HC bench ‘embarrassed’ to hear writ petition challenging presidential election process
A High Court bench today felt “embarrassed” to hear a writ petition filed challenging the process of electing Mohammad Shahabuddin as president. The bench of Justice Farah Mahbub and Justice Ahmed Sohel was set to hear the petition. But it forwarded the petition to the chief justice for a decision, saying one of the bench members felt embarrassed to hear the writ petition. Justice Ahmed Sohel expressed embarrassment, saying he was a lawyer at Anti-Corruption Commission for five years. Also Read: Controversy over President-elect unexpected: CEC Supreme Court lawyer MA Aziz Khan filed the writ petition with the concerned branch of the High Court on March 7. The Election Commission and the Chief Election Commissioner (CEC) had been made respondents in the writ petition. The writ petition was filed challenging the process through which the president was elected, and the gazette that was published later. “Mohammad Shahabuddin was a former Commissioner of Anti-Corruption Commission (ACC). According to Section 9 of the ACC Act 2004, A former ACC Commissioner is not permitted to hold any profitable position,” he said. Mohammad Shahabuddin, a retired judge and former Commissioner of the Anti-Corruption Commission, was elected as the country's 22nd president. On February 13, a gazette was issued declaring him elected as President of Bangladesh under Section 7 of the Presidential Election Act, 1991. Mohammad Shahabuddin will succeed current President M. Abdul Hamid after his term expires on April 23.
Don’t force students to disclose marital status in admission form: HC
The High Court on Thursday (February 16, 2023) asked the authorities concerned not to force students to disclose their marital status in admission forms in educational institutions in Bangladesh. The HC bench of Justice Naima Haider and Justice Md Khairul Alam passed the order after hearing a writ petition. Deputy Attorney General Amit Das Gupta represented the state. On November 14, 2017, Advocates Fariha Ferdous and Nahid Sultana filed a writ petition attaching a report published in a national daily headlined “What the girl will do now?”. Also read: SC stays HC order on Boi Mela stall allotment for Adarsha Prokashoni According to the report, on June 6, 2013, a class X girl was raped but the rapists denied the allegation. When the girl became pregnant, she was admitted to the one-stop crisis centre of Rajshahi Medical College and Hospital and she lodged a complaint against the rapist, said the report. Police arrested the rapist and a DNA test proved that the rapist was the father of the child. Later, a court ordered sending the girl to residential centre under Rajshahi division ‘Women Assistance Programme’ of the government. Read More: Corruption allegations against ex-Gazipur mayor Jahangir: HC asks to complete probe within 6 months During living at the centre, the girl appeared in the Secondary School Certificate (SSC) examination and during her exam she gave birth to a baby boy on February 19, 2014. Meanwhile, she passed the SSC exam with GPA 4.3 and appeared her Higher Secondary Certificate (HSC) examination from there. Later, she was sent to her house and also passed the HSC exam with GPA 3.17. On May 30, 2017, a court sentenced the rapist to life imprisonment and asked to bear the expenses of the baby boy. The court also fined him Tk one lakh. Read More: N’ganj 3 children torture: HC grants 4-week anticipatory bail to Gopaldi municipality mayor She was put in the category of married women during the public examinations though she was unmarried. The girl was unable to fill up the admission form of a nursing college due to her marital status as she was not married and had a child. On December 11, 2018, the HC issued a rule asking the government to explain as to why the option of marital status in admission process in educational institutions should not be declared unconstitutional. The HC also issued another rule asking the government to explain as to why directives should not be given to formulate a meaningful policy in this regard. Read More: HC orders Kushtia DC to probe ragging of a female student at IU The court also asked to take steps so the girl can get enrolled in a nursing college immediately.
