law-order
HC to form 4-member interim board for Evaly
The High Court on Tuesday said a four-member interim board can be formed for controversial e-commerce platform Evaly to assess its liabilities for liquidation.
The single company bench of Justice Muhammad Khurshid Alam Sarkar expressed the opinion followed by submission of all the documents of Evaly before the court by Registrar of Joint Stock Companies and Firm (RJSC).
The court set Wednesday to hold a hearing to pass an order in this regard.
The court is considering forming an interim board consisting one retired justice, one jurist, one secretary and one chartered accountant to make decisions and assess liabilities of the company, said AKM Badruddoza lawyer for RJSC.
Read: HC bans sale-transfer of Evaly’s property
The court sought names of former or incumbent three secretaries and one additional secretary from the commerce ministry to choose one of them as a board member.
Lawyer AM Masum and Syed Mahsib Hossain presented the petitioner’s side at the court and Tapash Kanti Bal presented the Ministry of Commerce, Directorate of National Consumer Rights Protection and Bangladesh Competition Commission. Lawyer AKM Badruddoza appeared for RJSC.
“Disposing the liquidation application of Evaly will be a lengthy process and in the meantime there is no one to take decisions on the company as both the directors are currently in jail hence court made the suggestion,” said lawyer AKM Badruddoza.
Evaly CEO Mohammad Rassel and his wife Shamima Nasrin, the chairman of the platform were arrested on September 16, after a customer named Arif Baker filed a case at Gulshan Police Station alleging that e-commerce platform was not delivering products despite taking advanced payments.
Read: Evaly CEO remanded again, wife lands in jail
Meanwhile customer Farhad Hossain submitted an application at the High Court seeking dissolution of the beleaguered company and direction on forming a board of directors for the company.
On September 22, the High Court ordered a ban on the sale and transfer of movable and immovable property during a hearing on the application and issued a notice questioning why Evaly will not be disbanded.
On September 30, during a hearing in this regard the HC directed RJSC to submit all the documents of Evaly within October 11.
HC rejects Helena’s bail plea in DSA case
The High Court on Tuesday rejected bail to Helena Jahangir, an expelled Awami League member and businessperson, over a case filed at Gulshan police station Under Digital Security Act.
The bench of Justice Md Rezaul Haque and Md Badruzzaman dismissed the bail petition as not presented at the court and as a result the accused will not be able to walk out of jail.
Lawyer Z I Khan Panna and Syed Fazle Elahi presented the petitioner’s side during the hearing while Additional Attorney General Sheikh Mohammad Morshed, Deputy Attorney General Dr Md Bashir Ullah and Deputy Attorney general AKM Amin Uddin appeared for the state.
Helena submitted a petition seeking bail from the High court last week.
READ: Helena Jahangir seeks bail from HC in DSA case
On July 30, Rapid Action Battalion-1 (Rab) filed the case against Helena at Gulshan police station for spreading invectives and abusive comments against ministers and government high-ups using digital platforms.
On September 21, Dhaka Metropolitan Session Judge KM Imrul Kayes rejected Helena’s bail plea in this case.
On the night of July 29, Rab arrested Helena from her Gulshan residence, four days after she was removed as member of AL sub-committee on women affairs.
The elite force "seized foreign liquor, illegal walkie-talkie sets, casino equipment and deer skins" during the four-hour raid on her home.
READ: Helena gives confessional statement in narcotics case
Later another raid was conducted at Joyjatra IPTV station in Mirpur and it was sealed after recovering illegal equipment.
Later the court placed Helena on a 17-day remand in four cases.
She secured bail in one case from court on August 17 and in two other cases on September 21.
Banani double rape case: Court sets Oct 27 for delivering judgment
A Dhaka court on Tuesday fixed October 27 for delivering its judgment in a case over the rape of two girls in a hotel in the capital’s Banani area in 2017.
Acting Judge of Dhaka Women and Children Repression Prevention Tribunal-7 Abdullah Al Mamun fixed the date.
Earlier on October 3, a Dhaka court set October 12 to deliver its verdict in the case.
Dhaka Women and Children Repression Prevention Tribunal-7 Judge Begum Kamrunnahar was scheduled to hear the case today but the court deferred the verdict as she was on leave due to sickness .
Read: Banani double rape: 5 accused sent to jail, verdict on October 12
On June 7, 2017, investigation officer of the case Inspector Ismot Ara submitted a charge sheet to the court against five accused.
On June 19, the tribunal accepted the charge sheet.
