High Court
Tk 3,700cr Embezzlement: HC wants to know steps taken against 5 Bangladesh Bank deputy governors
The High Court today asked the Anti-Corruption Commission (ACC) to inform on the steps taken by Bangladesh Bank against its 5 accused deputy governors and other officials involved in the embezzlement of Tk 3,700 crore.
The court asked the ACC to inform on the steps within October 27.
The HC bench of Justice Nazrul Islam Talukder and Khijir Hayat verbally pronounced the order, after taking a recently published report in daily newspaper ‘Kalbela’ into cognizance.
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Lawyer Khurshid Alam Khan represented the ACC during the hearing while Deputy Attorney General AKM Amin Uddin represented the state.
DAG Amin Uddin said the bench asked the lawyers to read the report and present their statements before the hearing began today.
According to the report, 249 officials of Bangladesh Bank, including five deputy governors, were involvement with the financial scam of Bangladesh Industrial Finance Company Ltd (BIFC) and International Leasing and Financial Services Ltd (ILFSL).
With the help of these officials of three departments of the central bank, Prashanta Kumar Halder and Major (retd) Mannan embezzled a hefty amount of money which was revealed in a report of a high-powered probe committee formed at the directive of the High Court.
Two reports in this regard have already been submitted to the central bank’s governor, it said.
Tk 3700 crore was embezzled, taking loans from 2 capital market-enlisted financial organizations: BIFC and ILFSL. Out of this, from ILFSL, Tk 3,130 crore was taken against the name of PK Halder, who is currently imprisoned in India, and his various organizations. From BIFC, Major (retd) Abdul Mannan, Secretary General of Bikalpa Dhara Bangladesh, and his organization embezzled Tk 600 crore.
This plundering was going on for several years but the insiders of these organization and the responsible officials of Bangladesh Bank remained silent about the matter, said the report.
Read:Govt securities to trial trading in secondary market next week: Bangladesh Bank Governor
Three deputy governors, 6 executive directors, 11 general managers (GMs) and 15 deputy general managers (DGMs) and 124 other officials at various levels who served in the Financial Institutions and Markets Department of Bangladesh Bank from 2009 to 2020 were held responsible in the report.
Besides, a total of 51 people including two deputy governors and executive directors of the Bank and Financial Institutions Inspection Department have been held responsible.
Also name of two deputy governors, eight executive directors, five GMs and a total of 29 officials of the financial institution inspection department came up in this report.
High court’s directive sought to ban export of Hilsa to India
A lawyer on Tuesday filed a writ petition seeking the High Court’s directive to authorities concerned to permanently ban the export of hilsa fish to neighbouring India.
Supreme Court Advocate Md Mahmudul Hasan filed petition saying that low-priced export of hilsa to India has made the national fish pricier in Bangladesh.
The writ petition also sought issuance of a rule as to why the inaction of the authorities concerned in halting the export of hilsa to India at a low price should not be declared illegal.
Besides, the writ sought HC’s directions on the Tourism Corporation to work on the development of hilsa-centric tourism.
Commerce secretary, Fisheries and Livestock secretary, Foreign Secretary, Civil Aviation and Tourism secretary, National Board of Revenue (NBR) chairperson, office of Chief Controller of Imports and Exports and Tourism Corporation chairperson were made respondents to the writ petition.
On September 11, the same SC lawyer served a legal notice on the government to halt export of hilsa, a sought-after fish, to India in next seven days.
According to the constitution of Bangladesh, ensuring food security for the public is one of the main duties of the government. On the other hand, it is the constitutional duty of the respondents to always act in the interests of the people, said the petitioner.
By exporting hilsa to India at a lower price than in the domestic market, those concerned, including the Commerce Ministry, have violated the country's constitution, stated in the writ.
They have hampered the food security and acted against the interest of the people.
According to export policy 2021-24, hilsa fish is not a freely exportable product, it added.
Poor people in the country cannot think of buying hilsa from River Padma while middle class people also struggle due to its high price as a limited amount of fish can be harvested from there.
In Bangladesh markets hilsa, known as silver pride of Bangladesh, is being sold at Tk 1,600 to 1,800 per kg, while it is exported to India at $ 10 per kg (Tk 950), said the writ.
The commerce ministry has allowed the export of hilsa to India ignoring the public interest, said the SC lawyer.
Gaibandha child murder: HC upholds death sentence of one
The High Court on Tuesday upheld the death sentence of a man in connection with the killing of a child after abduction in 2010 in Gaibandha district.
