United News of Bangladesh

The Appellate Division of the Supreme Court on Thursday ordered the appointment of 1,137 candidates who were disallowed to join jobs through the 27th BCS about 17 years back. A five-member bench headed by Chief Justice Dr Syed Refaat Ahmed delivered the verdict after hearing three separate petitions in this regard. Defence lawyer Salah Uddin Dolan said that following the verdict the candidates will be able to join the job with appropriate seniority. The court also ordered to take them in within 90 days, he said. Additional Attorney General Aneek R Haque represented the state and lawyer Mohammad Khalequzzaman stood for the Public Service Commission during the hearing in the court. During the 1/11 caretaker government, the decision was made to cancel the first viva exam in the 27th BCS, and a second round of viva was conducted. Reform Commission recommends completing BCS exam within one year However, those deprived of recruitment submitted a writ challenging the second viva. In 2008, a High Court (HC) bench declared the cancellation of the first viva result as valid. However, in 2009, another HC bench declared the second viva to be illegal. Meanwhile, 25 candidates deprived of recruitment filed two leave-to-appeal petitions in the Appellate Division against the first verdict. Furthermore, the government submitted three leave-to-appeal petitions against the second verdict. After some observations, the Appellate Division resolved the government's leave-to-appeal petitions and delivered its verdict in 2010. The Appellate Division upheld the HC’s ruling, validating the decision to cancel the first viva examination. Govt appoints 267 assistant commissioners from 43rd BCS Following a review petition against the Appellate Division's verdict, the leave to appeal was granted. Three separate appeals were filed on behalf of 1,137 candidates deprived of recruitment last year. After hearing the appeals, the Appellate Division handed down the verdict today.

The High Court on Tuesday ordered taking prior permission from the authorities concerned for felling trees. The HC bench of Justice Fahmida Quader and Justice Mubina Asaf passed the order after hearing a writ petition filed over the issue. The court also asked Senior Secretary of the Public Administration Ministry to form a committee within seven days for taking permission for cutting trees at district level. The committee should comprise an environmentalist, environment expert, professors of the Department of Environmental Science from Dhaka University and Jahangirnagar University. High Court rejects ex-NBR Official Matiur’s writ petition to travel abroad Deputy Commissioners, District Environment officer, professor of a government college, social worker, environmentalist, president of general secretary of the District Bar Association and District Civil Surgeons must be included in the committee . In case of upazila level, the court also asked the senior secretary of the Public Administration to issue another circular to the deputy commissioners to form another committee within seven days with the Upazila Nirbahi Officers, professors of the government colleges, social worker, environmentalist, Social Worker officer, Assistant Commissioner (land) and executive engineers of LGED. Besides, according to the Social Forestry Rules 2004, trees planted under this programme cannot be cut down and instead an amount equivalent to the value of the trees must be paid to the owner of the plant. Immunity provision in quick rental act illegal: High Court The court also provided instructions to amend the Social Forestry Rules accordingly. In its observation, the court said as temperatures continue to rise in the country, it is essential to preserve more trees. Widespread deforestation will disrupt the balance of our environment, undermining our right to live. The court further said that Bangladesh does not have the necessary number of trees required to maintain environmental balance and protecting these trees is critically important for the environment. On May 5, 2024, a rights organisation named Human Rights and Peace for Bangladesh (HRPB), filed a writ petition seeking steps to stop pollution. High Court scraps 11 cases against Khaleda Zia On May 7, last year, the High Court issued a rule asking the government to explain as to why trees cutting in two cities of Dhaka, district and upazila level, should not be declared contradictory to the human rights and why seven-member committee should not be formed in all levels to give permission for cutting trees.  

