High Court
HC wants to know why ban on politics in Buet shouldn't be declared illegal; stays decision
The High Court on Monday stayed the decision of Bangladesh University of Engineering and Technology (Buet) authorities restricting politics on the campus.The HC bench of Justice Md Khasruzzaman and Justice KM Zahid Sarwar passed the order after hearing a petition filed by Imtiaz Rahim Rabbi, also a Buet student and a leader of Chhatra League, whose hall allotment was cancelled recently amid students’ protest against the gathering of some BCL leaders on the campus defying ban.
BCL no longer hiding its intention to rule BUET campusThe HC also issued a rule asking the government to explain as to why the decision of Buet authorities banning politics on the campus, taken in 2019, should not be declared illegal.Secretary to the Home Ministry, Buet Vice-Chancellor and its registrar were made respondents to the rule.Senior Advocate Shaha Manjurul Haque stood for the petitioner while Deputy Attorney General Samrendra Nath Biswas and assistant attorney general Abul Kalam Khan Daud represented the state.Advocate Manjurul said with this order there is no bar to continue student politics on the campus.On October 7, 2019, Abrar Fahad, a second-year student of Electrical and Electronic Engineering, was beaten to death by a group of Chhatra League (BCL) activists at the university's Sher-e-Bangla Hall in the early hours.On October 11, same year, Buet authorities banned student politics on the campus. It also issued a notification in this regard.
Don’t want BUET to become a breeding ground for negative political activities and militancy: QuaderOn July 19 2023, the Buet authorities again issued a notice prohibiting students and teachers from participation in politics on the campus. They issued the notice following media reports about the names of the members of BCL Central Committee where some students of Buet also got some posts in the committee.On Thursday night , some BCL leaders including the president Saddam Hossain entered the campus, sparking anger among general students.The staged demonstrations the following day protesting bid to revive political activities of BCL. They also held a press conference in front of Buet Shaheed Mianr on that day and continued their demonstration till Friday evening after taking position in front of the office of Directorate of Student Welfare on the campus.Later, the authorities concerned cancelled the hall allocation of Imtiaz who allegedly played a vital role in facilitating the entry of the BCL men.
A probe body was formed in this connection and it was asked to submit its report within April 8.
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.
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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.
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.
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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.
Petition filed seeking closure of restaurants in residential buildings
A writ petition was filed with the High Court seeking its directives to close all restaurants in residential buildings in Dhaka including on Bailey Road.
Supreme Court lawyer Eunus Ali Akond filed the writ petition with the High Court bench concerned on Sunday (March 03, 2024).
Besides, the petition also sought directives to provide compensation to the family members of the deceased and injured in the Bailey Road fire and arrest of those responsible in the fire incident.
Read more: A city of fire traps: Decades of tragedies in Dhaka expose systemic failures
Meanwhile, a Supreme Court lawyer Advocate Israt Zahan Santona filed another writ petition with the High Court bench concerned seeking judicial investigation into the deadly fire at Green Cozy Cottage Building on Bailey Road that claimed the lives of 46 people.
The petitions will move to the HC bench of Justice Naima Haider and Justice Kazi Zinat Hoque.
Secretaries to the Public Works Ministry, Cabinet Division, Home Ministry, Inspector General of Police, Chairman of Rajdhani Unnayan Kartripakkha (Rajuk), nayors of Dhaka North and South city corporations were made responsible in the writ petitions.
Read more: Why Fire Safety Audit is Essential for Commercial Buildings
On Thursday night, a massive fire broke out at a building on Dhaka's Bailey Road leaving at least 46 people dead and injuring dozens of people. Later, a case was filed with Ramna police station.
SC upholds HC order for demolishing Gulshan Shopping Centre
The Appellate Division on Monday (January 22, 2024) upheld the High Court order that ordered demolition of the Gulshan Shopping Centre in Dhaka's Gulshan-1 within 30 days.
A five-member bench of the Appellate Division, led by Chief Justice Obaidul Hassan, passed the order following a petition filed by the owners challenging the HC order.
