity as the head of that court, also known as War Crimes Tribunal, until September 15, 2015, he pronounced 11 verdicts.
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Obaidul Hassan is married to Nafisa Banu, who currently serves as Member (Finance) of Bangladesh Export Processing Zone Authority’s Board of Directors. The couple has a son, Barrister Ahmed Shafquat Hassan.
Obaidul Hassan's younger brother Sajjadul Hassan is a parliament member (MP) from Netrokona-4 constituency while he previously served as a senior secretary at the Prime Minister's Office (PMO).
Obaidul Hassan initially obtained his graduate and postgraduate degrees in economics from Dhaka University prior to studying law and made his debut as a practitioner in the Dhaka District Court in 1986, and got his enrollment in the High Court in 1988.
He became an Appellate Division lawyer in 2005 and was appointed as an assistant attorney general and deputy attorney general for 5 years from 1996 to 2001.
Justice Obaidul Hassan to take oath as country’s 24th Chief Justice on Sept 26
As a Supreme Court judge Obaidul Hassan joined several international legal conferences in different countries including Hong Kong, Singapore, Netherlands and Argentina.
He led the Bangladesh delegation to an international crimes conference in Buenos Aires in 2015 and in the same year he attended a views exchange meeting with the International Crimes Court and the International Crimes Tribunal judges in The Hague.
Obaidul Hassan authored several books including 'Obornonio Nirmomotar Chittro Ekatturer Buddhijibi Hotyakando O Onnanya', 'Bangabandhu Bangladesh Ekjon Juddho Shishur Golpo O Onnanya' and 'Bangabandhu, Rabindranath O Oshamprodayeek Bangladesh'.
1 year ago
Derogatory remarks against judge: Dinajpur mayor offers unconditional apology
Dinajpur Municipality Mayor Syed Jahangir Alam appeared before the court on Thursday and offered an unconditional apology to the Appellate Division of the Supreme Court for making derogatory remarks against a judge of the division.
Mayor Jahangir appeared before the five-member bench of the Appellate Division led by Chief Justice Hasan Foez Siddique and apologised.
Also read : Supreme Court to hear Dr Yunus's petition on July 23
The court also exempted him from appearing before the court in person and set October 12 for the next hearing.
The Appellate Division of the Supreme Court on August 17 summoned the mayor and asked him to appear before the court on August 24 in person for making derogatory remarks against a judge.
The court also asked the Bangladesh Telecommunication Regulatory Commission (BTRC) to remove the video containing the mayor's remarks from the internet.
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Four lawyers of the Supreme Court filed a contempt of court petition over the mayor making derogatory comments against Chamber Judge of the Appellate Division M Enayetur Rahim centring the verdict against BNP Chairperson Khaleda Zia. The four lawyers are advocates Harun-or-Rashid, Mahfuzur Rahman Roman, Md Moniruzzaman Rana and Shafique Raihan Shaon.
The SC also issued a rule asking the government to explain why Mayor Jahangir should not be punished under the contempt of court rule and why directives should not be given to issue a show cause notice against him.
Also read : Supreme Court Bar secretary’s office vandalised: 25 lawyers granted anticipatory bail
Advocate Shaha Manjurul Haque stood for the petitioners, while Attorney General AM Amin Uddin and Barrister Ruhul Kuddus represented the state and Mayor Jahangir, respectively.
Jahangir Alam was elected mayor of Dinajpur municipality in 2011.
1 year ago
Petition dismissed, Appellate Division orders to continue labour law violation case against Dr Yunus, 3 others
The Appellate Division of the Supreme Court (SC) on Sunday (August 20, 2023) ordered to continue the trial proceedings after dismissing a petition submitted by Nobel laureate and Chairman of Grameen Communications, Dr Muhammad Yunus, and three others in a case over violation of labour law.
A regular and full bench consisting of seven justices of the Appellate Division headed by Chief Justice Hasan Foez Siddique passed the order after hearing the petition, said the defendants’ counsel, Barrister Abdullah Al Mamun.
On September 9, 2021, Labour Inspector Arifuzzaman, of the Department of Inspection for Factories and Establishments, filed the case with Dhaka's 3rd Labour Court.
Read: Labour law violation case: SC orders disposal of rule on charge framing against Dr Yunus within two weeks
Other accused in the case are: Ashraful Hasan, Managing Director of Grameen Telecom, and its directors, Nurjahan Begum and Shahjahan.
According to the case, in an inspection visit to Grameen Telecom, inspectors of the department found that 101 workers and staff who were supposed to be permanent were not made so.
No participation fund and welfare fund were formed for them and five percent of the company’s profit was not provided to the workers following the law.
Read: Appellate Division orders Dr Yunus to pay NBR Tk 12 crore tax on donations
Later on December 7, Prof Yunus filed a petition with the High Court seeking scrapping of the case.
On December 12, HC stayed the procedure of a case for six months.
On June 6 this year, the Labour Court ordered the trial in the case through framing chargesheets against the accused.
Later, Dr Yunus filed a petition with the HC seeking cancellation of the charge framing order.
Subsequently, on August 8, the HC rejected the petition.
Read more: Supreme Court to hear Dr Yunus's petition on July 23
Later, the Nobel laureate filed the petition with the Appellate Division seeking cancellation of the charge framing order.
The division led by the chief justice cleared the petition after hearing it on Sunday.
1 year ago