The HC bench of Justice ANM Bashir Ullah and Justice Muhammad Mahbub Ul Islam upheld death sentence of Zahid, son of Siddique Mia of Gaibandha district, after hearing the appeal petition.
The HC also acquitted two more accused—Pavel, son of Majibur Rahman and Rubel, son of Biltu Mia of Pirgachha village—of the charges.
Advocate SM Shahjahan and AK Khan Ujjal stood for the accused while deputy attorney general Sujit Chatarji Bappi represented the state.
According to the prosecution, the three accused abducted Tasin Mia alias Arnab, 5, grandson of Nazrul Islam Madhu of Pirgachha village in Sadar upazila on July 27, 2010.
Later, they made a phone call to Tasin’s mother and demanded Tk 10 lakh as ransom for his release.
Failing to realise the ransom money, the accused strangulated Tasin to death and dumped the body into a pond.
Father of Tasin lodged a complaint against ten people with Sadar Police the following day.
On January 26, 2017, Gaibandha Woman and Child Repression Tribunal Judge Ratneshwar Bhattacharya sentenced three people to death in the case and acquitted seven others as allegations brought against them could not be proved.
The accused filed petitions against the lower court judgment.
New High Court judges call on president at Bangabhaban
The newly appointed judges of the High Court Division of the Supreme Court of Bangladesh met the President Abdul Hamid at Bangabhaban this evening.
The newly appointed judges are Justice Mohammad Shawkat Ullah Chowdhury, Justice Md Atabullah, Justice Biswajit Debnath, Justice Md Aminul Islam, Justice Md Ali Reza, Justice Md Bazlur Rahman, Justice KM Imrul Kayesh, Justice Fahmida Quader, Justice Md Bashir Ullah, Justice SM Masud Hossain Dolan and Justice AKM Rabiul Hasan.
President's Press Secretary Zainal Abedin said in the briefing that congratulating the new judges of the High Court, President Hamid hoped that the new judges would utilize their talent and experience so that the people get justice quickly.
Mentioning the high expectations of the people towards the judiciary, the President stressed on increasing the use of modern technology in the judicial process to meet the expectations of the people.
Secretaries of the President were present at this time.
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HC orders BFIU to form research cell to bring back laundered money
The High Court (HC) on Wednesday ordered the head of Bangladesh Financial Intelligence Unit (BFIU) to form a research cell to prevent money laundering, bring back laundered money, monitor and control it.
HC bench of Justice Md Nazrul Islam Talukder and Justice Khizir Hayat passed the order after fixing October 26 for next hearing.
BFIU head Md Masud Biswas was also directed to submit a progress report regarding the formation of Research Cell by the next hearing.
The court said only exchange of letters will not be effective to bring back the laundered money.
HC asked the BFIU head, “You must take necessary effective steps. You need to monitor this issue properly. You must have knowledge and sincerity to this effect. If India can do it, why can't we?”
The BFIU head appeared before the HC bench today (Wednesday) after being summoned on Tuesday.
He also offered unconditional apology for submitting an incomplete report regarding the information of money deposited by Bangladeshis to Swiss Banks that contains no name, address or position of the person who submitted the same, said Deputy Attorney General AKM Amin Uddin.
The court had observed that submitting such a report is like taking an action but without any responsibility.
Read: HC summons BFIU chief over 'incomplete report' on black money in Swiss banks
DAG Amin Uddin and Assistant Attorney General Anna Khanam Koli represented the state while advocate Khurshid Alam Khan appeared for the Anti-Corruption Commission (ACC) during the hearing.
On August 10, the Swiss ambassador in Dhaka Nathalie Chuard said that they have been providing the Bangladesh government with all information regarding deposits of Bangladeshi money in Swiss banks, "but no request has been submitted regarding any particular account".
On August 11, the HC bench ordered the government and the ACC to explain why the government didn’t seek information of deposits of Bangladesh money stashed in Swiss banks.
On August 14, BFIU was asked to submit a report in this regard in the affidavit form.
On August 21, following the HC order, BFIU’s report was submitted stating that the information regarding deposits of 67 Bangladeshis in various Swiss banks was sought from the authorities concerned in Bern.
But the Swiss authorities only provided the details of one individual in this regard which BFIU also submitted to the ACC, BFIU said in its report.
According to the report, the Swiss bank published its annual report on June 16 this year. On the following day, the Swiss authorities were requested to provide necessary information about the money deposited by Bangladeshi banks and individuals in various Swiss banks through Egmont Secure Web (ESW).
