High Court
August 21 grenade attack case should be reinvestigated by Home Ministry: HC
The High Court has observed that the August 21, 2004 grenade attack case should be sent to the Home Ministry for a fresh investigation by a qualified and expert agency to ensure justice.
The HC bench of Justice AKM Asaduzzaman and Justice Syed Enayet Hossain made the remarks while delivering the full text of its verdict on Thursday.
The HC also directed the concerned office to forward a copy of this order to the Home Ministry for appropriate and necessary action.
"It is a heinous, tragic incident in the history of this country, where many people lost their lives, including then Awami League leader Ivy Rahman. The killings need to be investigated properly and independently to ensure justice, which has been completely absent in this case until today. In this context, we believe the case should be referred to the Ministry of Home Affairs to take necessary steps and initiate a fresh investigation by a proper and expert agency to ensure the proper administration of justice," said the High Court bench.
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On December 1, the bench overturned the verdict of a lower court in two cases filed over the August 21 grenade attack, acquitting all convicts, including BNP's Acting Chairperson Tarique Rahman and former state minister for home affairs Lutfozzaman Babar.
The court also declared the charge sheet in the case “illegal.”
The bench delivered the judgment after holding a hearing on death references (trial court documents for confirmation of capital punishment) and appeals filed by some of the convicts of the cases.
The grenade attack, a shocking incident, occurred on Dhaka's Bangabandhu Avenue on August 21, 2004.
At least 24 people, including Awami League’s women affairs secretary and late President Zillur Rahman’s wife Ivy Rahman, were killed. Three hundred others were also injured. Sheikh Hasina survived but suffered hearing impairment.
On October 10, 2018, a Dhaka Speedy Trial Tribunal issued a verdict in one of the cases (pertaining to murder and explosives).
The tribunal sentenced 19 people, including Lutfozzaman Babar and former deputy education minister Abdus Salam Pintu, to death.
Besides, 19 others, including BNP’s acting chairman Tarique Rahman, were handed life imprisonment sentences, while 11 accused received various terms of imprisonment and fines.
2 days ago
Babar among 6 acquitted in ten-truck arms haul case
The High Court (HC) on Wednesday acquitted six death-row convicts, including former state minister for home affairs Lutfozzaman Babar, in the sensational 10-truck arms haul cases.
The HC bench of Justice Mustafa Zaman Islam and Justice Nasreen Akter passed the order.
The court also commuted the death sentence of six convicts to 10 years' imprisonment in the case.
Indian separatist outfit United Liberation Front of Assam (ULFA) chief Paresh Barua, another death-row convict, had his sentence reduced to life imprisonment.
High Court rejects ex-NBR Official Matiur’s writ petition to travel abroad
The court also exempted former National Security Intelligence director general Abdur Rahim from the case.
The case dates back to April 1, 2004, when 10 truckloads of arms were seized at the Chittagong Urea Fertilizer Limited (CUFL) jetty.
Immunity provision in quick rental act illegal: High Court
Two cases – one under the Arms Act and another under the Special Powers Act – were filed with Karnaphuli Police Station the following day, naming 50 people as accused in the arms case and 52 in the other.
On January 30, 2014, Chattogram Metropolitan Sessions Judge SM Mujibur Rahman sentenced 14 people to death under the Special Powers Act. They were also handed life imprisonment and seven years' imprisonment each under two sections of the arms case.
The 14 sentenced to death included former Jamaat-e-Islami chief Motiur Rahman Nizami, former state minister for home Lutfozzaman Babar, ULFA chief Paresh Barua, former DGFI director Maj Gen (retd) Rezzakul Haider Chowdhury, and former NSI director general Abdur Rahim. The charges were related to smuggling under the Special Powers Act.
Of these convicts, Motiur Rahman Nizami was executed in 2016 for crimes against humanity.
