Law-&-Order
School teacher sent to jail for sexual harassment of minor in Thakurgaon
A school teacher has been remanded in judicial custody by a court in Thakurgaon in connection with the sexual harassment of a minor student.
The accused has been identified as Tula Ram Paul, 38.
SM Jahid Iqbal, officer-in-charge of Ranisankail police station, said they arrested the accused after the girl's father lodged a complaint on Wednesday.
Read: Madrasa teacher held for ‘sexual-assault attempt’ on student
Later, the accused was produced in a Thakurgaon court that sent him to judicial custody.
According to the case statement, the teacher allegedly harassed the girl sexually after taking her to a room of the school on Tuesday morning.
The accused fled when she started screaming. The girl later narrated her ordeal to her parents.
Rule of Law Index: Bangladesh slips 2 notches to 127th among 140 countries
Bangladesh ranked 127th out of 140 countries on the Rule of Law Index 2022, slipping two positions from last year.
This year, Bangladesh scored 0.39 out of 1, where 1 indicates the strongest adherence to the rule of law. Last year, the country's score was 0.40.
The country's score placed it at the fourth spot out of six countries assessed in South Asia, according to the 2022 World Justice Project (WJP) Rule of Law Index released on Wednesday (October 26, 2022).
Read US democracy has its own flaws, says a new survey
Nepal was the top performer in the region with a global ranking of 69, followed by Sri Lanka at 74 and India at 77.
Bangladesh, Pakistan (129 globally), and Afghanistan (138th globally) had the lowest scores in South Asia.
Globally, Denmark, Norway, and Finland topped the WJP Rule of Law index. Venezuela, Cambodia, and Afghanistan had the lowest overall scores.
Read ‘Some abuses are reported while implementing any new law’
For the fifth consecutive year, the rule of law weakened in more countries than those in which it improved (85 versus 54, with one unchanged). More than 4.4 billion people live in countries where the rule of law weakened in the past year. This is equivalent to 56 percent of the world's population.
According to the accompanying report, the continued deterioration of the rule of law this year can be explained by three factors: a weakening in constraints on government powers; an erosion in fundamental rights, caused by growing authoritarianism and the shrinking of civic space; and the deterioration of civil justice, mainly due to increasing discrimination, delays in proceedings, and the weakening of enforcement mechanisms.
The Index presents a portrait of the rule of law in 140 countries and jurisdictions by providing scores and rankings based on eight factors: constraints on government powers, absence of corruption, open government, fundamental rights, order and security, regulatory enforcement, civil justice, and criminal justice.
Read Law protects non-disclosure of sources in investigative journalism: High Court
The WJP Rule of Law Index 2022 is the latest report in an annual series measuring the rule of law based on global surveys of more than 154,000 households and 3,600 legal practitioners and experts. The period of data collection for the 2022 data was February 2022 through June 2022.
As if two hands ever stopped anybody from selling drugs
Police arrested a youth with a disability for peddling drugs from West Rampura in the city on Tuesday night.
The arrestee was identified as Rana Howladar (26). He is an autorickshaw driver by profession, with an amputated left arm.
Although he drives an autorickshaw, his main occupation is selling yaba, police said. Driving an autorickshaw helps him deliver consignments of drugs alongside carrying passengers to various places in Dhaka.
Police say no one regarded him with any suspicion as he went about his business due to the amputated hand, which was replaced with a prosthetic, and that rather won him people’s ‘sympathy’. As if having both hands and both feet ever stopped anybody from selling drugs!
In a rather unguarded attack on those with disabilities, the Deputy Commissioner of Tejgaon of Dhaka Metropolitan Police, HM Azimul Islam, said: “This is a new strategy. You know people like that get sympathy from the public. Rana has used that opportunity.”
It’s an outrageous claim for a senior police officer, given how it seeks to demonise a petty drug peddler by seizing upon his disability, but it exposes much in the problematic attitude of the police towards the public they are meant to serve.
