High Court
Status quo on Nagad admin’s activities until final verdict: HC
The High Court has extended the status quo on Nagad’s administrator until the final order is made, thus preventing Bangladesh Bank-appointed administrator and management board from taking any fresh action beyond regular business operations.
The order was issued on Wednesday (Jan 15) by a bench of Justice Farah Mahbub and Justice Debasish Roy Chowdhury, which also stated that a final verdict on the matter will come by January 30, 2025.
Earlier on December 18, 2024, the High Court imposed a two-week status quo on all activities of the administrator appointed in Nagad.
When contacted, Assistant Attorney General Muzahedul Islam Shahin has said a writ petition concerning Bangladesh Bank and Nagad is currently under judicial consideration, and a status quo order is in place regarding Nagad.
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Barrister Muhammad Nawaz Jamir, representing Nagad, said, “The Honorable High Court has issued an order maintaining status quo on administrative activities concerning Nagad. This restricts any new decisions from being implemented until the final judgment is rendered. The court also observed that Bangladesh Bank has engaged in several illegal actions. Once the final judgment is delivered, these actions will be reversed, and appropriate legal measures will be taken.”
Led by Barrister Muhammad Jamiruddin Sircar, some other senior lawyer Advocate Md Abul Kalam Khan (Daud), Advocate Md Ziaur Rahman and Advocate Md Jamilur Rahman represented Nagad during the hearing.
The legal dispute began in September soon after the Bangladesh Bank appointed Muhammad Badiuzzaman Dider as Nagad’s administrator on August 21, 2024.
The banking regulator also dissolved Nagad’s previous board and reconstituted it with the beneficiary group of the competitor company.
The Bangladesh Bank did all these things in Nagad under the Payment and Settlement System Act 2024, although that act was not gazetted till that time.
Challenging all these activities, Md Shafayet Alam, an executive director of Nagad, filed the writ petition with the High Court. After the hearing, the High Court also issued a rule nisi, questioning the legality of the administrator’s appointment.
Meanwhile, the High Court on Wednesday extended the status quo on all internal affairs of Nagad’s administrator.
103 minutes ago
HC orders action to curb air pollution in Dhaka in 7 days
The High Court has directed the authorities concerned to take effective steps to mitigate air pollution in Dhaka and implement nine previous directives within seven days.
The bench of Justice Farah Mahbub and Justice Debashish Roy Chowdhury passed the order on Sunday and asked the authorities to submit report to the court by January 26.
Senior Advocate Manzil Morshed, representing the petitioner, appeared before the court alongside Advocates Sanjay Mondal and Salim Reza, while Deputy Attorney General Tanim Khan represented the state.
The petition was originally filed in 2019 by Human Rights and Peace for Bangladesh (HRPB) seeking urgent action to combat air pollution in the capital.
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Following the petition, the court issued a rule and asked the authorities to form an expert committee and take preventive measures.
Despite some progress in reducing air pollution by mid-2023, Dhaka recently topped global rankings for poor air quality again due to lax enforcement of court instructions, said Advocate Manzil Morshed.
The court reiterated its nine-point directives for immediate implementation:
Those are covering soil, sand and waste transported by trucks or other vehicles, ensuring construction materials such as soil, sand and cement are covered, sprinkling water on roads regularly by city corporations and ensuring compliance with tender conditions for road and construction works.
Seizing vehicles emitting black smoke, halting the movement of vehicles past their permissible lifespan under the Road Transport Act, closing illegal brick kilns and shutting down unlicensed tire factories and ensuring proper disposal of market and shop waste by the city corporation were among those.
Advocate Morshed said although the court’s directives had been partially implemented consistent failures have allowed air pollution to reach alarming levels again.
3 days ago
Clash on Ijtema ground: 21 including Saad’s follower get anticipatory bail
The High Court on Wednesday granted anticipatory bail to 21 people including Syed Wasiful, a follower of Maulana Saad Kandlavi, in a case over the violent clashes between two factions of Tabligh Jamaat at the Biswa Ijtema ground in Tongi.
The High Court bench of Justice Mohammad Mahbub-ul Islam and Justice Md Hamidur Rahman granted the bail till the submission of the police report when they sought bail after appearing before the court.
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Senior lawyer Abdullah Al Mamun stood for them.
Four people were killed and 40 were injured in a clash between two factions of Tabligh Jamaat at the Biswa Ijtema ground in Tongi on December 18, 2024.
On December 19, Maulana Zubair's follower M Alam Hossain filed the murder case against 29 people at the Tongi West Police Station naming Wasiful Islam as the main accused.
1 week ago
SC upholds dismissal of extortion cases against Tarique Rahman
The Appellate Division on Sunday upheld a High Court order that dismissed four extortion cases filed against BNP acting Chairman Tarique Rahman with several police stations in Dhaka.
A four-member bench led by Justice Md Ashfaqul Islam passed the order rejecting the leave-to-appeals submitted by the state earlier.
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Additional Attorney General Barrister Anik R Haq representing the state during the hearing confirmed the matter, saying that the appeals were rejected.
In 2007, several people filed extortion cases against the BNP’s acting chairman with Gulshan, Kafrul, Shahbagh and Dhanmondi police station during the army-backed caretaker government.
Petitions were filed with the High Court challenging the legality of the cases following the section 56 (Ka) of the Code of Criminal Procedure.
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On October 23, a dual bench of the HC comprising Justice AKM Asaduzzaman and Justice Syed Enayet Hossain cancelled the procedures of the four cases.
Later, the state submitted separate leave-to-appeals with the Appellate Division in this regard.
As per the schedule, the Appellate Division held the hearing on Sunday and delivered the order.
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1 week ago
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.
3 weeks 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.
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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.
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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.
4 weeks 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.”
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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 weeks 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.
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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 weeks 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 month 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.
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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.
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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 month ago