High Court
Why 2 NSU trustees should not be granted bail: HC
The High Court (HC) on Tuesday issued a rule seeking explanation as to why two trustee board members of North South University (NSU) should not be granted bail in a case over embezzling money in the name of buying land for the univeristy.
The bench of Justice Md Nazrul Islam Talukder and Justice Khizir Hayat issued the rule after turning down the bail pleas of two trustees-MA Kashem and Rehana Rahman.
Advocate Sayed Ahmed Raza and Advocate Shah Monjurul Hoque appeared for the bail petitioners.
Advocate Khurshid Alam Khan appeared for the Anti-Corruption Commission (ACC) while Deputy Attorney General AKM Amin Uddin Manik represented the state.
On 22 May, the HC ordered Shahbagh police to arrest four NSU trustees after rejecting their anticipatory bail pleas in the case.
The other accused trustees are- Benazir Ahmed and Muhammad Shahjahan.
Read:HC: Bangladesh Railway gets 7 days more to submit report on mismanagement
On May 5, the ACC sued the chairman of the board of trustees of North South University (NSU) Azim Uddin Ahmed and five others for embezzling Tk 303.82 crore in the name of buying land for the campus.
Another accused is- Managing director of Ashalaya Housing and Developers Limited Amin Mobammad Hilali.
ACC's Deputy Director Farid Ahmed Patwar filed the case.
According to the Private University Act, 2010, the Board of Trustees is the highest governing body of a private university like North South University. According to the Memorandum of Association and Articles (Rules and Regulations) of the University, the University is a charitable, welfare oriented, non-commercial and non-profit educational institution, said the case statement.
The case states that over 9088 decimal land was bought in the name of campus development of NSU with the consent of some members of the Board of Trustees bypassing the approval of the University Syndicate, University Grants Commission and the Ministry of Education.
They later withdrew cash from the buyer through cash checks in their own names and kept FDR in their own names.
They unjustly benefited themselves by committing illegal activities through misuse of power and embezzling university and government funds, according to the case.
In carrying out such illegal activities, they have committed a punishable offense by resorting to fraud and forgery and exchanging commissions.
High Court gets 11 new additional judges
Eleven new additional judges have been appointed to the High Court Division of Supreme Court.
The Law Ministry issued a gazette notification in this regard on Sunday.
President Abdul Hamid made the appointments for two years in line with article 98 of the Constitutions, according to the gazette notification.
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The eleven news judges are—District and Sessions Judge Shawkat Ali Chowdhury, Cumilla District and Sessions Judge Mohammad Atabullah, Deputy Attorney General Biswajit Debnath, Deputy Attorney General Aminul Islam, Advocate of Supreme Court Mohammad Ali Reza, Registrar General of the Supreme Court Mohammad Bazlur Rahman, Dhaka Metropolitan Magistrate KM Imrul Kayes, Tangail District and Sessions Judge Fahmida Quader, Deputy Attorney General Bashir Ullah, Advocate of Supreme Court SM Masud Hossain Dolon and Advocate of Bangladesh Supreme Court AKM Rabiul Hasan.
Also read: Dispose child custody cases in 6 months: High Court
Mohammad Saifur Rahman, registrar of the Appellate Division of the Supreme Court, said the additional judges will take oath at the Supreme Court Judges Lounge around 4:30 pm today.
Chief Justice Hasan Foez Siddique will administer the oath.
Irregularities in train ticket sale: HC stays realisation of fine from Shohoz
The High Court (HC) on Sunday stayed the realisation Tk 2 lakh fine imposed by the Directorate of National Consumer Rights Protection (DNCRP) on e-ticketing platform Shohoz.com following a complaint by a Dhaka University student over irregularities in ticket sale.
The HC bench of Justice Mohammad Khoshruzzaman and Justice Iqbal Kabir passed the order after hearing a writ filed by Shohoz, said Lawyer Tanjib-ul Alam, counsel of Shohoz.com.
The court also issued a rule questioning why DNCRP’s fine on Shohoz.com should not be declared illegal.