Like any drug dealer, Rana may need to hide his wares at times. This is thought to be natural. If for that reason he happens to at times use his prosthetic, as police described, where others may use other means available to them (from previous reports we have the use of socks and shoe-soles), it makes him no worse than any other dealer, and no better either.
But by hammering on (we haven’t included everything he said) about his apparent exploitation of his disability, or how he took advantage of it, or took advantage of the sympathy that “people like that” get, the DC has rather laid bare his own prejudice.
Based on secret information, police arrested Rana from the Omar Ali Lane area of West Rampura under the Hatirjheel police station.
During primary interrogation, Rana revealed that various parts of his body were damaged due to electrocution. Later, the physician amputated the lower part of his left arm. He has been involved in the Yaba business for seven to eight years. A case under the Narcotics Control Act has been filed against him at Hatirjheel police station, the DC added.
Rana has been living in the Mirpur area for quite some time. He got married for the second time seven days ago. He came to visit the Hatirjheel area with his newly married wife from Mirpur on Tuesday night, when police arrested him.
Article 19 applauds authorities for clearing journalist Rozina of charges
UK-based international human rights organization has applauded the Bangladesh authorities for clearing Rozina Islam, a renowned investigative journalist, of the charges made under the Official Secrets Act of 1923.
The act is an outdated colonial law, which infringes on citizens', media and civil society's fundamental right to access information.
The rights body promoting freedom of expression and the protection of journalists around the world also hoped that the court would accept the final probe report submitted by the authorities in the case and clear Rozina of the case to ensure justice for her.
According to the media report, over a year after Rozina was sued by the Health Services Division official for allegations of stealing and capturing photos of "highly sensitive" government documents, the investigation officer of the case on July 4, 2022, submitted the final report to the Chief Metropolitan Magistrate's Court of Dhaka, requesting it to relieve Rozina of the charges.
In the probe report, the investigator said no evidence was found against Rozina, and the case was a matter of factual error.
Faruq Faisel, regional director for Article 19 South Asia, said: "We welcome the findings of the probe report and firmly believe Rozina will get justice from the court as well."
"The vexatious case has tarnished the image of the country in the international arena and called into question its commitment – as a UN member state – to upholding media freedom and protecting journalists."
Controversial Dr Jahangir Kabir's organisation among 3 fined by NCRP
National Consumers' Right Protection (NCRP) conducted drives at three organisations, including Ultimate Organic Life, an organisation owned by lifestyle modifier Dr Muhammad Jahangir Kabir, in the city's Aftabnagar on Wednesday and fined them a total Tk 5 lakh over various irregularities.
A team of the NCRP comprising Abdul Jabbar Mondal, head of Dhaka district office, and two assistant directors of NCRP head office-- Shariful Islam and Shah Alam, carried out the 3-hours long drives from 12:00 pm.
The drives were carried out based on secret information, said an Assistant Director (Publicity section) of the NCRP head office.
During the drive at the Ultimate Organic Life, the NCRP team found that employees were filling ghee in bottles from the containers of another organisation named Organico Care Ghee and also pasting stickers. Besides, they were also seen sticking importers' labels on some imported goods, which is a clear violation of NCRP rules.
The NCRP fined Ultimate Organic Life Tk 3.50 lakh for the various irregularities.
Dr Jahangir Kabir shot to fame, or perhaps infamy more accurately, by endorsing and propagating various quack medical theories during the Covid-19 pandemic, becoming a very potent symbol of the 'infodemic', or epidemic of disinformation, that came to characterise the period.
The NCRP also fined Inmotion Trade International of Tk 1 lakh and Tk 50,000 to chain shop Daily Shop for various irregularities, Assistant Director Shah Alam.
Court issues arrest warrant against Evaly chairperson Shamima
A Dhaka court has issued a warrant for the arrest of Shamima Nasrin, the chairperson of e-commerce company Evaly, in a case filed under the Digital Security Act (DSA).