A writ petition has been filed in the higher court challenging the Integrated Energy and Power Master Plan (IEPMP) 2023 in what they said a historic step towards seeking climate justice. The writ petition was led by Lawyers for Energy Environment and Development Limited (LEED) by its Counsel, Barrister Abdullah Mahmood Hasan, Advocate Abdullah Al Noman, Advocate Monera Haque Mone, and Advocate Shimon Raihan, said a press release of the platform on Wednesday. LEED is a social enterprise advocating for energy security and environmental protection. It aims to confront the government's continued reliance on fossil fuels and its failure to prioritise climate change and human rights, said the media release. In the initial hearing, a Division Bench of the High Court Division of the Supreme Court comprising Justice Fahmida Quader and Justice Mubina Asaf issued a rule calling on respondents to show cause “as to why the Integrated Energy and Power Master Plan (IEPMP) 2023 should not be reconsidered taking account from representation of Ministry of Environment, Forest and Climate Change (MoEFCC), and why the respondents should not be directed to consider and implement the Climate Prosperity Plan (CPP) 2022-2041 approved by the government in light of various International Treaties entered into by Bangladesh in the capacity of State”. This legal battle aims to ensure Bangladesh upholds its constitutional commitment to a healthy environment and its international obligations under climate agreements like the Paris Agreement and the UN’s Sustainable Development Goals (SDGs), said the press release. This case mirrors the pioneering climate lawsuits filed by citizens worldwide, including a recent action taken by children in South Korea against their government’s climate policies. It stands as a monumental step towards climate justice in South Asia and sets a vital legal precedent for holding governments accountable for their climate inaction, according to the release. Regarding this, Hasan Mehedi, Chief Executive of the Coastal Livelihood and Environmental Action Network (CLEAN), informed the lawyers that the IEPMP 2023, which heavily relies on fossil fuels such as coal and LNG (30.7%), along with advanced technologies like liquid hydrogen and ammonia (32.8%) by 2050, directly contradicts Bangladesh’s Climate Prosperity Plan (CPP), which envisions 100% renewable energy by the same year. The petitioners assert that the IEPMP violates sections of the Environment Conservation Act and the spirit of Article 18A of the Bangladesh Constitution, which emphasizes the right to a healthy environment for current and future citizens. Read: Integrated energy-power sector master plan likely to be ready by November  The IEPMP continues its reliance on fossil fuels, which threatens both environmental sustainability and the health of future generations, as fossil fuel emissions are a primary driver of climate change, contributing to extreme weather events such as floods, cyclones, and droughts challenges to which Bangladesh is particularly vulnerable.Concerns are raised regarding the IEPMP’s reliance on unproven technologies like hydrogen and ammonia co-firing, questioning its economic feasibility. Reports also indicate a lack of transparency in its formulation, including undisclosed budgets and the exclusion of Bangladeshi experts. The IEPMP's approach is at odds with international agreements like the Paris Agreement and the Climate Vulnerable Forum Vision, which aim to enhance climate resilience and sustainable economic growth. In contrast, the MCPP advocates for renewable energy and environmental protection, aligning more closely with legal and constitutional principles. It emphasises inclusive participation from various sectors, including grassroots producers of renewable energy, and prioritizes international cooperation and financial commitments for renewable projects. Read more: Bangladesh to formulate integrated energy-power sector master plan with focus on 3E+S concept While the Japan International Cooperation Agency (JICA) has funded various energy projects in Bangladesh, its financing of fossil fuel initiatives, such as coal power plants, raises concerns about compliance with global climate commitments. The MCPP seeks to attract international support for renewable energy projects, advocating for a shift away from fossil fuel dependency, thus demonstrating a commitment to global climate action.

Sarjis Alam, a prominent coordinator of the Anti-Discrimination Student Movement that recently played a central role in unseating the Sheikh Hasina-led government, clarified that their writ petitions to the High Court did not call for an outright ban on the Awami League or its registration as a political party. In a post on his verified Facebook page, Sarjis clarified the specifics of two writ petitions filed with the High Court on Monday. He said that neither petition directly seeks to ban the AL, addressing the confusion that had arisen across social media platforms, particularly on Facebook, regarding the petition’s intent. Rail authorities taking action after 'Awami League Zindabad' slogan displayed at Kamalapur According to Sarjis’s statement, the two writs filed include: A request for an explanation as to why the last three elections held under the Awami League’s governance should not be declared illegal, alongside a demand that any wealth accumulated unlawfully during this period be returned. A request for the AL to be barred from political activities until a verdict is reached on the matter. Sarjis, along with Hasnat Abdullah, another coordinator from the student movement, filed the petitions, which seek restrictions on the political activities of the former ruling party but do not call for a ban on its existence or official registration. 'Awami League plotting rehabilitation’: Hasnat Abdullah The clarifications from Sarjis come amid widespread speculation on social media, with many online users initially misinterpreting the petition as a request to prohibit the AL from functioning as a political entity altogether.