On July 26, Shohoz.com filed a writ petition with the High Court challenging the legality of the Tk 2 lakh fine imposed by DNCRP.
In the writ, Shohoz.com appealed to the court to suspend the realisation of fine by the DNCRP and issuae a rule declaring the fine illegal.
Four including the commerce secretary and DNCRP have been made respondents to the rule.
Read: Shohoz files writ with HC challenging legality of Tk 2 lakh fine
On July 20, DNCRP fined Shohoz.com, an online ticketing platform of the country, Tk 2 lakh after finding evidence of its mismanagement in selling tickets for Bangladesh Railway.
The DNCRP organised a hearing after receiving a complaint from Mohiuddin Rony, a 4th-year student of Dhaka University's Theatre and Performance Studies Department, over irregularities in ticket sale by Shohoz.com.
On July 25, Shohoz claimed there was no negligence while providing service.
In a statement, the company said service was provided to Mohiuddin Roni following the terms and conditions mentioned on the ticketing website of Bangladesh Railway (www.eticket.railway.gov.bd).
Read: Shohoz fined Tk 2 lakh after DU student’s complaint over irregularities in ticket sale
Mohiuddin Roni, a Dhaka university student, from July 8, has been demanding the implementation of his six-point demand after being deceived by shohoz.com while buying a train ticket to go home during the vacation of Eid-Ul-Azha.
He suspended his movement on July 25 after a meeting with the high officials of Bangladesh Railway including the Railways secretary and Director General at Rail Bhaban.
Assassination attempt on Hasina: HC rejects bail plea of 4 convicts
The High Court (HC) on Tuesday rejected the bail petition of four convicts in a case over the attack on the motorcade of then opposition leader Sheikh Hasina in Satkhira in 2002.
The four convicts are- Md Yasin Ali, Md Tofajjal Hossain, Md Abdus Sattar and Advocate Abdus Sattar.
The HC bench of Justice ASM Abdul Mobin and Justice Md Atoar Rahman passed the order.
The court also sought the documents of the case after suspending their fine.
Read:HC calls Teknaf UNO ‘wrongheaded’ over verbal abuse of journalists
On August 30 of 2002, a group of terrorists attacked the convoy of then opposition leader Sheikh Hasina in front of Kalaroa Upazila BNP office in Satkhira on her way to Magura after visiting a freedom fighter’s wife at Sadar Hospital.
In 2015, a chargesheet was submitted to the court in the case.
On February 4 last year, Satkhira Chief Judicial Magistrate Court sentenced three people including former lawmaker Habibul Islam Habib to 10-year imprisonment and 47 others to different jail terms in the case.
Case against Prof Yunus: Final hearing on scrapping case on Aug 11
The High Court on Monday fixed August 11 for the final hearing on the appeal to scrap the case filed against Nobel Laureate and Chairman of Grameen Communications Dr Muhammad Yunus over violation of the Labour Law.
The HC bench of Justice SM Quddus Zaman and Justice KM Zahid Sarwar Kajol passed the order.
Lawyer Md Khurshid Alam Khan represented the Department of Inspection for Factories and Establishments while lawyer Abdullah Al Mamun stood for Prof Yunus.
On June 13, the Appellate Division stayed the trial proceedings of the case for two months.
The SC also ordered the HC bench led by Justice SM Kuddus Zaman to dispose of the rule seeking explanation as to why the case against Prof Yunus should not be cancelled, said Attorney General AM Amin Uddin.
On June 7, the Appellate Division ordered disposal of the rule within two months.
Read: Case against Dr Yunus: SC stays trial proceedings for 2 months
On September 9 last year, Labour Inspector Arifuzzaman of the Department of Inspection for Factories and Establishments, filed the case with Dhaka third labour court.
Other accused in the case are- Ashraful Hasan, Managing Director of Grameen Telecom, its director Nurzahan Begum and Shahjahan.
According to the case, in an inspection visit to Grameen Telecom inspectors of the department found that 101 workers and staff who were supposed to be permanent were not made so.
No participation fund and welfare fund was formed for them and five per cent of the company’s profit was not provided to the workers following the law.