Rape charges were pressed against accused Safat Ahmed, son of Apan Jewellers co-owner Dildar Ahmed Selim, and Nayeem Ashraf while charges for assisting in rape pressed against Safat’s friend Sadman Sakif, Shafat's driver Billal Hossain and bodyguard Rahmat Ali.
On May 6, 2017, one of the two abused girls filed the case with Banani Police Station against five persons including Shafat and Shadman Sakif.
According to the case statement, Safat and Nayeem raped the plaintiff and her friend on March 28 at The Raintree Dhaka in the capital's Banani area while the three others assisted them.
Read: Banani double rape case: Court cancels Shafat’s bail
The victims were acquainted with Safat through Sadman two weeks before the incident and they were tricked in attending a grand program at the hotel on that day, said the statement.
5 to die for killing college student in Rajshahi
A Rajshahi court on Tuesday sentenced five people to death for killing a college student in 2010.
The condemned convicts are—Azizur Rahman, Sazzad Hossain Saju, Rinku of Darikharbona of Rajshahi city, Ismail Hossain of Brambhapur village in Durgapur upazila and Mahbubur Rashid Rentu of Bagmara upazila.
The court also fined them Tk 10,000 each.
Read: One to die, 5 get different jail terms for carrying cocaine in Khulna
According to the prosecution, victim Raju Ahmed, a HSC examinee of Durgapur Daudkandi Degree College and son of Esar Uddin of Hasnipur village in Bagmara upazila, and Rentu had been at loggerheads over a piece of land. Raju also had a jewelry shop in the area.
As a sequel to the enmity, Rentu demanded Tk 50,000 from Raju as extortion. Being refused, Rentu along with his associates vandalized his shop.
Later, Raju lodged a complaint with Bagmara police.
Read: Man to die for killing wife in Khulna
Angered by the incident, Rentu threatened Raju and hired four people for killing him at a cost of Tk 30,000.
On March 15, 2010, the convicts stabbed Raju to death the in city’s New Market area. A case was filed the following day.
After examining the records and witnesses, Rajshahi Speedy Trial Tribunal Judge Anup Kumar handed down the verdict and acquitted nine people as allegations brought against them could not be proved.
Babar gets 8 years in graft case
A Dhaka court on Tuesday sentenced former state minister for home Lutfozzaman Babar to eight years in jail in a corruption case.
Judge Mohammad Shahidul Islam of Dhaka Special Judge Court-7 handed down the punishment to Babar after holding him guilty of amassing ill-gotten wealth worth Tk 7.5 crore and hiding the information.
Read:Judgment in Babar’s graft case on Oct 12
The court also imposed a fine of Tk 10,000 on Babar and ordered the forfeiture of over Tk 6.26 crore in his bank account. Babar will have to undergo an additional three months' imprisonment if he fails to pay the fine.
As the convict has been behind the bars in this case since July 26, 2007, the court said that his sentence would be deducted from the period already served as an undertrial.
However, Babar’s counsel has appealed to the court against the judgment.
On January 13, 2008, the Anti-Corruption Commission (ACC) filed the corruption case against Babar at the Ramna Model Police Station.
On July 16, 2008, deputy assistant secretary of ACC, Rupok Kumar Saha, submitted a chargesheet against him.
Read: Babar, 18 others to die; Tarique among 19 get life term
Babar was arrested from his Gulshan residence on May 28, 2007. He was sentenced to 17 years’ imprisonment in an arms case on October 30, 2007.
He was also sentenced to death in the 10-truck arms haul and August 21 grenade attack cases.
In 2018, a fast-track tribunal sentenced 19 people, including Babar, to death in the case filed over the August 21 grenade attack on an Awami League rally in the capital in 2004.
SC upholds order to investigate Rajarbagh Pir’s assets and bank accounts
The Supreme Court on Monday upheld an order to the Anti-Corruption Commission (ACC) to investigate the assets and bank accounts held by Rajarbagh Darbar Sharif and its Pir Dillur Rahman and submit a report accordingly.
Chamber judge of the Appellate Division Justice Obaidul Hasan passed the order after rejecting Pir Dillur Rahman’s plea to an earlier High Court order in this regard.
Advocate Zahirul Islam Mukul stood for Rajarbagh Pir while Advocate Mohammad Shishir Monir represented the petitioner.
On August 19, the High Court ordered the ACC to investigate the assets and bank accounts held by Rajarbagh Darbar Sharif and its Pir Dillur Rahman and submit a report accordingly.
The court also directed Counter Terrorism and Transnational Crime Unit (CTTC) of police to investigate if the Pir has any connection with any militant group.