459 Bangladeshis’ properties in Dubai: Writ petition seeks probe
A writ petition was filed with the High Court on Thursday seeking its directive to investigate about properties of 459 Bangladeshi nationals in Dubai. Advocate Subir Nandi filed the writ petition attaching a report in this regard published in a national daily. Read more: ACC may submit progress report of probe against Wasa MD within 15 days: HC The petition was moved to the HC bench of Justice Md Nazrul Islam Talukder and Justice Khizir Hayat and the court fixed January 15 for hearing. Anti-Corruption Commission (ACC), Bangladesh Financial Intelligence Unit (BFIU), National Board of Revenue (NBR) and Criminal Investigation Department (CID) have been made respondents in the writ petition. According to the report, a huge amount of money has been transferred to Dubai from different parts of the globe including Bangladesh openly and secretly. Based on a report of US-based Centre for Advanced Defense Studies, the EU Tax Observatory said 459 Bangladeshis have purchased properties in Dubai concealing the information in their own country and the number of properties was 972 in 2020. Read more: HC orders probe into Tk 1500 cr embezzlement allegation against FMC dockyard MD According to the report, Bangladeshis have purchased properties worth approximately one billion dollar during this period and Bangladeshi people were the top buyers in the real estate sector of Dubai. The United Arab Emirates (UAE) is now in any way trying to boost foreign investment. For this, it is offering various facilities for rich people from abroad to buy properties. Experts believe that huge amount of money are being transferred due to the lack of effective and strong measures to stop money laundering, it said.
HC questions govt’s inaction to free house from AL MP Murshedy’s occupation
The High Court on Tuesday (November 01, 2022) issued a rule questioning why the authorities’ failure and inaction to free a house from Awami League MP Abdus Salam Murshedy’s illegal occupation will not be declared illegal. It also directed the authorities concerned to submit all documents regarding allotment of the abandoned house in the capital’s Gulshan to Awami League MP Abdus Salam Murshedy. Rajdhani Unnayan Kartripakkha (Rajuk) chairman, Housing and Public Works secretary and Khulna-4 constituency MP Murshedy have been asked to submit the documents within 10 days in affidavit form. Read more: Salam Murshedy elected MP uncontested The High Court bench of Justice Md Nazrul Islam Talukder and Justice Khizir Hayat came up with the directive during a hearing on a writ petition filed in this regard in the public interest. The court has fixed November 13, for the next hearing. Petitioner Supreme Court lawyer Syed Sayedul Haque Suman said the abandoned house in Gulshan is the property of the Ministry of Housing and Public Works but the Khulna-4 MP illegally occupied it with the help of Rajuk. Read more: Defaming PM: HC grants bail to Rajbari Mahila Dal leader On October 30, the SC lawyer submitted the writ petition seeking an investigation into it. According to the petition, house no 29 of road 104 at Gulshan- 2 was enlisted as abandoned by the government in 1986. Three letters sent to Rajuk by the Housing and Public Works Ministry in 2015 and 2016 seeking an explanation for the illegal occupation of the house by Murshedy were attached to the petition. Read More: Defaming PM: HC grants bail to Rajbari Mahila Dal leader As RAJUK chairman didn’t respond to the letters the writ petition was filed challenging the authority’s inaction against the occupation of the abandoned house by AL MP Murshedy.
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.