However, Bangladesh has not yet received any information. BFIU even asked FIEU for this information on June 17 last, it added.
HC summons BFIU chief over 'incomplete report' on black money in Swiss banks
The High Court has summoned the head of Bangladesh Financial Intelligence Unit (BFIU) to explain an "incomplete report" filed in compliance with the Swiss envoy’s comment on black money stashed in Swiss banks.
A bench of justices Md Nazrul Islam Talukder and Khizir Hayat passed the order on Tuesday, asking Md Masud Biswas to appear before it on Wednesday and explain the report -- filed in an affidavit form -- that contains no name, address or position of the person who submitted the same.
Submitting such a report is like taking an action but without any responsibility, the court observed during the hearing.
Deputy attorney general AKM Amin Uddin represented the state while advocate Khurshid Alam Khan appeared for the Anti-Corruption Commission (ACC) during the hearing.
Khurshid said the report submitted by BFIU was not appropriate as it does not mention who submitted it and also doesn't contain any signature. "The HC was disappointed with the report," he said.
On August 10, the Swiss ambassador in Dhaka Nathalie Chuard said that they have been providing the Bangladesh government with all information regarding deposits of Bangladeshi money in Swiss banks, "but no request has been submitted regarding any particular account".
Read:Bangladesh money in Swiss Banks: Swiss envoy’s comment is embarrassing: HC
On August 11, the HC bench ordered the government and the ACC to explain why the government didn’t seek information of deposits of Bangladesh money stashed in Swiss banks.
On August 14, BFIU was asked to submit a report in this regard in the affidavit form.
On August 21, following the HC order, BFIU’s report was submitted stating that the information regarding deposits of 67 Bangladeshis in various Swiss banks was sought from the authorities concerned in Bern.
But the Swiss authorities only provided the details of one individual in this regard which BFIU also submitted to the ACC, BFIU said in its report.
According to the report, the Swiss bank published its annual report on June 16 this year. On the following day, the Swiss authorities were requested to provide necessary information about the money deposited by Bangladeshi banks and individuals in various Swiss banks through Egmont Secure Web (ESW).
However, Bangladesh has not yet received any information. BFIU even asked FIEU for this information on June 17 last, it added.
Govt to appeal HC ruling on scrapping prior permission to arrest officials in criminal case
The government will appeal the High Court’s ruling that police would require no prior permission to arrest government officials in criminal cases,
This was stated by Farhad Hossain, state minister for public administration, in Parliament on Monday.
In its August 25 decision, the High Court struck down a provision in the 2018 Public Service Act that prevents police from arresting a government official for criminal offence without permission from higher authorities.
Speaking on a bill titled, Public Service (Amendment) Bill 2022, Farhad said that no indemnity had been given for the public servants for their personal crime.
He mentioned that the clause was inducted in the law to protect the public servants from unnecessary harassment and such a provision exist in many countries across the globe including India.
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The HC ruling came from the bench of justices Md Mozibur Rahman Miah and Kazi Md Ejarul Haque Akondo. The bench described the 2018 provision as "unconstitutional".
"Constitution is the country’s main law and as per the Constitution, everyone is equal in the eyes of the law," the court observed.
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"A section has been given special facilities by enacting the provision of getting prior permission to arrest government employees, which is sheer discrimination and violence of articles 26, 27 and 31 of the Constitution," the bench said.
On November 14, 2018, a gazette was issued on Public Service Act, 2018. It was published on September 26, 2019, and came into effect on October 1, 2019.
According to Section 41(1) of the Act, prior permission is needed from the government or higher authorities to arrest a government officer for a criminal offence.
On October 14, 2019, a writ petition was filed challenging the legality of Section 41 (1) of the Act.
Advocates Sarwar Ahad Chowdhury, Eklas Uddin Bhuiya and Mahbubul Islam filed the writ petition on behalf of the Human Rights and Peace for Bangladesh, an NGO.
On October 21, 2019, the High Court issued a rule asking the government to explain as to why Section 41 (1) of the Public Service Act should not be declared "illegal and contradictory to articles 26(1) and (2), 27 and 31 of the Constitution".
Encroachments on beach: HC summons Cox's Bazar DC on contempt charge
The High Court on Thursday summoned the deputy commissioner of Cox's Bazar district on contempt charge for failing to remove encroachments from the beach.
A division bench of justices JBM Hasan and Razik-Al-Jalil asked deputy commissioner Mamunur Rashid to appear in person on October 19 to explain the violation of the court's 2011 order.