The bench of Justice M Enayetur Rahim and Md Mostafizur Rahman passed the order issuing a rule during a hearing on the writ petition filed by eight people harassed by false cases filed across the country by the Pir and his followers.
The court also directed the Criminal investigation Department (CID) to submit an investigation report within 60 days on all the false cases filed by the Pir and his followers.
In the rule, the court questioned why legal actions will not be taken against the accused for filing false, confusing and harassing cases making 20 including the senior secretary of the home ministry and police chief respondents.
On September 16, the eight victims filed the writ petition which said the syndicate of Pir Dillur Rahman violated their basic rights bestowed by articles 27, 31, 32 of the constitution in filing the false criminal cases against them.
Earlier on June 7, Ekramul Ahsan Kanchan, 55, resident of Shantibagh area in Dhaka filed a writ petition before the court to quash the 49 false cases filed against him across the country by syndicate of the Rajarbagh Pir.
Following which, the High Court directed CID to investigate the matter.
According to CID’s investigation report the Pir and his syndicate was pressuring Ekramul to handover a portion of his and his brother’s land in the name of Darbar Sharif which he denied.
Being upset Pir and his followers filed number of cases, including violence against women, rape, robbery, human trafficking against Ekramul in different districts.
On September 8, upon the submission of the report High Court expressed surprise over the Pir syndicate grabbing other’s lands and assets.
More e-commerce scams exposed: 6 officials of Tholay.com, WeCoom.com held
Members of the Criminal Investigation Department (CID) detained six officials of Tholay.com and WeCoom.com on charge of embezzlement of Tk 2.5 crore.
They were detained after an aggrieved customer lodged a complaint with the police against the two e-commerce platforms on charge of fraud, said Additional Deputy Inspector General of CID Imam Hossain while briefing reporters at its headquarters on Monday.
The detainees are Nazrul Islam, head of operation of Tholay.com and WeCoom.com, Sohel Hossain, 27, accounts officer of the firms, Tarek Mahmud Anik, 28, digital communication officer, Sazzad Hossain alias Piash, 27, sales executive officer, Munna Pervez, 26, call centre executive officer and Masum Hasan, 27, supervisor.
Also read: E-commerce firms like Evaly, E-orange to face action: DMP
The CID team also recovered some documents of agreement, bank cheques, photocopy machines, registrars and currency counting machines from the office.
While briefing, Imam Hossain said the e-commerce platforms allured customers with many discounts and offers and swindled Tk 2.5 crore from them, he said.
Khairul Alam Mir, 27, a customer, complained that the companies offered many products at lucrative prices and promised that they would ensure delivery of their products within 30 days but failed to do that.
The scams of e-commerce platforms surfaced recently with the detection of fraudulence by a number of e-commerce firms, including Evaly and E-orange.
These online platforms took advance payments from customers by offering lucrative discounts but failed to supply the products.
Evaly
Evaly CEO Mohammad Rassel and his wife Shamima Nasrin were arrested after an aggrieved customer, Arif Baker, lodged a case with Gulshan police station accusing them and few other company executives of embezzlement of money.
Sub-inspector Ahidul Islam, the investigation officer of the case, said the case was registered over the allegation of embezzlement of money and fraudulence.
Besides, the Bangladesh Financial Intelligence Unit (BFIU), an arm of the Bangladesh Bank that specializes in financial crime investigations, directed all the commercial banks and financial institutions through a common letter on August 27 to freeze all the bank accounts operated by top executives of Evaly.
Also read: Money laundered by e-commerce firms to be recovered: Murad Hassan
The Directorate of National Consumer Right Protection, a department under the Commerce Ministry, received allegations from consumers about “cheating” by Evaly.
Bangladesh Bank officials said one of the major allegations against Evaly is forcing its consumers to deposit their money in the e-wallet of the firm which was totally illegal.
E-orange
On September 2, a Dhaka court sent virtual outlet e-orange.shop owner Sonia Mehzabin, her husband Masukur Rahman and, Chief Operating Officer, Aman Ullah to jail in a fraud case filed over embezzlement of Tk 1,100 crore from consumers.
On August 23, Dhaka Metropolitan Magistrate Morshed Al Mamun Bhuiyan placed the accused on a 5-day remand in the case.
On August 17, the court sent them to jail rejecting their bail prayers when they surrendered to Dhaka Additional Chief Metropolitan Magistrate Abubakar Siddique's court.
On August 16, an aggrieved customer of E-Orange, Md Taherul Islam, filed a fraud case with Gulshan police in presence of 37 other customers who testified against the accused.