Writ petition filed seeking Tk 10 crore as compensation for Joj Mia
A writ petition has been filed before the High Court (HC) asking Tk 10 crore as compensation for Joj Mia who was wrongfully tried in August 21 grenade attack case and spent five years in jail without committing any crime. Supreme Court (SC) lawyer Humayun Kabir Pallab filed the petition before the bench of Justice Md Mojibur Rahman Mia and Justice Riaz Uddin Khan on Monday. The petition has also sought formation of a committee headed by a retired judge of the Appellate Division to identify those who had tried Joj Mia in a false case. Home Secretary, Deputy Commissioner (DC) of Dhaka district, Officer In-charge (OC) of Motijheel Police Station, OC of Senbag Police Station of Noakhali, Criminal Investigation Department (CID) of Police, ex-Inspector General of Police (IGP) Khuda Baksh Chowdhury, ex-Assistant Superintendent of Police (ASP) Abdur Rashid, ex-ASP Munshi Atiqur Rahman and ex-Superintendent of Police (SP) Md Ruhul Amin have been made respondents to the writ. The petition said that Joj Mia can be compensated by confiscating the wealth of those responsible for the August 21 grenade attack, including the then Home Minister Lutfozzaman Babar, ex-IGP Khuda Baksh Chowdhury, ex-ASP Abdur Rashid, Munshi Atiqur Rahman and ex SP Md Ruhul Amin. On August 11, a legal notice was served against 11 people asking for compensating Joj Mia. The notice had asked the respondents to take steps in this regard within 15 days of receiving the notice. Read: August 21 attack: Legal notice served seeking Tk 10 crore as compensation for Joj Mia The two Supreme Court lawyers who had issued the legal notice had said they would move to the High Court with a writ petition for necessary legal action in this regard if they did not receive any response. Today’s writ petition is a continuation of this legal process to ensure compensation for Joj Mia. At least 24 leaders and activists of the Awami League (AL) were killed and many injured in a grenade attack that was launched at an AL rally at the capital’s Bangabandhu Avenue on August 21, 2004. On June 9, 2005, Joj Mia was detained from as a suspect from Noakhali’s Senbag upazila and taken into a 17-day police remand. 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. The attack occurred during the rule of then-Prime Minister Khaleda Zia. In 2007, an interim government decided to reinvestigate the Joj Mia case. On June 11, 2008, CID completed the fresh investigation and produced the charge sheet of the case, in which Joj Mia was proven not guilty.
Writ petition challenges legality of raising fuel prices
A writ petition was filed with the High Court on Monday challenging the legality of the latest hike in fuel prices in the country. Supreme Court Advocate Md Eunus Ali Akond filed the writ petition. The writ petition sought the HC’s directive to stay the gazette issued by the Ministry of Energy and Mineral Resources raising fuel prices. The HC bench of Justice Md Mojibur Rahman Mia and Justice Kazi Md Ejarul Haque Akondo may hear the writ petition on Wednesday. Lawyer Eunus Ali said Bangladesh Energy Regulatory Commission (BERC) has the authority to raise the fuel price according to the law. But the fuel prices were increased through issuing a gazette by the ministry. Read: Accidents at level crossings: Writ petition seeks judicial probe & compensation According to that gazette, this decision was taken as per the order of the President. But the constitution does not give the president the authority to raise the fuel prices and for this reason the writ petition was filed, he added. The government hiked the price sof fuel by a big margin on Friday. Diesel price has been increased by Tk 34 to Tk 114 per litre while octane price hiked by Tk 46 to Tk 135 and petrol by Tk 44 to Tk 130.
Writ petition seeks compensation for baby born on road after accident
A writ petition has been filed with the High Court seeking its directive to the authorities concerned to pay compensation to the baby who was born during a road accident that left its parents and sister dead in Mymensingh. The bench of Justice Khizir Ahmed Choudhury and Md Zakir Hossain is expected to hear the writ petition, said Sayed Mahsib Hossain, a counsel of the petitioner. Supreme Court lawyer Kaniz Fatema filed the writ petition on Monday. Also read: Baby born on road after accident that kills parents, sister An investigation into the accident was also sought in the writ petition. Women and Child Affairs Secretary, Social Welfare Secretary, Road Transport and Bridges Secretary and Bangladesh Road Transport Authority were made respondents to the writ. A tragic road accident near court building area in Trishal upazila of Mymensingh left Jahangir Alam, 35, his pregnant wife Ratna Begum, 26, and their daughter Jannat Ara, 2, of Raymani village in the upazila, dead on the spot. Jahangir Alam went Trishal upazila headquarter with his eight-month pregnant wife and daughter for conducting a medical test of his wife. While crossing the highway a speeding Mymenshingh-bound truck knocked them down, leaving all three family members dead on the spot, said police. Miraculously the baby girl was born before the mother died on the road and she was taken to upazila health complex by locals. Also read: Road crashes claim 26 lives in 9 districts The newborn was then given advanced treatment at Mymensingh Medical College and Hospital (MMCH) and then at Community Based Medical College Hospital. Meanwhile, Deputy Commissioner of Mymensingh Mohammad Enamul Haque has taken all the responsibilities including treatment of the baby.