In July 2023, two companies namely Bani Chitra and Films filed a writ seeking the HC directive to demolish Gulshan Shopping Centre citing safety concerns.
HC issues rule on inaction of the authorities to control fireworks and lanterns
Following the writ, on Dec 13, the HC bench of Justice Mustafa Zaman Islam and Justice Md Ataullah ordered the demolition of the center within a month.
Dhaka North City Corporation (DNCC), Rajuk and others were asked to implement this directive.
On July 13, 2023, Dhaka North City Corporation (DNCC) in a mobile court drive sealed off the shopping centre as it was found risky.
HC orders Dhaka court to hear bail pleas of Mirza Abbas, Annie
Regional Executive Officer and Executive Magistrate Zulkar Nayan and Executive Magistrate Md Mahbub Hasan conducted the mobile court.
In 2021, the Department of Fire Service and Civil Defence declared the market risky and abandoned due to the dilapidated building and lack of fire fighting system and sent a letter to the DNCC to take legal action regarding the issue on an urgent basis.
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Zulkar Nayan, regional executive officer and executive magistrate of Zone-3, said, "The shop owners were instructed repeatedly to vacate the building to prevent any kind of humanitarian disaster as the Gulshan-1 shopping centre is risky, but they did not vacate it."
HC rejects Fakhrul’s bail in case over vandalising Chief Justice's residence
The High Court today (January 10, 2024) rejected the bail petition of BNP Secretary General Mirza Fakhrul Islam Alamgir in a case filed over vandalising the Chief Justice's residence on October 28 during the party's grand rally.
The HC bench of Justice Md Salim and Justice Shahed Nuruddin passed the order after hearing a rule.
Advocate Joynul Abedin, Fakhrul's lawyer, said the decision to file an appeal will be taken after discussion.
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Deputy Attorney General BM Abdur Ruffel represented the state.
Earlier on December 7, 2023, the High Court issued a rule asking the government to explain why Fakhrul should not be granted bail in the case. The government was asked to respond to the rule within a week.
On December 17, the High Court set January 3 for hearing on the rule.
SC upholds HC order to dispose of Fakhrul’s bail pleas
On October 29, 2023, police filed a case with Ramna Police Station on charges of vandalism and attack on the Chief Justice's residence during a BNP rally on October 28. Fakhrul was arrested in the case on October 29 and has been in jail since then.
Remove distorted version of ‘Karar Oi Louho Kopat’ from all online platforms: HC to BTRC
The High Court today (January 09, 2024) asked Bangladesh Telecommunication and Regulation Commission (BTRC) to remove the distorted re-composition of Bangladesh’s National Poet Kazi Nazrul Islam’s timeless song “Karar Oi Louho Kopat” from all online platforms, including Facebook and YouTube.
The HC bench of Justice JBM Hassan and Justice Razik-Al-Jalil passed the order after hearing a writ petition.
Barrister Mohammad Humayun Kabir, on behalf of ten lawyers of the Supreme Court and a human rights organisation Law and Live Foundation Trust, filed the writ petition on December 6.
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Secretaries to the Information and Broadcasting Ministry, Information and Communication Technology Ministry, Cultural Affairs Ministry, Bangladesh Telecommunication and Regulation Commission and Kabi Nazrul Institute were made respondents.
On November 19, Barrister Mohammad Humayun Kabir sent a legal notice to the respondents seeking directives to remove the “distorted” re-composition of the national poet’s song from all online platforms.
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The original composer and lyricist of the song is National Poet Kazi Nazrul Islam, according to the writ petition. Renowned Indian music composer AR Rahman re-composed the song which is used in the film “Pippa.”
“Karar Oi Louho Kopat” is an immortal song and generations of listeners will be confused if both the familiar tune composed by Bangladesh’s national poet and the “distorted” version are available on online platforms, reads the writ.
Despite HC order Sylhet-2 independent candidate yet to get symbol
Despite a High Court (HC) order to allocate an electoral symbol to an independent candidate for Sylhet-2 constituency on Sunday, no symbol is yet to be provided to him ahead of the upcoming parliamentary national elections scheduled for January 7.