3 days ago
HC finds 15th amendment conflicting, clears path to restore caretaker govt
The High Court has observed that the Fifteenth Amendment to the Constitution of Bangladesh contradicted its fundamental framework and rendered key democratic principles compromised, emphasising that there is no legal bar to reinstating the caretaker government system.
A High Court bench comprising Justice Farah Mahbub and Justice Debasish Roy Chowdhury made the remarks while delivering its verdict on the much-debated Fifteenth Amendment and the abolition of the caretaker government system on Tuesday.
The court ruled that the amendment, while not entirely void, had undermined the Constitution’s fundamental structure.
Caretaker Issue: Verdict on validity of 15th Amendment today
In its observations, the High Court said that the core of the Constitution lies in democracy, which can only be ensured through free, fair, and credible elections.
It added that the caretaker government system, introduced through political consensus, had become an essential component of the Constitution’s basic framework.
“The beauty of the Constitution lies in empowering the people. The people are the source of all power,” the court noted in its judgment, reinforcing the necessity of a mechanism to preserve democratic values.
The High Court reiterated that the abolition of the caretaker government system disrupted the nation’s democratic structure, as it was originally enacted to ensure impartial elections and foster political stability. The court observed, “Caretaker governments were formed through political consensus and have since become a fundamental part of the Constitution’s foundation.”
ACC sues former ministers, their families over corruption
The ruling followed extensive hearings spanning 23 working days, during which key legal representatives from all concerned parties presented their arguments.
Attorney General Md Asaduzzaman and Deputy Attorney General Md Asad Uddin represented the state. Senior lawyer Dr Sharif Bhuiyan argued on behalf of the petitioners, including Badiul Alam Majumdar of SUJAN, while BNP’s counsel included senior lawyers Zainul Abedin, Barrister Badruddoza Badal, Barrister Ruhul Quddus Kajol, and Advocate Farzana Sharmin Putul. Jamaat-e-Islami was represented by Advocate Mohammad Shishir Monir and Barrister Ehsan Siddique, while Advocate Ishrat Hasan spoke for Insaniyat Biplob. Additionally, Barrister Junaid Ahmed Chowdhury appeared for four other petitioners, and Barrister Hamidul Misbah argued as an intervener.
Earlier, on December 5, the court had scheduled the verdict following the prolonged hearings on why the 15th Amendment, which abolished the caretaker government system, should not be declared illegal.
Writ petition seeking probe into graft allegations against 51 judges, other staff rejected
The caretaker government system, originally introduced to oversee impartial elections, was scrapped through the Fifteenth Amendment in 2011, a move that sparked criticism from various political quarters and civil society groups.
Legal and political analysts have noted that the High Court’s ruling opens the door for revisiting and restoring the caretaker government framework, a measure many believe is crucial to holding credible elections and ensuring the nation’s democratic stability.
4 days ago
Caretaker Issue: Verdict on validity of 15th Amendment today
The High Court is set to deliver its verdict today (Tuesday) on the validity of the 15th amendment to the Constitution, which abolished the caretaker government system.
The bench of Justice Farah Mahbub and Justice Debasish Roy Chowdhury will pronounce the verdict as hearings concluded earlier this month.
On December 4, the court concluded the hearing of two writ petitions challenging the legitimacy of the 15th amendment.
Graft in RNPP project: HC issues rule over ACC’s inaction in probe
Several political entities, including the BNP and Jamaat-e-Islami, were involved in the petitions, with most of them advocating for the reinstatement of the caretaker government system.
The 15th Amendment, passed by the ruling Awami League on June 30, 2011, formally abolished the provision of the caretaker government system.
The amendment also included a provision imposing the death penalty for the unlawful usurpation of state power, categorising it as treason.
Writ petition seeking probe into graft allegations against 51 judges, other staff rejected
The amendment also altered the timeline for parliamentary elections, stipulating that elections must be held within 90 days after the end of a parliamentary term.
Previously, elections were required to be held in the 90 days preceding the end of the term.
In total, the 15th Amendment introduced 55 major and minor changes to the Constitution.
