High Court
Writ petition seeking division in jail filed to HC for Mirza Fakhrul, Abbas
A writ petition seeking first class facility in jail for BNP Secretary General Mirza Fakhrul Islam Alamgir and Standing Committee member Mirza Abbas was filed Tuesday with the High Court.
The petition was submitted to the bench of Justice KM Kamrul Kader and Justice Mohammad Ali.
Mirza Fakhrul’s wife Rahat Ara Begum, Mirza Abbas’ wife Afroza Abbas and advocate AJ Mohammad Ali submitted the petition.
Raising the petition for hearing on Tuesday advocate Ali said “This is a very urgent matter. Two former ministers have not been given division in jail.”
Read more: 224 BNP leaders including Fakhrul, Mirza Abbas denied bail
Later, the bench scheduled the hearing on the petition at 3:00 pm onTuFakhrul, Abbas sent to jail ahead of BNP’s Dhaka rallyesday.
In the early hours of Friday, a team of Detective Branch (DB) of police picked up Fakhrul and Abbas from their homes in separate raids in the capital city.
Later, they were arrested in a case filed over the clash between police and the party activists in the capital’s Nayapaltan.
Read more: Fakhrul, Abbas sent to jail ahead of BNP’s Dhaka rally
On Monday, a Dhaka court rejected the bail petition of 224 leaders and activists of BNP, including Fakhrul and Abbas, and sent them to jail, pending further legal procedures.
HC issues contempt of court rule against 4 including Rajuk chairman
The High Court on Monday issued a contempt of court rule against four people, including chairman of Rajdhani Unnayan Kartripakkha (Rajuk) Md Anisur Rahman Miah, for not implementing its directive to remove unauthorized commercial establishments from the residential area of Dhanmondi.
The bench of Justice JBM Hassan and Justice Razik-Al-Jalil issued the rule after a hearing on a contempt of court petition filed by a rights organisation Human Rights and Peace for Bangladesh.
The other three accused are--the Housing and Public Works Secretary Kazi Wasi Uddin, Rajuk's former engineer Md Shah Alam, and authorised officer Nuruzzaman Hossain.
Senior advocate Manzill Murshid appeared for the petitioner, while deputy attorney general Tushar Kanti Roy represented the state.
Read more: HC asks ACC to let it know progress of probe against Wasa MD
Following a writ petition filed by two residents of the area, the HC on June 11, 2012 declared all commercial operations in Dhanmondi residential area illegal and directed authorities to remove such institutions.
The High Court issued a ruling on the preliminary hearing of this writ on February 2 of the same year. At the same time, an interim ban was placed on setting up and approving new schools, colleges and business establishments in Dhanmondi residential area.
Lawyer Manzill Murshid said that the court directed the defendants including Rajuk to remove unauthorized commercial establishments from Dhanmondi residential area and to remove some branches of Maple Leaf International School.
He said that officials have not implemented the HC directive issued in 2012 regarding removal of all commercial institutions from Dhanmondi residential area which is tantamount to contempt of court.
Appellate Division gets 3 more judges
Three judges of the High Court have been appointed as judges to the Appellate Division of the Supreme Court on Thursday, raising the number of total judges in the Appellate Division to nine.
The newly appointed judges are Justice Md Ashfaqul Islam, Justice Md Abu Zafor Siddique and Justice Md Jahangir Hossain.
Read more: 3 new Appellate Division Judges take oath
The Law, Justice and Parliamentary Affairs Ministry issued a gazette notification in this regard on Thursday after President Abdul Hamid appointed them.
The appointment of the judges will come into effect once they take oath.
Currently, there are six judges in the Appellate Division, and Chief Justice Hasan Foez Siddique administered their oath at 4:00 pm on Thursday.
August 21 grenade attack: HC starts hearing on death references, convicts’ appeals
The High Court on Monday started the hearing on the death references and appeals of the convicts in a murder case over the August 21 grenade attack on an Awami League rally in 2004.
The hearing started at the HC bench of Justice Sahidul Karim and Justice Md Mostafizur Rahman in the morning.
State counsel Attorney General Abu Mohammad (AM) Amin Uddin gave his statement on the death references at the court.
Read more: ‘Should I hold dialogue with Khaleda, Tarique who wanted to kill me with grenade attack?’
A Dhaka court on October 10, 2018, sentenced 19 people, including former state minister for home affairs Lutfozzaman Babar, to death in the case.
