HC
Why decision against disclosing who suggested names for CEC & ECs should not be declared illegal: HC
The High Court (HC) on Tuesday issued a rule asking the authorities concerned to explain why the decision not to disclose the information of the individuals or a party who suggested names for the Chief Election Commissioner (CEC) and other Election Commissioners (EC) should not be declared as legally unauthorized.
The HC bench of Justice Farah Mahbub and Justice Ahmed Sohel passed the order after hearing a writ petition filed by Shushashoner Jonno Nagorik (Shujan).
The Information Commission and Cabinet Secretary were asked to respond to the rule within four weeks.
On June 7, the Information Commission said ‘who suggested the name for EC’ - this information cannot be provided.
Badiul Alam Majumdar, secretary of Shushashoner Jonno Nagorik (Shujan), among four prominent citizens filed a writ petition regarding the legality of this decision.
Lawyer Sharif Bhuiyan and Lawyer Saiful Alam Chowdhury appeared for the writ petition in the court while Deputy Attorney General Samarendra Nath Biswas represented the state.
On February 16, Badiul Alam applied to the officer in charge of the Right to Information Division of the Cabinet Division, seeking the information about those who suggested the names to the search committee formed for recommending persons eligible for the post of CEC and Election Commissioners.
On March 1, the officer in charge expressed his inability to provide any information in this regard, saying that the cabinet department has no authority.
Shujan Secretary appealed against this to the Appellate Authority of the Cabinet Division.
Failed to get a response within the stipulated time, he complained to the Information Commission.
Read: HC forms expert committee to prevent plagiarism in PhD thesis
However, the Information Commission dismissed the complaint on June 7 stating that the information requested cannot be provided.
On June 23, Badiul Alam filed a writ petition challenging the legality of the decision of the Information Commission.
The writ also sought an issuance of rule regarding the Information Commission’s decision.
On February 5, a six-member search committee, led by Appellate Division Justice Obaidul Hasan, was formed to suggest the names of the Chief Election Commissioner and other election commissioners.
On February 14, the Cabinet Division published 322 names that were suggested for the next Election Commission. However, it was not disclosed who suggested the names.
On February 22, the search committee finalised the names of 10 people for recommendation to the president for the CEC and four election commissioners’ posts and submitted the list.
The President appointed the Chief Election Commissioner and four Election Commissioners from this list.
Why Jahangir’s suspension from mayoral post should not be declared illegal: HC
The High Court on Tuesday issued a rule asking the government to explain why the suspension of Mohammad Jahangir Alam from the post of mayor in Gazipur City Corporation should not be declared illegal.
The HC bench of Justice Zafar Ahmed and Justice Akhtaruzzaman issued the rule after hearing a writ petition challenging the decision of suspension.
The Ministry of Local Government, Rural Development and Cooperatives has been asked to respond to the rule within the next two weeks.
On August 14, a writ petition was filed with the High Court challenging the legality of the suspension of Jahangir .
After a hearing on August 17, the bench of Justice Zafar Ahmed and Justice Akhtaruzzaman fixed the date.
Read: Complainant tortured at police station: Manikganj OC withdrawn
In September last year, videos of Jahangir making some derogatory remarks on Bangabandhu and some martyred freedom fighters at a programme went viral on social media.
On November 19, the Awami League expelled him from his position for his derogatory remarks.
On November 25, the Ministry of Local Government, Rural Development & Co-operatives suspended GCC Mayor Jahangir, six days after his expulsion from Awami League.
Earlier, seven cases were filed against the suspended mayor in different parts of the country for his derogatory remarks about Father of the Nation Bangabandhu Sheikh Mujibur Rahman and the great Liberation War.
HC stresses accessibility of DCs to the people during contempt hearing
The High Court on Monday ordered the Kushtia deputy commissioner to keep his doors and windows open for the public so they can easily meet him.
The HC bench of Justice Abu Taher Md Saifur Rahman and Justice AKM Rabiul Hassan came up with the observation while hearing a petition.
“Keep your doors open so people can easily get a chance to meet you with their complaints. You must take action after getting a complaint as a deputy commissioner is considered the heart of the government. The image of the government depends on your work,” said the court in its observation.