4 days ago
Writ petition seeking probe into graft allegations against 51 judges, other staff rejected
The High Court on Tuesday turned down a writ petition filed seeking investigation into allegations of graft against some 51 people including judges and staff of lower courts across the country.
The HC bench of Justice Farah Mahbub and Justice Debasish Roy Chowdhury passed the order after hearing the petition.
Advocate Md Amimul Ehsan Zobair, a Supreme Court lawyer, stood for the petition while Additional Attorney General Arshadur Rauf represented the state.
Writ seeks investigations into graft allegations against 51 judicial staff, inc judges
The court said they did not find any such ACC report based on which media published report about involvement of judges and staff of the lower courts in graft and it is not acceptable without cent percent assurance.
Advocate Md Amimul Ehsan Zobair filed the writ petition on Monday.
The Secretary of the Law Ministry, Registrar General of the Supreme Court, and the Chairman of Anti-Corruption Commission (ACC) were made respondents to the writ petition.
A report was published in a national daily headlined 'Unbelievable wealth of 51 judges and staff’ and the writ was filed attaching the newspaper report.
1 week ago
SC stays 7 year jail sentence of Tarique in money laundering case
The Appellate Division of the Supreme Court on Tuesday stayed a High Court order that had sentenced BNP acting chairman Tarique Rahman to seven years jail in a money laundering case.
The full bench of the Appellate Division led by Chief Justice Syed Refaat Ahmed passed the order after hearing a petition.
Barrister Kaisar Kamal and Barrister Sheikh Mohammad Zakir Hossain stood for the petitioner while Advocate Asif Hasan represented the Anti-Corruption Commission.
HC order declaring ‘Joy Bangla’ as national slogan suspended
Barrister Kaisar Kamal said the Appellate Division approve to move for a leave-to-appeal against the HC order and asked to submit the brief text of the verdict to the ACC within December 31.
The court also stayed the lower court order that had sentenced businessperson Gias Uddin Mamun in the same case.
ACC filed the case with Cantonment Police Station on October 26, 2009 and police submitted chargesheet against Tarique and Mamun on July 6, 2010.
Court pressed charges against them on August 8, 2011.
According to the case statement, Mamun siphoned off Tk 20,41,25,843 from Khadiza Islam, chairman of a construction company limited in the name of installing 80 MW power plant in Tongi.
Mamun deposited the money to his bank account in Singapore and Tarique spent Tk 3.78 crore from the money.
Palak placed on three-day remand again
On November 17, 2013, a lower court convicted Tarique and sentenced him to seven years of jail in the case.
The court also fined Mamun Tk 40 crore and asked the government to confiscate the money which was laundered to Singapore.
On December 5, 2013, the ACC filed an appeal on July 21, 2016.
The High Court sentenced Tarique to seven years imprisonment and fined him Tk 20 crore in the case.
It also upheld the lower order sentencing seven-year jail to Mamun.
1 week ago
HC order declaring ‘Joy Bangla’ as national slogan suspended
The Appellate Division has stayed the High Court order declaring “Joy Bangla” as the national slogan of Bangladesh.
A four-bench bench of the Appellate Division, led by Chief Justice Syed Refaat Ahmed, passed the order on Tuesday following a petition in this regrd.
Besides, the Appellate Division granted permission for the state to appeal against the High Court order, said Additional Attorney General Anik R Hossain, who represented the petitioners.
Writ seeks investigations into graft allegations against 51 judicial staff, inc judges
ON March 2, 2022, the then government issued a notification declaring 'Joy Bangla' as the national slogan of Bangladesh.
The decision came after the High Court on March 10, 2020, declared ‘Joy Bangla’ to be the national slogan of the country.
The High Court bench, led by Justices FRM Nazmul Ahasan and KM Kamrul Kader, passed the order after disposing of a rule issued on the matter.
HC verdict on 15th Amendment set for Dec 17
On December 4, 2017, the High Court had issued a rule after hearing a petition.