The HC also issued a contempt of court rule against four others, including Cox's Bazar Development Authority chairman Lieutenant Colonel Forkan Ahmad (retired), asking the authorities concerned as to why no action should be taken against them.
The three other accused in the case are Cox's Bazar mayor Mujibur Rahman, deputy town planner Tanvir Hasan and SP Hasanuzzaman.
Read: Contempt of court rule issued against Cox's Bazar DC, SP
Advocate Manzil Morshed appeared for the petitioner, while deputy attorney general Tushar Kanti Roy represented the state.
On June 7 in 2011, HC ordered the authorities concerned to remove all illegal establishments from Cox’s Bazar beach within 24 hours and halt further construction, following a writ petition filed by Human Rights and Peace for Bangladesh (HRPB), an NGO.
However, the court order has not been implemented yet.
On February 7 this year, HRPB president Manzil Morshed, a lawyer by profession, issued a contempt of court notice. As no action was taken even after the notice, a contempt plea was filed in the HC.
No prior permission needed to arrest govt officials for criminal offence
Prior permission is no longer required in Bangladesh to arrest a government official for a criminal offence, the High Court ruled on Thursday.
A bench of justices Md Mozibur Rahman Miah and Kazi Md Ejarul Haque Akondo passed the order, after striking down a provision of the Public Service Act, 2018, describing it as "unconstitutional".
"Constitution is the country’s main law and as per the Constitution, everyone is equal in the eyes of the law," the court observed.
"A section has been given special facilities by enacting the provision of getting prior permission to arrest government employees, which is sheer discrimination and violence of articles 26, 27 and 31 of the Constitution," the bench said.
On November 14, 2018, a gazette was issued on Public Service Act, 2018. It was published on September 26, 2019, and came into effect on October 1, 2019.
Read: HC revokes bail order of suspended ACC director Enamul Basir
According to Section 41(1) of the Act, prior permission is needed from the government or higher authorities to arrest a government officer for a criminal offence.
On October 14, 2019, a writ petition was filed challenging the legality of Section 41 (1) of the Act.
Advocates Sarwar Ahad Chowdhury, Eklas Uddin Bhuiya and Mahbubul Islam filed the writ petition on behalf of the Human Rights and Peace for Bangladesh, an NGO.
On October 21, 2019, the High Court issued a rule asking the government to explain as to why Section 41 (1) of the Public Service Act should not be declared "illegal and contradictory to articles 26(1) and (2), 27 and 31 of the Constitution".
On Wednesday, the HC fixed Thursday to pronounce the order on the rule.
Advocate Manzill Murshid appeared for the petitioner, while deputy attorney general Arbinda Kumar Roy represented the state.
Advocate Khurshid Alam Khan appeared for the Anti-Corruption Commission (ACC).
HC revokes bail order of suspended ACC director Enamul Basir
A day after granting bail, the High Court on Wednesday revoked the bail order of suspended ACC director Khandaker Enamul Basir in a bribery case.
The HC bench of Justice Md Ashraful Kamal passed the order.
Advocate Faruk Alamgir Chowdhury stood for Basir while Advocate Khurshid Alam represented the Anti-Corruption Commission (ACC).
Earlier, on Tuesday, the same court granted bail to Basir in the case.
On February 23, Dhaka Special Judge Court-4 Sheikh Nazmul Alam sentenced two disgraced government officials to different jail terms in the high-profile bribery case.
Read: On Ex-DIG Mizan's payroll: ACC's Enamul finally gets bail from HC
While Enamul Basir was sentenced to eight years in jail as the recipient of Tk 40 lakh as bribe , ex- Deputy Inspector General of police Mizanur Rahman was given three years as the one paying the bribe in the same case.
A fine of Tk 80 lakh was also imposed on Basir in the case.
On July 22, 2019, ACC arrested Enamul from his Darus Salam residence in the city for taking the bribe from ex-DIG Mizanur Rahman.
On July 16, 2019, ACC director Sheikh Mohammad Fanafillah lodged the complaint over the bribery scandal.
A private TV channel reported that Mizan gave Tk 40 lakh to Basir to get a clean chit in a corruption case.
Enamul was suspended on June 10 of that year for allegedly leaking information, a breach of his job discipline.
Mizan was arrested in the case on July 21, 2019.
DIG Mizan was an additional commissioner of Dhaka Metropolitan Police (DMP). He was withdrawn on January 9, 2019 following allegations of threatening a female news presenter of a private television channel.