Muhibur Rahman, who is also Biswanath municipality mayor, staged a sit-in programme at the district returning officer's office demanding allocation of symbol on Thursday. His supporters accompanied him during the protest.
Govt declares Jan 7 as general holiday for 12th national election
At this moment, staff of the returning officer’s office and the demonstrating people got locked into an altercation there.
Later, they left the office upon intervention of the police.
Earlier, the independent candidate alleged that the Election Commission (EC) has been doing this to keep him away from the election to facilitate the Awami League-nominated candidate Shafiqur Rahman Chowdhury.
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He said they would continue the legal battle until he gets back the symbol as he is yet to conduct a campaign without it.
However, Sylhet Deputy Commissioner and also Returning Officer Sheikh Russell expressed reluctance to make any comment on this issue.
Without stepping down from the mayoral post, the candidate submitted his nomination paper to the returning officer.
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But, his nomination was declared invalid by the returning officer during a scrutiny. The EC also cancelled it during an appeal hearing later.
Finally, the candidate moved to the HC while the court ordered the authorities concerned to allow him to join the election race with a symbol.
Insaniyat Biplab Bangladesh files writ petition to reschedule election
A newly registered political party, Insaniyat Biplab Bangladesh, filed a writ petition with the High Court seeking dissolution of parliament and rescheduling of the poll under the direct supervision of the army.
The writ petition sought directives to appoint the army with magistracy power to maintain law and order during the election.
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Speaking to UNB after filing the writ petition, Insaniyat Biplab Chairman Imam Hayat said, “In the last election, we observed that the ruling MPs misused government power in their respective constituencies and used the administration, police and their own armed men to occupy the polling centres and obstruct others from casting their votes.”
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On May 8 this year, Insaniyat Biplab Bangladesh got EC’s registration as a political party following a High Court order. The party's election symbol is apple. However they did not submit nomination papers to take part in the election scheduled for January 7.
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Jasmine's death in RAB custody: Key info missing in report, says HC
The High Court today (October 15, 2023) expressed dissatisfaction over the probe report submitted by the high-level investigation committee on the death of Union land office employee Sultana Jasmine in RAB custody in Naogaon.
"The report is unclear," the High Court said. “It did not include anything regarding the process of detaining Sultana Jasmine. The report also failed to say whether her relatives were informed after her (Jasmine) detention. Therefore, the court is not satisfied with the report.”
Also read: HC grants 2 more months for probe into Jasmine’s death in RAB Custody
The HC bench of Justice Farah Mahbub and Justice Muhammad Mahbub-ul-Islam made the remarks on Sunday.
Later, the High Court bench directed the preparation of the rule for the upcoming hearing on this matter. The court scheduled the hearing for the rule for November 29.
Advocate Manoj Kumar Bhowmick appeared for the writ petitioner in the court. Deputy Attorney General Samarendra Nath Biswas, Assistant Attorney General Abul Kalam Khan Dawood and Assistant Attorney General Taufiq Sajwar Partha were present on behalf of the state.
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Advocate Manoj Kumar Bhowmick said the High Court was dissatisfied over the probe report as some key information was missing from the report.
Earlier on May 22, the Cabinet Division formed a high-level investigation committee to investigate the death of land office employee Sultana Jasmine in RAB custody in Naogaon based on the High Court’s directive.
The High Court ordered the committee to complete the investigation and submit its report within 60 days.
On August 14, the committee submitted a 302-page report to the High Court.
Also read: Sultana Jasmine died from brain hemorrhage: postmortem report
Union land office employee Sultana was detained by RAB from Muktirmor area of Naogaon city on March 22. She was admitted to Naogaon hospital the same day after she fell ill and later died at Rajshahi Medical College Hospital on March 24.
According to the postmortem report submitted by the Forensic Department of Rajshahi Medical College Hospital, Sultana Jasmine died from brain haemorrhage.
Rapid Action Battalion (RAB) said Jasmine was arrested for interrogation as there was an accusation of fraudulence against her.
Also read: Calls grow for judicial investigation of Jasmine's death in custody