Dhaka Cyber Tribunal judge Mohammad Ash Shams Jaglul Hossain issued the arrest warrant on October 19 turning down Shamima’s time petition as she did not appear before the court.
The court also fixed January 22 next year for hearing on charge framing in the case.
Earlier, the court fixed October 19 for accepting the charge sheet in the case, however, Shamima pleaded for time through a lawyer without appearing in the court, said tribunal bench clerk Shamim Al Mamun.
On September 30 last year, a customer Alamgir Hossain filed the case against Evaly CEO Mohammad Rassel and his wife Shamima at Badda police station, on charges of embezzling money through digital fraud.
According to the case, the plaintiff ordered products costing Tk 28 lakh from Evaly through two accounts on the company site and paid the bill.
Evaly promised him to deliver the products within 45 days of the order. But the customer didn’t receive the products. The company also didn’t return the customer’s money.
On September 16, last year, Evaly CEO Mohammad Rassel and his wife Shamima were arrested during a raid on their house in the capital's Mohammadpur area. The couple was later sent to jail.
On April 6 this year, Shamima came out of jail securing bail. However, the CEO is still behind bars.
BFIU gets 3 months to sign legal pacts with 10 countries to bring back black money
The High Court has given Bangladesh Financial Intelligence Unit (BFIU) three months to sign mutual legal assistance (MLA) pacts with 10 countries for obtaining information and proof required to recover black money stashed abroad.
An HC bench of justices Md Nazrul Islam Talukder and Khijir Hayat passed the order on Wednesday (October 26, 2022).
Deputy attorney general AKM Amin Uddin Manik appeared for BFIU, while advocate Khurshid Alam Khan represented the Anti-Corruption Commission (ACC).
Read: HC orders BFIU to form research cell to bring back laundered money
In a report submitted to the court on Tuesday, BFIU said that they had advised the Financial Institutions Division (FID) to sign MLA agreements with at least 10 countries to get necessary help in bringing back laundered money from abroad.
These countries are the United States of America (USA), the United Kingdom (UK), Canada, Singapore, Australia, Malaysia, the United Arab Emirates, Switzerland, Thailand and Hong Kong (China).
The report also said that "BFIU has asked Bangladesh Bank (BB) to recruit manpower for the proposed ‘Research Cell’ which will help in identifying money launderers and recovering the money."
Read Black money whitening got little response in FY 22: NBR data
According to the report, the recruitment process is currently ongoing.
The report added that the sixth meeting of the taskforce, led by the attorney general and formed to recover laundered money, took place on January 3, 2022.
The meeting was attended by representatives of the Home Ministry, the Foreign Ministry, FID, ACC, BFIU and the Criminal Investigation Department (CID) of Bangladesh Police.
Read Finance bill 2022 passed with limits on proposal to whiten black money
It was decided at the meeting that urgent steps needed to be taken to identify the launderers and bring back black money stashed in foreign banks.
The High Court on August 31 ordered the head of Bangladesh Financial Intelligence Unit to form a research cell to prevent money laundering, bring back laundered money, monitor and control it.
Bangladesh Financial Intelligence Unit head Md Masud Biswas was also directed to submit a progress report regarding the formation of Research Cell by the next hearing set to be held on October 26.
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 High Court bench ordered the government and the Anti-Corruption Commission to explain why the government did not seek information of deposits of Bangladesh money stashed in Swiss banks.
On August 14, Bangladesh Financial Intelligence Unit was asked to submit a report in this regard in the affidavit form.
On August 21, following the High Court order, Bangladesh Financial Intelligence Unit'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.