One year on, justice for Raihan’s death in custody still remains elusive
Even though one year has elapsed since the shocking death of Raihan Ahmed in ‘custody’, his family members are worried as there has been little progress in starting the trial of the sensational case to bring the offenders to justice.
The slow pace in the investigation has led to frustration among Raihan's family members as they are still on the streets demanding justice.
On Sunday afternoon, the day before the one-year death anniversary, Raihan's mother and wife took part in a human chain here with Raihan's one and a half years’ old baby girl, Alfa, in the lap of one of the participants, demanding justice for the murder.
Read: Raihan custodial death case: Sylhet court accepts chargesheet against 6
Family’s frustration
At the human chain, Raihan's frustrating mother, Salma Begum, and wife, Tahmina Akhter Tani, demanded that the trial of Raihan's murder be disposed of as soon as possible.
Salma Begum said, “Even though most of the accused were arrested, we’re disappointed over the delay in submitting the chargesheet. The case could be shifted to a Speedy Trial Tribunal, if necessary.”
Tani said Abdullah Al Noman, one of the accused, is still on the run and he might have fled the country. “The authorities should immediately trace him and do whatever is needed to bring him back if he’s hiding abroad,” she said.
Chuadanga fugitive arrested in Dhaka after 8 years
A man who was sentenced to one year jail in a check fraud case in 2013 has been arrested at Banani in Dhaka.
Jainul Abedin Johnny alias Tawfiq, 39, of Belgachhi area in Chuadanga district was arrested on Sunday morning from a Bananii residence in the capital.
Read:Detectives arrest fugitive drug dealer in Natore
Chuadanga Sadar Police Officer-in-Charge (OC) Mohammad Mohsin said Tawfiq was handed over to a court at 4.30 pm on Sunday,
Tawfiq’s unpaid loans stood at Tk 2.5 crore in 2013 after he incurred huge losses in old vehicles and motor parts businesses in 2010 and 2012.
Several cases were filed against him in Dhaka and Chuadanga courts.
Read:Biswajit Das murder case: Fugitive convict held in Faridpur
In one of them, he was sentenced to one year imprisonment in a case over check fraud in 2013. He remained fugitive since then.
OC Mohsin said he was convicted in six cases and there are a total of 10 arrest warrants against him.
Free Fire-maker Garena applies to be party to legal fight
Garena Online Pvt Ltd of Singapore, the maker of the Free Fire game, has appealed to the High Court to join the hearing of the rule on banning harmful games, including PUBG and Free Fire from online platforms of Bangladesh.
The petition was heard for the third day on Sunday. The court has fixed October 26 as the date for their attending the hearing.
HC bench of Justice Md Mozibur Rahman Miah and Justice Md Kamrul Hossain Mollah passed the order.
Barristers Junaid Ahmed Chowdhury and Tanvir Quader were present on behalf of Garena's application and Barrister Humayun Kabir Pallab was present at the hearing on behalf of the writ petition.
Earlier, on August 16, HC asked the authorities concerned to take steps to remove harmful games including PUBG and Free Fire from online platforms in Bangladesh.
The court also issued a rule seeking explanation as to why all types of online games and apps like Tiktok, Bigo Live, PUBG, Free Fire Games and Likee should not be banned.
Read: Garena Free Fire Battlegrounds Game Tips and Tricks for the Beginners
On 24 June, Law and Life Foundation, a human rights organization, filed the writ petition with the High Court seeking directives to ban Likee, TikTok, Bigo Live apps, and PUBG and Free Fire games in Bangladesh.
Secretary to the Post and Telecommunication Division, Chairman of the Bangladesh Telecommunication Regulatory Commission, Education, Home, Law and Health secretaries, and the Inspector General of Police, Bangladesh Bank, bKash, Nagad and 18 other individuals and organizations were asked to respond to the rule within 10 days.
Garena Online Pvt Ltd of Singapore earlier applied to the HC to take part in the rule hearing. According to the application, there are many players of Free Fire in Bangladesh. For the link backing of Free Fire in Bangladesh, Garena has been facing direct financial losses and that’s why they want to take part in the hearing.
However, Barrister Pallab said Garena is a registered company of Singapore. They have no legal registration or office in Bangladesh. So, legally they do not have the opportunity to apply for taking part at the hearing.
On June 24, Supreme Court lawyers Barrister Mohammad Humayun Kabir Pallab and Barrister Mohammad Kawshar filed the writ petition on behalf of the human rights organization Law and Life Foundation.