The Appellate Division on Tuesday (March 12, 2024) stayed the High Court order on keeping the primary and secondary schools closed during the month of Ramadan. A 5-member Appellate Division bench led by Chief Justice Obaidul Hassan  passed the order hearing an appeal filed against the High Court order. Attorney General AM Amin Uddin stood for the state while Advocate AKM Faiz stood for the writ petitioner. Attorney General AM Amin Uddin told reporters that following the Appellate Division order there will be no bar on running schools during Ramadan. Primary, secondary schools to remain closed during Ramadan: HC On March 10, the HC stayed for two months the government’s decision to keep the primary and secondary schools open in the first 10 and 15 days of Ramadan respectively. The HC bench of Justice KM Kamrul Kader and Justice Khizir Hayat passed the order following a petition seeking closure of school activities during Ramadan. Advocate Mahmuda Khanam stood for the writ petitioner while deputy attorney general Sheikh Md Saifuzzaman represented the state. On February 8, the government amended the holiday list for educational institutions keeping the regular activities of secondary schools open for 15 days during the month of Ramadan. The Education Ministry issued a notice in this regard. In another notice, the Primary and Mass Education Ministry issued a notice to keep the activities of primary schools during the month of Ramadan for ten days. Female student assaulted at JnU dormitory, journalist threatened Advocate Md Ilias Ali Mandal, a guardian, filed a writ petition on February 25, challenging the two orders of the government. Secretaries to the Primary and Mass Education Ministry, Education Ministry, deputy secretary of Primary and Mass Education Ministry and deputy secretary of Education Ministry, Director General of the Directorate of Primary Education Department, Director of Child Welfare Trust were made respondents.

The High Court on Sunday (March 10, 2024) stayed for two months the government’s decision to keep the primary and secondary schools open in the first 10 and 15 days of Ramadan respectively. The HC bench of Justice KM Kamrul Kader and Justice Khizir Hayat passed the order following a petition seeking closure of school activities during Ramadan. Advocate Mahmuda Khanam stood for the writ petitioner while deputy attorney general Sheikh Md Saifuzzaman represented the state. Milk, eggs, meat, and fish to be sold affordable prices at 30 points in capital Following the order, the academic activities of primary and secondary schools will remain closed during the month of Ramadan. On February 8, the government amended the holiday list for educational institutions keeping the regular activities of secondary schools open for 15 days during the month of Ramadan. The Education Ministry issued a notice in this regard. In another notice, the Primary and Mass Education Ministry issued a notice to keep the activities of primary schools during the month of Ramadan for ten days. Advocate Md Ilias Ali Mandal, a guardian, filed a writ petition on February 25, challenging the two orders of the government. SCBA election: Khokon, Monjurul elected president, secretary Secretaries to the Primary and Mass Education Ministry, Education Ministry, deputy secretary of Primary and Mass Education Ministry and deputy secretary of Education Ministry, Director General of the Directorate of Primary Education Department, Director of Child Welfare Trust were made respondents. Ramadan is likely begin from March 11 or March 12 depending on the sighting of the moon.

The Appellate Division of the Supreme Court on Thursday (May 18, 2023) rejected a writ petition filed challenging the legality of the election of Md Shahabuddin as president of the country. The eight-member bench of the Appellate Division, led by Chief Justice Hasan Foez Siddique passed the order and fined the writ petitioner Advocate MA Aziz Tk one lakh “for wasting the court’s time” by filling an “illogical writ petition.” The other members of the bench are: Justice Md. Nuruzzaman, Justice Obaidul Hassan, Justice Borhanuddin, Justice M. Enayetur Rahim, Justice Md. Ashfaqul Islam, Justice Md. Abu Zafor Siddique, Justice Jahangir Hossain. Also read: Supreme Court to conduct judicial activities physically from Wednesday Advocate MA Aziz Khan stood for the petitioner while Attorney General MA Amin Uddin represented the state. On March 7, a writ petition was filed challenging the legality of the process for electing Md Shahabuddin as president and publication of the gazette notification by the Election Commission. The writ petition also sought a stay order of the operation of the gazette notification issued by the Election Commission. On March 15, the High Court rejected the writ petition. On March 21, an appeal petition was filed against the HC order that has rejected the writ petition. Read more: Lawyers can play a big role to ensure good governance: President