The others who were sentenced to death are then DGFI Director Major General (retd) Rezzakul Haider Chowdhury, then NSI Brigadier General (retd) Abdur Rahim, Mohammad Hanif, Mohammad Rafiqul Islam, Sheikh Abdus Salam, Abdul Mazed, Maulana Shawkat Osman, Mahibullah alias Mafizur Rahman, Maulana Abu Taher, Maulana Abu Sayeed, Mohammad Jahangir Alam, Abul Kalam Azad, Mainuddin Sheikh alias Abu Zandal, Ujjal alias Ratan, Hossain Ahmed Tanim, Sheikh Abdus Salam and Abdul Malek.
All of the condemned convicts were also fined Tk 1 lakh each.
Tarique Rahman, the eldest son of BNP Chairperson Khaleda Zia, and 18 others were sentenced to life in prison.
On October 28, the same year, the case documents along with the judgment copy was sent to the High Court for it to approve the death sentence of the accused.
The death reference wing of the High Court scrutinized and prepared the paper book of the respective case, which implies the case is ready for hearing.
On August 16, last year, the paperbook of the grenade attack case reached the Supreme Court.
Then the Attorney General applied to the Chief Justice for a speedy hearing of the death references and appeals.
Read more: August 21 grenade attack planned in Hawa Bhaban: Joy
August 21 grenade attack case trial
On August 21, 2004, a grenade attack was carried out on an Awami League rally at Bangabandhu Avenue when the BNP-Jamaat alliance was in office. Sheikh Hasina, then leader of the opposition, was apparently the target.
Although Sheikh Hasina fortunately escaped the attack unhurt, her hearing was affected badly.
At least 13 grenades were thrown from the rooftops of a nearby building soon after Sheikh Hasina had finished her speech at the rally.
Then the two cases -- one under the Explosive Substances Act and another for murder -- were filed in connection with the grenade attack.
The then BNP-led government formed a one-member investigation committee comprising of High Court Justice Jainul Abedin on August 22, 2004.
As the Criminal Investigation Department (CID) was later assigned to deal with the cases, they made a cooked-up story of Joj Mia and arrested him with 20 other people in connection with the incident in June 2005.
During the remand period, CID collected a false confession from Joj Mia, in which he said that he had taken part in the grenade attack in exchange of Tk 5000 following the orders of his big brothers.
Read more: Will seek Tarique’s capital punishment in grenade attack case: Quader
On June 11, 2008, CID assistant police superintendent Fazlul Kabir submitted two separate charge-sheets in the two cases, accusing 22 people, including Harkat-ul-Jihad-al-Islami operations commander Mufti Abdul Hannan and Abdus Salam Pintu, where Joj Mia was proven not guilty.
A court on August 3, 2009 ordered further investigation into the cases following petitions filed by the prosecution after the Awami League came to power.
In July, 2011, a supplementary charge-sheet was submitted accusing 30 more people, including Tarique Rahman, former state minister for home Lutfozzaman Babar, Abul Harris Chowdhury and the Ali Ahsan Mohammad Mojaheed.
Of the charge-sheeted accused, Jamaat secretary general Ali Ahsan Mohammad Mojaheed, and militant leaders Mufti Abdul Hannan and Sharif Shahedul Alam alias Bipul--were dropped from the cases as they had been executed after convictions in other cases.
Tk 30,000cr loan from Islami Bank: HC asks S Alam Group to explain reports
The High Court today ordered the authorities concerned to probe into the much talked about and reported “loan scam” in three banks – Islami Bank, Social Islami Bank Ltd and First Security Islami Bank – and submit the report within next four months.
The HC bench of Justice Md Nazrul Islam Talukder and Justice Khizir Hayat passed the order after issuing a Suo Motu (voluntary) rule following newspaper reports.
The court directed Bangladesh Bank’s Bangladesh Financial Intelligence Unit (BFIU), Anti-Corruption Commission (ACC) and Bangladesh Police’s Criminal Investigation Department (CID) to submit the probe report.
Read: Basic Bank loan scam: HC orders ACC to complete probe in 3 months
At the same time, the court ordered the authorities of these three banks to submit the list of bank officials involved in approving loans worth thousands of crores of taka.
The HC also issued a rule, asking why the inaction of the banks to take action against those responsible for approving loans worth thousands of crores and S Alam Group’s Tk 30,000 loan should not be declared illegal.
The rule also asked why no instructions should be given to take action against those responsible.
Read: Loan default case: 12 Pabna farmers get bail
Besides, the HC bench asked S Alam Group to explain the newspaper reports that said the company took Tk 30,000 crore from Islami Bank.
The court also set April 5 next year for the hearing and asked to submit the report after verifying the authenticity of the news published.
Advocate Khurshid Alam Khan for ACC and Deputy Attorney General AKM Amin Uddin Manik for the state were present in the court.