Upon the complaint a criminal case was filed under section 4, 7, 8, 117, 234 of the Labour Act.
On October 12, the labour court granted bail to the all four accused.
Later on December 7, Prof Yunus filed a petition with the High Court seeking cancellation of the case.
On December 12, HC stayed the procedure of a case for six months.
The court also issued a rule asking the Department of Inspection for Factories and Establishments why the case will not be set aside. The court asked secretaries of the ministry of law, ministry of labour and employment and others involved to respond to the rule.
No more travelling on train roofs in Bangladesh
Passengers will no longer be allowed to travel on top of trains in Bangladesh.
In a landmark order aimed at curbing the menace, the High Court on Thursday asked the railway authorities in Bangladesh to ensure that no one travels on train roofs.
A bench of justices Md Nazrul Islam Talukder and Khizir Hayat passed the order verbally.
"From today, no passenger will be allowed on train roofs. The officer concerned will be suspended if our order is violated," the court said.
The HC also asked the railway authorities to submit an action taken report by July 31 on its order and blackmarketing of train tickets.
July 31 has been fixed as the next date of hearing in the matter.
Read:HC wants to know ACC’s steps after DU student's protest against ‘railway mismanagement’
On Wednesday, the court wanted to know the stance of Dhaka University (DU) student Mohiuddin Rony’s protest about his six-point demand as he staged demonstrations at Kamalapur station from July 7-18 against Bangladesh Railways mismanagement.
The High Court also wanted to know what steps the Anti-Corruption Commission took after Rony’s protest against corruption in the country's railway sector.
Following the court's order, the railway authorities said that a probe body was formed to look into the allegations.
A letter of the probe body was also submitted to the court by Deputy Attorney General AKM Amin Uddin. Three officials of Bangladesh Railways were also present there.
The court also questioned the three staffers as to why there should be mismanagement in the railway sector? "Why should tickets be sold in the black market? Why are people forced to travel on the roof of a train?"
Rony staged a one-man protest against corruption in the country's rail administration for 13 days till Tuesday.
The Directorate of National Consumer Rights Protection (DNCRP) on Wednesday fined Shohoz.com, an online ticketing platform of the country, Tk 2 lakh after finding evidence of mismanagement in selling tickets of Bangladesh Railways.
As per the decision of DNCRP, Roni will get 25 per cent of this penalty (Tk 50,000).
Why not directive to issue gazette declaring Nazrul as national poet: HC
The High Court on Wednesday issued a rule questioning why instructions should not be given to the authorities concerned to issue a gazette declaring poet Kazi Nazrul Islam as the national poet of Bangladesh.
The HC bench of Justice Farah Mahbub and Justice Ahmed Sohel issued the ruling after hearing a writ petition in this regard.
Cultural Affairs Secretary, Bangla Academy Director General and Executive Director of Kabi Nazrul Institute were asked to respond to the rule within next four weeks.
Advocate Asad Uddin appeared for the writ petitioner while Deputy Attorney General Samarendra Nath Biswas and Abul Kalam Azad Daud for the state.
Read: HC orders providing Tk 5 lakh to legal guardian of the baby born on road in Mymensingh
On June 22, Advocate Asad on behalf of 10 Supreme Court lawyers filed a writ petition with the High Court bench.
“Though people calls Kazi Nazrul Islam as the national poet of Bangladesh, but there is no state recognition through issuing a gazette to this effect,” said Asad.
Nazrul's name has been mentioned as the national poet in two laws of Bangladesh. He was also mentioned as national poet in various government events but all are indirect recognition. Such acknowledgment may be faded in future, said the petitioner.
Besides, the poet's family has been demanding the official recognition of Nazrul as the national poet. Nazrul researchers and people related to literature and culture have also demanded it.
“But so far no visible initiative has been taken by the government in this regard. Therefore, a writ petition was filed as a conscious citizen of the country and a high court lawyer,” said Azad.
The other petitioner lawyers are — Muhammad Misbah Uddin, Md Zobaidur Rahman, Al Reza Md Amir, Md Rezaul Islam, KM Mamun-Or-Rashid, Md Asraful Islam, Shahinur Rahman, Md Rezaul Karim and Md Alauddin.