The rule questioned why ‘Joy Bangla’ should not be declared the national slogan.
1 week ago
Aman Ullah Aman gets acquittal in extortion case
The High Court has acquitted Aman Ullah Aman, an adviser to the BNP Chairperson), from a seven-year jail term handed down by a lower court in a case of alleged extortion.
A High Court bench comprising Justice AKM Asaduzzaman and Justice Syed Enayetur Rahim delivered the verdict on Thursday.
Senior advocates Barrister Mahbub Uddin Khokon and Nazmul Huda argued on behalf of Aman, with legal assistance from Tariq Bhuiyan.
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The case dates back to 6 March 2007, when a complaint was filed at the South Keraniganj Police Station by Rafiqul Alam, a resident of Purba Aganagar, accusing Aman of extortion.
The allegations are related to an incident on June 26, 2004, where Aman was accused of collecting Tk 5 lakh in two installments in 2005.
Aman was shown arrested in the case on March 7, 2007, and the trial court sentenced him on May 8, 2008 to seven years of rigorous imprisonment along with a Tk 1 lakh fine.
After the conviction, Aman appealed to the High Court in 2008, challenging the verdict. After a prolonged legal battle, the High Court's decision now clears him of the charges.
2 weeks ago
HC verdict on 15th Amendment set for Dec 17
The High Court has set December 17 for the verdict on a rule issued regarding the validity of the 15th Amendment of the Constitution, which abolished the caretaker government system.
A High Court bench comprising Justice Farah Mahbub and Justice Debashish Roy Chowdhury announced the date for the ruling.
Attorney General Mohammad Asaduzzaman and Deputy Attorney General Mohammad Asad Uddin represented the state during the proceedings.
HC orders Harris Chowdhury’s burial with state honour
Senior lawyer Dr. Sharif Bhuiyan presented arguments on behalf of the petitioner, Badiul Alam Majumdar, representative of Shushashoner Jonno Nagorik.
The BNP was represented by senior lawyers, including Zainul Abedin, Barrister Badaruddin Badal, Barrister Ruhul Quddus Kajal, and Advocate Farzana Sharmin Putul.
Advocate Mohammad Shishir Monir and Barrister Ehsan Siddique argued on behalf of Jamaat-e-Islami.
Earlier, the rule was issued to address the legality of the 15th Amendment and the abolition of the caretaker government system. BNP's Secretary-General Mirza Fakhrul Islam Alamgir and Jamaat-e-Islami's Secretary-General Mia Golam Parwar had joined the proceedings as parties in favor.
2 weeks ago
HC orders Harris Chowdhury’s burial with state honour
The High Court has ordered the burial of BNP leader Abul Harris Chowdhury with state honour as a freedom fighter, following a DNA test that confirmed his identity.
Justice Fahmida Kader and Justice Mobina Asaf’s HC bench issued the order on Wednesday after receiving a report related to a writ petition filed by Chowdhury’s daughter Barrister Samira Tanzin.
The DNA test, conducted after exhuming his body, confirmed that the person buried under the name “Mahmudur Rahman” in the Jamia Khatamun Nabiyyin Madrasa cemetery in Savar, Dhaka, was indeed Harris Chowdhury.
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Authorities are currently holding his body at the Dhaka Medical College morgue, and they will transfer it to his family graveyard in Kanaighat of Sylhet, for burial.
Samira expressed her relief, highlighting the long-standing questions and doubts surrounding her father’s death. “As a child, it is deeply tragic and painful to have doubts about my father’s death. People still ask if he really died. We are being harassed. That is why we turned to the court to end this,” she said.
The court issued a rule to ensure authorities would issue a death certificate in his name, withdraw the Interpol red notice against him, and arrange for his burial with the proper recognition as a ‘heroic’ freedom fighter.
This case dates back to 2021 when reports revealed that Harris Chowdhury had been buried under the name ‘Mahmudur Rahman’ on September 4 of that year.
2 weeks ago