Also read: HC asks ACC to complete investigation against Ramna OC within 3 months
On August 11, the High Court summoned five people including deputy commissioner of Kushtia Saidul Islam in a contempt of court case.
On Sunday (yesterday), four of them including the Kushtia DC, Brac Bank Md Selim R F Hossain, Superintendent of Kushtia Police Khairul Alam and a businessman named Abdul Rashid appeared before the court.
The court also rejected the petition of Kushtia DC and SP filed seeking exemption from physical appearance before the court.
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Later, they appeared before the court as per the court order on Monday (today).
The HC also exempted DC Kushtia for physical appearance before the court.
The HC also fixed October 24 for hearing on the contempt of court rule. SP Khairul, Brac Bank Md and Abdur Rashid and Sabbirul Alam, officer-in-charge of Kushtia Sadar Police Station, were asked to appear before the court on that day.
Advocate Ragib Rouf Chowdhury, a counsel for a businessman Shafiqul Islam said the property of his client worth Tk 133 crore was sold at an auction for just Tk 15 crore.
Shafiqul established his business structures on eight acres of land after taking Tk 42 core loan from the Brac Bank. He also paid Tk 90 crore towards paying off the loan with interest. But that was not enough, and his property was seized and an auction called.
A writ petition with the High Court was filed challenging the auction procedures.
On August 2, the High Court passed an order staying procedure of the auction and asked Shafiqul to pay Tk 20 crore in one month and Tk 6 crore annually to pay off the rest of his loan.
But violating the HC order, the property of Shafiqul was auctioned.
The contempt of court case was lodged in this connection.
HC asks ACC to complete investigation against Ramna OC within 3 months
The High Court on Sunday asked the Anti-Corruption Commission (ACC) to complete the investigation within three months about the allegation against the officer-in-charge of Ramna Police Station Manirul Islam of amassing illegal wealth.
The HC bench of Justice Md Nazrul Islam Talukder and Justice Khizir Hayat passed the order after hearing a writ petition.
Advocate Barrister Syed Sayedul Haque Suman filed the writ petition seeking investigation into the wealth of the Ramana OC on August 10 after attaching a report which was published in a vernacular daily on August 5 headlined ‘Ramna OC has eight-story building and huge wealth’.
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The petitioner filed an appeal to ACC seeking investigation into allegations brought against the OC on August 11.
On August 17, the ACC decided to conduct an inquiry against the allegation, said ACC counsel Advocate Khurshid Alam.
Advocate Syed, Advocate Khurshid appeared for the petitioner and the ACC respectively while Advocate Mahbub Shafique stood for the OC and deputy attorney general AKM Amin Uddin represented.
Also read: Why inaction to remove Wasa MD form his post should not be declared illegal: HC
According to the report, OC of Ramna police station Manirul is the owner of an eight-story building and a duplex house is under construction. An allegation was brought against him that he grabbed a house of a freedom fighter at Mohammadpur Housing Society.
Why fuel price hike through gazette notification should not be declared illegal: HC
The High Court on Tuesday issued a rule asking the government to explain as to why raising fuel price through a gazette notification instead of holding a public hearing should not be declared illegal.
The HC bench of Justice Md Mojibur Rahman Mia and Justice Kazi Md Ejarul Haque Akondo issued the rule after hearing a writ petition challenging the legality of the latest hike in fuel prices in the country.
The Secretary of the Ministry of Power, Energy and Mineral Resources and the other authorities concerned have been made respondents to the rule.
Supreme Court Advocate Md Eunus Ali Akond and Barrister Jyotirmoy Barua stood for the petitioner while deputy attorney general Arbinda Kumar Roy represented the state.
Read: Fuel price hike hinders transportation at Benapole Port
On august 8, a writ petition was filed with the High Court challenging the legality of the latest hike in fuel prices in the country.
The writ petition sought the HC’s directive to stay the gazette issued by the Ministry of Energy, Power and Mineral Resources raising fuel prices.
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: Not worried over allies’ protesting fuel price hike: Obaidul Quader
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 of fuel by a big margin on August 5.
Diesel prices were 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.