Read More: Loan default case: 12 Pabna farmers get bail
On November 24, a report was published in the daily Prothom Alo stating that an “unscrupulous group” had taken a loan of Tk 2,000 crore from Islami Bank Bangladesh Limited (IBBL) by opening two companies with fake addresses and papers.
In all, about Tk 7,000 crore loans have been approved from Islami Bank in various ways in the name of eight companies this year.
The maximum amount of loan, Tk 2,460 crore, was withdrawn from November 1 to 17, according to the newspaper report.
Read More: Women entrepreneurs repay loans in most cases: Commerce Minister
In the same way, the companies have withdrawn Tk 2,320 crore loan from Social Islami Bank Limited (SIBL) and the First Security Islami Bank.
As a result, the debt of the companies with interest to these three banks has increased to Tk 9,500 crores, it added.
Meanwhile, another report published in the New Age newspaper on November 29 said that S Alam Group alone has taken loan of Tk 30,000 crore from Islami Bank.
Read More: Payment of Hajj Finance Loan and DPS Instalment through Nagad
HC orders govt to submit documents of house occupied by Salam Murshedi
The High Court(HC) has asked the Secretary of the Ministry of Public Works and Rajdhani Unnayan Kartripokkho (Rajuk) to submit the records and probe report of the house which is alleged to be occupied by former footballer and Member of parliament (MP) Abdus Salam Murshedi within January 16.
A HC bench of justices Md Nazrul Islam Talukder and Khijir Hayat passed the order on Thursday.
The HC has also ordered the Ministry and Rajuk to submit the probe report to the Anti-Corruption Commission (ACC).
During the hearing, Attorney General AM Amin Uddin stood for the Ministry, Khurshid Alam Khan stood for ACC, Saeed Ahmed Raja represented Murshedi and Anik R Haque represented petitioner Syed Sayedul Haque Sumon.
Read: High Court asks government to urgently appoint five recommended BCS cadres
On October 30, Sumon filed a writ petition accusing Murshedi of occupying the deserted house and asking for an investigation.
On November 1, the HC issued a rule in this regard, asking the defendants to submit the records of the house as affidavits within 10 days.
After extending the deadline twice on November 13 and November 27, the HC fixed December 1 for submitting the records. Today’s hearing was a consequence of these extensions.
Besides, various media outlets published news today blaming Murshedi for illegally occupying the house through forgery.
“The whole matter is currently under trial but the media have published news accusing Murshedi of occupation, which is like giving a decision,” said Amin during the hearing.
Read: Termination of 3 Khulna University teachers illegal: High Court
Murshedi’s lawyer Saeed said that the way the news have been published is one kind of media trial.
Later, the HC gave a directive to the media not to publish such news that touches on the contents of the petition, while stating that the media will have complete freedom to write about court procedures.
High Court asks government to urgently appoint five recommended BCS cadres
The High Court Thursday asked the government to urgently appoint five candidates who were recommended for different cadre positions after taking the Bangladesh Civil Service (BCS) exams.
The HC bench of Justice Zubayer Rahman Chowdhury and Justice Ebadot Hossain gave the order after hearing five separate writ petitions filed by as many candidates.
The court asked the government to appoint Md Shafayet Hossain from 33rd BCS, Shaheen Sultana from 34th, Md Arifuzzaman from 35th, and Md Saiful Islam and Mehrin Akhter Sarwar from 39th.
Deputy Attorney General KM Masud Rumi represented the state and Md Siddique Ullah Miah stood for the petitioners during the hearing.
Read: 45th BCS circular published; applications open December 10
Siddique said despite the Bangladesh Public Service Commission's recommendation to the government to appoint his clients, the authorities neither appointed them nor provided an explanation for why they were not recruited.
Appellate Division stays HC order barring banks, financial institutions to file cheque dishonour case
The Appellate Division on Thursday stayed the High Court order that barred banks and financial institutions from filing any case against any person over cheque dishonor.
A five-member bench of the Appellate Division led by Chief Justice Hasan Foyez Siddiqui passed the order following a petition filed by Brac Bank.
The Appellate Division stayed the HC order for two months.
On November 23, HC ordered that banks and financial institutions will not be allowed to file any case against any person over cheque dishonor.
Read more: Arresting govt employees: Appellate Division clears way for regular appeal against HC verdict
At the same time, the court ordered stopping the proceedings of all check dishonor cases pending in the trial court.
However, a case can be filed in the Money Loan Court only under the Money Loan Act of 2003 for loan recovery, the HC said.
HC also instructed the lower courts to dismiss of the cheque dishonour cases filed by any banks or financial institutions and send those to the Money Loan court.