Writ petition filed seeking judicial probe on Narail teacher humiliation
Ain O Salish Kendra (ASK), a human rights body has filed a writ petition before the High Court seeking its directives for judicial inquiry into Narail College teacher Swapan Kumar Biswas’s humiliation. Advocate Lutfe Jahan Purnima on behalf of ASK filed the petition on Monday. The bench of Justices Bhishmadeb Chakraborty and SM Moniruzzaman will hear the writ petition. Advocate Purnima said,'' On the day of incident Narail’s Deputy Commissioner, Superintendent of Police all were present yet a principal was forced to wear a garland of shoes. The bench is likely to hear the petition this week. Home Affairs Secretary, Narail DC, SP and other concerned have been made respondent in this writ petition, she said. Earlier on June 30, the court asked the advocate to submit the petition to the vacation bench of the High Court. On June 18, a Hindu student of Mirzapur United Degree College shared a post on Facebook supporting suspended BJP leader Nupur Sharma who has been accused of making insulting remarks on Prophet Muhammad(PBUH). There was daylong unrest at the college over the post and a rumor that acting principal Swapan Kumar Biswas had sided with the student, following which police escorted him outside the college campus. At one stage a group of men forced him to wear a garland of shoes. A video of the incident soon went viral on social media that sparked huge criticism. Different organizations including Bangladesh Mahila Parishad protested the incident and demanded exemplary punishment of those involved in it.
HC orders probe on ‘disappearance’ of birth and death registration info
The High Court has directed the government to investigate the disappearance of a large amount of birth and death registration information from the database stored on the server. A HC bench of Justice Mojibur Rahman Mia and Justice Khizir Hayat passed the order after hearing of a writ petition filed in the public interest on Sunday. The HC also issued a rule questioning why the government’s inaction to prevent the difficulties faced by the people in obtaining birth and death certificates and non-investigation of the disappearance of a large numer of information from the relevant servers should not be declared illegal. Also read: Stern action against harassment in issuing birth certificates: Minister At the same time, the HC asked why the creation of a central database should not be directed as Rule-19 of Birth and Death Registration Act-2019. The LGRD Secretary, the Registrar General of the Birth and Death Registration of LGRD, the Director General of the Planning-Monitoring, Evaluation and Inspection Office and the Joint Secretary of the Law Department of the ministry have been asked to submit the probe report responding to the rule in four weeks. Lawyer Md Tanvir Ahmed appeared for the writ petition in the court while Deputy Attorney General Bipul Bagmar represented the state. Md Tanvir submitted legal notice in this regard on April 4 attaching a report published in a national daily on March 12 entitled 'Citizens in Extreme suffering with birth registration certificate' and on February 4, 'Birth Certificate: Birth registration information of millions of people in Bangladesh not listed on server'. The report stated that the birth registration law was enacted in 2004 and came into force in 2006. Birth registration certificate is mandatory for various important activities including passport issue, marriage registration, admission in educational institutions, obtaining driving license, land registration. In the beginning handwritten certificates were given. Then at the end of 2010 an initiative was taken to digitalise it. At that time the government also provided a separate allocation for computer training to the registrars concerned. But not all the information was digitised at that time, especially of the city corporations and densely populated areas, the report said. Also read:Birth Registration in Bangladesh: Application Process, Essential Papers According to another report, the Registrar General's Office in charge of registration of births and deaths in Bangladesh and officials of the Dhaka City Corporation say that millions of people who had previously obtained birth registration certificates now need to be re-registered online as their previous registrations have disappeared. The birth registration of these individuals has not been updated online and it will no longer be possible to transfer old data to the new server. Authorities concerned are also struggling to cope with the large number of online birth registrations of a large number of school students.