HC directs Laxmipur UP Chairman Selim Khan to surrender within 3 weeks
The High Court on Sunday directed controversial Laxmipur UP Chairman Md Selim Khan to surrender to the trial court within three weeks in a case filed over acquiring Tk 34 crore illegal assets through unauthorised sand mining.
Bench of Justice Mostafa Zaman Islam and Justice Md Seim passed the order rejecting his bail plea during a hearing.
Advocate Khorshed Alam appeared for chairman Selim while advocate Fowzia Akter Popy represented Anti-Corruption Commission (ACC).
Also read: AL expels UP chairman Selim Khan
On August 1, ACC’s assistant director Ataur Rahman filed the case against Selim Khan for acquiring assets worth Tk 34.53 Crore illegally.
According to the complaint, Selim Khan acquired Tk 34,53, 81,119 crore worth assets which exceeds his known income and he concealed information about his Tk 66.99 lakh worth assets.
Earlier on August 8, the appellate division of the Supreme Court ruled that Md Selim Khan must pay a huge amount in royalties against sand extraction from the Meghna river bank.
It said since 2016, writ petitioner Selim Khan had been extracting sand from the Meghna river in a part of Chandpur Sadar and Haimchar indiscriminately, without paying any royalties, causing the government to incur a huge loss.
Also read: Highest court rules Laxmipur chairman must pay royalties against sand extraction
Appellate Division asked to collect the royalties from Selim Khan for the time period starting from April 5, 2018, the date of an earlier High Court order, to April 4, 2022 -when the order was suspended by the Supreme Court.
HC forms expert committee to prevent plagiarism in PhD thesis
The High Court on Sunday formed a seven-member expert committee to formulate a guideline to prevent plagiarism in PhD thesis.
The committee has been asked to submit the guideline within the next three months.
Bench of Justice JBM Hassan and Justice Razilk Al Jalil passed the order during a hearing on a writ petition in this regard.
The members of the committee includes, educationist Dr Muhammad Zafar Iqbal, former Vice Chancellor of Dhaka University (DU) Prof Dr AAMS Arefin Siddique, Chairman of Computer Science department of DU Prof Saifuddin Md Tareeq, DU Law department Prof Dr Nakib Mohammad Nasrullah, former chairman of University Grants Commission (UGC) Prof Abdul Mannan, Prof Dr Mahmuda Naznin, head of Department of Computer Science and Engineering of Bangladesh University of Science and Technology (Buet), Prof Dr Md Mostofa Akbar of the same department.
Also read: HC asks UGC to submit report on PhD degree-awarding process
Advocate Md Moniruzzaman Linkon appeared for the petitioner while Deputy Attorney General Tushar Kanti Roy represented the state during the hearing.
UGC has been asked to provide necessary assistance to the newly formed committee to formulate the guideline said DAG Tushar Kanti Roy.
On January 26, 2020, advocate Md Moniruzzaman Linkon submitted the petition based on a report published on a vernacular daily’s online version.
The report published on January 21, that year said 98 per cent of thesis conducted by DU Assistant Professor Abul Kalam Lutful Kabir of the Department of Pharmaceutical Technology was plagiarized.
On February 4, this year court wanted to know whether the public and private universities approve PhD and equivalent degrees following proper law and asked DU to investigate the plagiarism issue of Prof Lutful Kabir.
Also read: DU demotes 3 teachers for plagiarism
Besides the court issued a rule questioning why technology should not be used to check plagiarism in thesis before giving PhD degree approval. The court also questioned why an order should not be given to take measures to stop this crime.
Bangladesh money in Swiss Banks: Swiss envoy’s comment is embarrassing: HC
Swiss Ambassador Nathalie Chuard’s statement that Dhaka didn’t ask for information about Bangladesh money deposited in Swiss banks put the country in an embarrassing situation, said the High Court on Sunday.
A High Court bench of Justice Md Nazrul Islam Talukder and Justice Khizir Hayat made the observation after back-to-back statements by the Bangladesh Bank and Foreign Minister AK Abdul Momen that Bangladesh didn’t get any information from the Swiss authorities despite repeated requests.
The HC bench then directed the State and the Anti-Corruption Commission (ACC) to submit their statements as affidavits and fixed August 21 for issuing a ruling on the matter.