On May 31, these lawyers also served a legal notice to the government asking it to issue a gazette notification in this regard.
HC seeks explanation about birth certificate of street children
The High Court on Thursday issued a rule seeking explanation as to why a direction should not be given to provide birth certificate to street children .
It also wanted to know why not giving birth certificates to the street children should not be declared illegal .
The bench of Justice Mozibur Rahman Miah and Justice Khizir Hayat issued the rule after hearing a petition.
Women and children affairs secretary, home secretary, registrar of the Office of the Registrar General, Birth and Death Registration have been made the respondents to the rule.
Read: HC issues rule on ethics code for news media
Respondents have been asked to respond to the rule within the next four weeks.
The court also directed the respondents to submit a progress report within three months on the measures taken to provide birth certificate to the street children.
Advocate Taposh Kanti Bol and advocate George Chowdhury stood for the petitioner while Deputy Attorney General Bipul Bagmar represented the state.
On May 20, the social welfare organisation ‘Sports for Hope and Independence’ filed the writ petition to give birth certificate to street children.
Set up commission to identify plotters against Padma Bridge project, HC tells govt
The High Court on Tuesday ordered the appointment of a commission of inquiry to identify the "conspirators" who spun fake stories of corruption in the Padma Bridge Project.
A bench of justices Md Nazrul Islam Talukder and Kazi Md Ejarul Haque Akondo asked the government to implement the order within a month in accordance with Section 3 of the Inquiry Commission Act, 1965, while hearing a petition.
The commission should submit its report within two months of its constitution, the court said.
Also read: Youth fined for violating rules on Padma Bridge
The Cabinet Secretary, the Foreign Affairs Ministry Secretary, the Law, Justice and Parliamentary Affairs Ministry Secretary, the Chairman of the Anti-Corruption Commission (ACC), and Inspector General of Police (IGP) have been asked to implement the order.
In Monday’s hearing, the court said, “Those who are against such national interests and development, are the enemies of the nation, the enemies of the country, they must be identified.”
On February 15, 2017, the HC issued a rule asking the government why it should not be directed to form an inquiry committee or commission for identifying the plotters to bring them under justice referring several newspaper reports.
Also read: Padma Bridge cost to be repaid by 2057: Obaidul Quader
The Cabinet Division, Home, Law and Communications secretaries, the ACC Chairman and the Inspector General of Police were made respondents to the rule and asked to reply in four weeks.
On March 20 of the same year, the state asked for eight weeks to respond to the rule and the HC granted it time till May 7.
Hearing on rule for identifying plotters against Padma Bridge Tuesday
The High Court will hold hearing on Tuesday on a rule on whether a commission be formed to identify the people who made up fake stories of corruption over the Padma Bridge Project.
The HC bench of Justice Md Nazrul Islam Talukder and Justice Kazi Md Ejarul Haque Akondo delivered the order on Monday.
The HC also commented that the people who made up fake stories of corruption over the Padma Bridge Project should be identified.
Also read: Padma Bridge is a befitting reply to conspirators, PM tells a huge rally after its opening
The High Court said, “The Padma Bridge is our national asset. It is our pride.”
“Those who are against such national interests and development, they are the enemies of the nation, the enemies of the country, they must be identified.”
Deputy attorney general AKM Amin Uddin Manik represented the state in the court while lawyer Khurshid Alam Khan appeared for the Anti-Corruption Commission (ACC).
On February 15, 2017, the HC issued a rule asking the government why it shall not be directed to form an inquiry committee or commission for identifying the plotters to bring them under justice referring several newspaper reports.
The Cabinet Division, Home, Law and Communications Secretary, the Anti-Corruption Commission (ACC) Chairman and the Inspector General of Police (IGP) were made respondents to the rule and asked to reply in four weeks.
Also read: CID detains youth who removed nuts, bolts of Padma Bridge
On March 20 of the same year, the state asked for eight weeks to respond to the rule and report and HC granted it till May 7.