writ petition
No writ petition sought ban on Awami League: Sarjis
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.
3 weeks ago
Schools to remain open during Ramadan as Appellate Division stays HC order
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.
8 months ago
Primary, secondary schools to remain closed during Ramadan: HC
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.
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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.
8 months ago
Challenging legality of president’s election: SC fines petitioner Tk 1 lakh for ‘wasting its time’
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
1 year ago
Mitu Murder: HC dismisses writ challenging charge framing against ex-SP Babul
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.
1 year ago
HC dismisses writ challenging cancellation of ex-Gazipur mayor Jahangir’s nomination
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.
1 year ago
HC rejects writ filed against Khulna Wasa MD
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.
1 year ago
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.
1 year ago
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.
1 year ago
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.
1 year ago