Also read: Info of Bangladesh money in Swiss banks: BFIU submits report to HC
Senior Lawyer Khurshid Alam Khan stood for the ACC while Deputy Attorney General (DAG) AKM Amin Uddin Manik appeared for the State at the hearing.
ACC lawyer Khurshid told the Court that his client had requested the Bangladesh Financial Intelligence Unit (BFIU) to collect financial information on some people from the Swiss authorities in three separate cases since 2014.
“On one instance, BFIU told the ACC that the Swiss authorities couldn’t provide any information about one person. In the two other cases, BFIU didn’t provide any data,” Khurshid told the court.
He added that the information BFIU received from Swiss Financial Intelligence Unit (FIU) are confidential and can only be used as intelligence.
“This information can’t be used as evidence in court proceedings,” he said.
Separately, the deputy attorney general told the court that Swiss ambassador’s comment has created confusion.
Also read: Why govt didn't seek info of Bangladesh money in Swiss banks: HC
“Swiss banks published their yearly reports on June 16. The Bangladesh government then requested the Swiss FIU to provide financial information on some people and banks through the Egmond Secure Web (ESW). The Swiss authorities are yet to comply,” DAG Amin said.
The State also informed the court that since becoming a member of ESW in 2013, Bangladesh has sought financial information on a total of 67 people and institutions from the Swiss FIU.
“Till now, the Swiss authority has provided information on only one person, which BFIU has forwarded to the ACC,” added Amin.
The HC bench issued an order on the matter on Thursday in which it asked the State and the ACC to take part in the hearing. Obeying the court’s order, the State and the ACC took part in the hearing on Sunday.
HC issues rule on e-scammers Dalalplus
The High Court on Monday issued a rule asking the government to explain why the owners of e-commerce company Dalalplus should not be directed to return Tk 1.39 crore to 41 customers.
Secretaries to the Commerce Ministry, Finance Ministry, Post and Telecommunications Ministry, Chairman of Anti-Corruption Commission, Bangladesh Bank Governor and 16 accused including Dalalplus authorities have been made respondent to the rule which is returnable in four weeks.
The HC bench of Justice Md Mozibur Rahman Miah and Justice Kazi Md Ejarul Haque Akondo passed the order after hearing a writ petition.
Advocate Humayun Kabir Pallab stood for the petitioner while deputy attorney general Arbind Kumar Roy represented the state.
On June 28, Supreme Court lawyer Mohammad Humayun Kabir Pallab filed a writ petition seeking Tk 1.39 crore back to 41 customers of e-commerce company Dalalplus.
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The writ petition also sought necessary steps against the irregularities of Dalalplus.
41 customers of Dalalplus including Morshed Noman paid money for purchasing their respective products in May, June and July and still they failed to receive their products.
Later, they filed a writ petition against the e-commerce company.
They are also involved in collecting several crores of money from the customer by publishing advertisements. Without providing products, the company embezzled the money of customers.
HC directs to protect 952 ponds in Rajshahi city
The High Court on Monday directed Rajshahi City Corporation (RCC) to protect 952 ponds under its jurisdiction.
A bench of Justice Zubayer Rahman Chowdhury and Justice Kazi Ebadat Hossain made the direction during hearing on a writ petition filed by environment human rights organization Human Rights and Peace for Bangladesh (HRPB).
The court also asked to ensure no more ponds get occupied or filled in the city. RCC mayors, Rajshahi Directorate of Environment and Deputy Commissioner have been asked to implement the order.
Also read: Writ petition challenges legality of raising fuel prices
The court also directed to return the ponds of RCC to their previous state and said the trial in this regard will continue, said HRPB president Manzil Morshed.
Manzil Morshed said the writ petition was filed in 2014 to stop the filling up of ponds in the RCC area.
The High Court then issued a rule questioning why a direction to stop filling and protecting the ponds in the RCC area will not be issued and asked Rajshahi DC to inform the numbers of ponds.
Also read: People suffer as demand for a RCC bridge goes unheeded
After that, Rajshahi DC submitted a report to HC informing there are a total of 952 ponds in RCC.
On February 23, this year, a supplementary appeal with the writ was submitted adding a report published in a national daily titled, `'Conserved pond filled up to sell as plots'", said the HRPB president.