Brac Bank authorities filed a petition with the Appellate Division seeking stay on the HC order.
On November 28, Chamber Judge of the Appellate Division M Enayetur Rahim sent the petition for hearing in the full bench without staying the HC order.
On June 20 in 2016, Mohammad Ali, a small businessman of Brahmanbaria, was sentenced to six-month imprisonment and fined Tk 2.95 lakh in a cheque dishonour case.
On July 27 in 2015, Brac Bank filed the cheque dishonour case against Mohammad Ali.
Read more: Wrongful imprisonment: Appellate Division orders Brac Bank to compensate Jaha Alam
Ali appealed to the HC against the judgment.
The HC relieved him of the imprisonment and ordered him to pay back 50 percent of the loan within the next 10 days, said his counsel Advocate Abdullah Al Baki.
HC upholds bdnews24.com editor’s bail order
The High Court (HC) on Thursday upheld the trial court’s order granting bail to bdnews24.com Editor-in-Chief Toufique Imrose Khalidi in a case filed by the Anti-Corruption Commission (ACC) accusing the journalist of amassing wealth illegally.
The HC bench of Justice Md Nazrul Islam Talukder and Justice Khizir Hayat passed the order after disposing of the rule seeking cancelation of the bail order.
Read more: Top court upholds bdnews24.com editor’s anticipatory bail order
However, he will have to seek permission from the trial court for going abroad.
Senior lawyer Yusuf Hussain Humayun, advocate Shahriar Kabir and barrister Mahbub Shafiq appeared for Khalidi in the court while Advocate Khurshid Alam Khan represented the ACC.
ACC Deputy Director Gulshan Anowar filed the case on July 30 in 2020.
According to the case statement, Khalidi has Tk 42 crore in different bank accounts which have no legal source.
On August 26, the High Court granted anticipatory bail to Khalidi for eight weeks.
Later, the ACC filed the petition with the Appellate Division challenging the HC order. However, the Appellate Division upheld the HC order on September 21.
Read more: HC grants bail to ex-LGRD minister’s APS in money laundering case
On October 20, Khalidi surrendered to Dhaka Senior Special Judge's Court and sought bail. After the hearing, the court granted him interim bail till November 25.
On November 25, the court granted him the permanent bail.
Later on December 8, 2020, following ACC’s petition seeking cancellation of the bail order, the HC issued a rule questioning why the bail granted to bdnews24.com rditor by the trial court should not be canceled.
GM Quader can perform party activities: HC
The High Court on Tuesday cleared the way for Jatiya Party Chairman GM Quader to perform the duties of his post.
The HC bench of Justice Sheikh Abdul Awal passed the order following a revision petition filed by Quader challenging the lower court order, his lawyer Sheikh Muhammed Serajul Islam, said.
There is no legal bar for GM Quader to perform the duties of Jatiya Party chairman following the HC order, he said.
Read more: JP: Court clears petition on withdrawal of ban of GM Quader’s party activities
Advocate Sheikh Muhammad Sirajul Islam stood in the court on behalf of GM Quader while Deputy Attorney General Sahida Khatun, Assistant Attorney General Kohinoor Akhtar and Sabina Parveen represented the state.
Jatiya Party's suspended leader and former lawmaker Ziaul Haque Mridha filed the case against GM Quader on October 4 and the court on October 31 had issued the order.
On October 6, several lawyers including Sheikh Sirajul Islam and Kalim Ullah Majumdar stood for GM Quader with a petition to withdraw the ban on his political activities at the court.
In the petition, the lawyers also urged the court to lift the embargo to play his role as Chairman as per the constitution of the party.
Dhaka Joint District Sessions Judge court-1 issued a temporary embargo on the political activities of GM Quader after the plaintiff of the case lodged a petition on October 31.
The party-backed lawmaker Mashiur Rahman Ranga filed another case against four people including GM Quader on the same demand at the same court on October 3.
Read more: Govt cheating nation in name of development before democracy: GM Quader
According to the case statement, the party’s founder HM Ershad died on September 14, 2019.
Quader declared himself as chairman of the party through forgery at a council on December 28, 2019 when a writ petition case was pending at the High Court.
Later, Quader as party chairman fired several leaders including Ranga, Gazipur metropolitan unit’s advisor Ataur Rahman Sarkar and Organising Secretary Sabur Sikdar, among others, by exercising his power as per the constitution of the party.
Besides, Ranga was also removed from the post of presidium member of the party on September 14 and Advocate Ziaul Hoque Mridha from the party on September 17.
In the case, orders were sought to declare all removals from December 28, 2019, to September 17, 2022 and council as illegal while the next council of the party to keep stayed unless the HC writ petition is disposed of.