The High Court on Tuesday (May 09, 2023) dismissed a writ petition filed by former Superintendent of Police Babul Akhter challenging the legality of framing charges against him in the murder case of his wife Mahmuda Khanam Mitu. The HC bench of Justice SM Kuddus Zaman and Justice Shahid Noor Uddin passed the order. Now there is no legal bar to continuing the trial proceeding against him in the judicial court. Deputy Attorney General Sujit Chatterjee Bappi represented the state while Advocate Mohammad Shishir Monir appeared  for Babul Akhter. Read More: Mitu murder: PBI submits chargesheet against ex-SP Babul, 6 others Earlier on March 13, a Chattogram court framed charges against seven people including Babul Akhter in Mitu murder case. Later, Babul Akhter appealed to the High Court challenging the validity of it. On June 5, 2016, Mitu was stabbed and shot dead when she was walking her son to his school bus stop at the port city's GEC intersection. On June 6, 2016, Babul filed a case with Panchlaish Police Station. On September 13, the Police Bureau of Investigation (PBI) pressed the charges against Babul Akter and six others in a case filed over the killing of his wife Mahmuda Khanam Mitu. Read More: Why Babul Akter should not be granted bail: HC Abu Zafar Md Omar Faruk, inspector of PBI and also the investigation officer of the case, submitted the chargesheet to the prosecution unit of the Chattogram court. The case was transferred to the Police Bureau Investigation (PBI) in 2019 after Mitu's father, himself a retired police officer, filed a complaint against the CMP's mishandling of the case. On May 12, 2021, the PBI submitted its final report and arrested Babul Akter in another case filed by Mitu’s father and since then he has been in prison. Babul Akhter also filed a no-confidence petition against the PBI report on October 14, 2021. Read More: Ex-SP Babul shown arrested in case filed by him On November 3 last year, a Chattogram Court rejected the final report of PBI in the murder case and ordered it to conduct further investigation.

The High Court on Monday dismissed a writ petition challenging the legality of cancellation of Gazipur City Corporation’s (GCC) former mayor Jahangir Alam’s nomination paper for the mayoral post in the upcoming GCC election. The HC bench of Justice Farah Mahbub and Justice Mohammad Mahbub-Ul-Alam rejected the petition saying that he was a loan defaulter till the submission day of the nomination paper which made him ineligible. Former Additional Attorney General MK Rahman appeared for the petitioner while Attorney General A M Amin Uddin for the state. Also Read: Cancellation of nomination: Ex Gazipur mayor Jahangir files petition at HC The writ petition was submitted to the HC bench concerned a week after Gazipur’s Returning Officer (RO) Faridul Islam cancelled his nomination paper in a primary scrutinization, as he is a “loan defaulter”. On May 4, Jahangir appealed to Dhaka divisional commissioner against the cancellation; the appeal was rejected on the same day. After being rejected, Jahangir moved the HC, challenging the cancellation. Also Read: Gazipur City polls: Ex-mayor Jahangir’s nomination cancelled; mother’s nomination valid On April 30, during primary scrutinization, Jahangir’s nomination was cancelled while his mother Zaida Khatun’s nomination was declared valid. Jahangir was the guarantor of an industrial organization. He was declared a loan defaulter along with the organization, the returning officer said. Though the former mayor and his counsel submitted documents demonstrating paying off the loan along with the nomination paper, the returning officer cancelled his nomination during the scrutinization.  

The High Court on Sunday rejected a writ petition filed challenging the legality of the appointment of Khulna Water Supply and Sewerage Authority (WASA) Managing Director Md Abdullah. The HC bench of Justice Md Nazrul Islam Talukder and Justice Khizir Hayat rejected the writ petition. Advocate Emdadul Haque Bashir stood for the petitioner while Advocate Syed Mahsib Hossain represented the Wasa MD. Also Read: Writ petition seeks probe into graft allegation against Khulna Wasa MD Advocate Syed Mahsib, said the authorities concerned appointed Md Abdullah as the managing director of Khulna Wasa in 2009 but the writ petition was filed in 2023. The petition also sought investigation into the graft allegation against the Wasa MD. However, the Anti-Corruption Commission did not find any evidence of corruption against him. That’s why the HC rejected the petition, said Advocate Mahsib. According to the writ petition, Md Abdullah was appointed as Wasa MD in 2009 for a three-year term and his tenure has been extended for several times. Also Read: Decision to award performance bonus to Wasa staffers illegal: HC   Secretaries to the Local Government, Rural Development and Cooperatives Ministry, Public Administration Ministry, deputy secretary of Local Government (Water supply), Chairman of PSC, Authorities concerned of Khulna WASA, chairman of Khulna WASA, Anti-Corruption Commission and Khulna WASA MD have been made respondent to the rule.