Graft case trial against Mirza Abbas to continue: SC
The Appellate Division of the Supreme Court on Tuesday rejected an appeal to suspend proceedings of a graft case against BNP leader and former minister Mirza Abbas. A bench of five justices led by Chief Justice Hasan Foez Siddque passed the order. With the order the court has cleared the way for trial proceedings against Mirza Abbas, said Anti-Corruption Commission (ACC) lawyer Khurshid Alam Khan. Advocate Abdur Rezak Khan and Sagir Hossain Leon represented the petitioner’s side during the hearing. On August 16, 2007, ACC assistant director Md Shafiul Alam filed the case with Ramna police station for acquiring Tk 5.97 crore in excess of his known income and hiding information of Tk 33.48 lakh. Earlier on November 11, 2018, the High Court rejected an appeal to suspend the trial proceeding against Mirza Abbas in this case. The case is currently under trial at Dhaka Special Judge Court-6.
No bar to holding Bangladesh Bank’s AD recruitment test on Oct 28: HC
The Appellate Division on Tuesday cleared the way for holding the recruitment test for Bangladesh Bank’s Assistant Director post slated for October 28.
The Chamber Judge of the Appellate Division Justice M Enayetur Rahim stayed the High Court order suspending the recruitment test after hearing a petition.
Barrister Khan Mohammad Shamim Aziz, a counsel of Bangladesh Bank, said now there is no bar to holding the recruitment test.
Advocates Anik R Haque and Rashedul Haque stood for the petitioner while Attorney General AM Amin Uddin represented Bangladesh Bank.
Earlier, on October 23, the High Court suspended the recruitment exam for Bangladesh Bank’s Assistant Director position for a month.
The court also issued a rule questioning why a directive should not be given to exempt the maximum age limit for applicants, dated till March 25, 2022, according to the new direction of the Public Administration Ministry.
The Finance Secretary, Public Administration Ministry Secretary, Bangladesh Bank Governor and the director of Bangladesh Bank human resources department were asked to respond to the rule.
After the HC order, the governor of the central bank filed an appeal petition with the Appellate Division bench concerned.
On May 10, Bangladesh Bank issued the job circular for recruiting in Assistant Director (general) post but on September 22 the Public Administration Ministry exempted 39 months in age limit for the candidates, considering Covid-19 situation.
The ministry asked to set the maximum age limit of candidates on March 25, 2020, in the job circulars published till June 30, 2023. The age relaxation will be effective for entry into government jobs excluding BCS examination.
According to the notification, due to Covid-19, different directorates, offices and statutory, autonomous and nationalised institutions under the jurisdiction of the ministries or departments could not publish recruitment circulars for direct recruitment in various categories of government jobs (except BCS).
As a result, candidates who have reached the age of 30 on March 25, 2020, can apply for all the recruitment circulars published till next year’s June 30.
But as the job circular for Bangladesh Bank’s Assistant Director (General) post was not revised and reissued, relaxing the age limit, a deprived job seeker Mirza Rakibul Hasan applied to the Bangladesh Bank Authority and the Ministry of Public Administration.
Later on October 12, he submitted a writ petition in this regard challenging the matter.
Advocate Rashedul Haque said if the age limit is relaxed at least 25,000 to 30,000 more job aspirants who have crossed the age limit of 30 by March 25, 2020 will be able participate in the exam.
Why Joj Mia should not be given adequate compensation: HC
The High Court on Tuesday issued a rule asking the authorities concerned why adequate compensation should not be given to Md Jalal alias Joj Mia who was wrongfully tried in August 21 grenade attack case and spent five years in jail without committing any crime.
The court also questioned why his wrongful arrest, arrest warrant and imprisonment will not be declared illegal.
The HC bench of Justice Mozibur Rahman Mia and Justice Kazi Ejarul Haque Akondo issued the rule during a hearing on a writ petition filed seeking Tk 10 crore as compensation for Joj Mia.
Barrister Humayun Kabir Pallab appeared for the petitioner while Deputy Attorney General Arobinda Kumar Roy represented the state during the hearing.
On September 12, Supreme Court (SC) lawyer Humayun Kabir Pallab filed the writ petition with the High Court.
The petition 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 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.
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.
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.