High Court
Rana Plaza owner Rana’s bail order stayed
The Appellate Division on Sunday stayed a High Court (HC) order until May 8 that granted bail to Sohel Rana, the owner of the ill-fated Rana Plaza that collapsed in 2013 leaving 1,138 RMG workers dead, in a murder case over the deadly incident in Savar.
Chamber Judge Justice Md Abu Zafor Siddique passed the order after hearing a petition submitted by the state seeking a stay order in this regard.
Deputy Attorney General Sarwar Hossain and Assistant Attorney General Saiful Islam represented the state while former Food Minister Advocate Kamrul Islam stood for the accused.
On that day (May 8), the regular bench of the Appellate Division will hold a hearing upon a petition to be submitted by the state, Assistant Attorney General Saiful said.
Earlier on April 6, a High Court bench granted bail to Rana in the case.
The HC bench of Justice Akram Hossain Chowdhury and Justice Shahed Nuruddin granted bail to Rana declaring the HC rule in this regard valid.
Advocate-on-record Sufia Khatun, on behalf of the state, filed a petition seeking a stay on the Rana’s bail order on Sunday.
On April 24, 2013, Rana Plaza, an illegally-constructed building in Savar which housed five garment factories, came down crashing, killing 1,138 people and injuring over 2,000 others.
Read more: Rana Plaza Collapse: HC grants bail to prime accused Rana
Trial in the murder case filed over Rana Plaza collapse began officially on January 31, 2022 by recording statements of the witnesses.
On July 18, 2016, Dhaka District and Session Court Judge SM Kuddus Zaman framed charges against the accused and passed an order to begin the trial.
But it got barred as most of the accused appealed to the higher court challenging legality of the order.
On January 31 last year, after clearing the appeals, District and Sessions Court Judge AHM Habibur Rahman Bhuiyan recorded the statement of plaintiff, then Sub-Inspector of Savar police station Wali Ashraf.
Over the tragic incident then SI of Savar police station Wali Ashraf filed a murder case accusing the owner and others of dereliction and negligence in building construction.
On June 1, 2015, Assistant Superintendent of Crime Investigation Department (CID) of police Bijoy Krishna Kar submitted charge sheet in the case against 41 people including the building owner Sohel Rana.
A total of 594 people were made witnesses in this case.
Rana Plaza Collapse: HC grants bail to prime accused Rana
The High Court (HC) on Thursday granted bail to Sohel Rana , the owner of the ill-fated Rana Plaza that collapsed in 2013 leaving 1,138 RMG workers dead, in a murder case over the deadly incident in Savar.
The HC bench of Justice Md Akram Hossain Chowdhury and Justice Shahid Noor passed the order after hearing a bail petition.
After the order, there is no legal barrier to walk out of jail for accused Rana, said lawyer Kamrul Islam, one of the defendant counsels.
Earlier on March 1 last year, the HC issued a rule asking the authorities concerned to explain as to why he would not be granted bail in the case.
On April 24, 2013, Rana Plaza, an illegally-constructed building in Savar which housed five garment factories, came down crashing, killing 1,138 people and injuring over 2,000 others.
Trial in the murder case filed over Rana Plaza collapse began officially on January 31, 2022 by recording statements of the witnesses.
On July 18, 2016, Dhaka District and Session Court Judge SM Kuddus Zaman framed charges against the accused and passed an order to begin the trial.
But it got barred as most of the accused appealed to the higher court challenging legality of the order.
Read more: 9 years of Rana Plaza collapse: Bangladesh commemorates its worst industrial tragedy
On January 31 last year, after clearing the appeals, District and Sessions Court Judge AHM Habibur Rahman Bhuiyan recorded the statement of plaintiff, then Sub-Inspector of Savar police station Wali Ashraf.
Over the tragic incident then SI of Savar police station Wali Ashraf filed a murder case accusing the owner and others of dereliction and negligence in building construction.
On June 1, 2015, Assistant Superintendent of Crime Investigation Department (CID) of police Bijoy Krishna Kar submitted charge sheet in the case against 41 people including the building owner Sohel Rana.
A total of 594 people were made witnesses in this case.
Custodial death of Sultana: HC raises questions about RAB’s jurisdiction
The High Court on Tuesday wanted to know the details of whether the process of RAB was legally corrected in connection with the death of a union land office employee— Sultana Jasmine— in RAB custody in Naogaon district.
The High Court bench of Justice Farah Mahbub and Justice Ahmed Sohel raised the question after hearing a writ petition.
It also wanted to know whether Sultana was interrogated in a designated place (police station or office) and whether RAB followed the legal procedure before taking her to the hospital and whether RAB has the jurisdiction to detain her.
Read more: ‘Custodial death’ in Lalmonirhat: Rights body demand justice
The court also asked the state counsel to submit the answers of the questions raised by the court by Wednesday.
On Monday, the High Court summoned the police report and postmortem report on the death of Sultana in RAB custody in Naogaon.
The court also sought details of RAB personnel who arrested and interrogated Sultana.
Sultana was detained from Muktirmor area of Naogaon city on Wednesday morning and died at Rajshahi Medical College Hospital on Friday morning.
However, the elite force denied the allegation of torture. They claimed that the victim was arrested for interrogation as there was an accusation of fraudulence against her.
High Court questions hike in price of performing hajj
The High Court (HC) on Tuesday questioned how common people will perform hajj at the cost of the package set by the government.
It questioned: “Why doesn't the government allocate budgets for the hajj like other countries in the world?”
The HC bench of Justice KM Kamrul Kader and Justice Mohammad Ali came up with this observation while hearing a writ petition over revising the hajj package offered by the government this year.
The court set Wednesday for further hearing.
Supreme Court lawyer Ashraf-uz-Zaman was present in the hearing on behalf of the writ petitioner.
Deputy Attorney General Abdullah Al Mahmud Bashar and Assistant Attorney General Md Awlad Hossain represented the state at the hearing.
The High Court ordered DAG Bashar to inform the court about the latest update on revising the hajj package ahead of Wednesday’s hearing.
Read more: Govt raises hajj cost by Tk 1.61 lakh this year
Earlier on February 1, the Ministry of Religious Affairs announced the hajj package for 2023 in a memorandum. According to the package, a person has to pay a hefty amount of Tk 6.83 lakh to perform hajj this year - up from Tk 5.22 lakh in 2022.
In response, Ashraf-uz-Zaman sent a legal notice to the Ministry of Religious Affairs, requesting it to reduce the cost of hajj pilgrims and bring it under Tk 4 lakh
Later, he filed a writ on March 12 as the concerned authority failed to respond to the legal notice.
Contacted, Lawyer Ashraf Uz Zaman said: “Currently, the plane fare on the Bangladesh-Saudi Arabia-Bangladesh route is Tk 76,000 to Tk 1,10,000. Every year, the governments of both countries force hajj pilgrims to buy tickets for Saudia Airlines and Biman Bangladesh Airlines which destroys the hajj pilgrims’ capacity to choose for themselves.”
“The legal notice was sent requesting the authorities to amend and reduce the price of the hajj package for 2023, citing various factors.”
Hajj-2023 will be held on 9th day of Zilhaj (June 28) depending on moon sighting.
This year, over 127,000 Bangladeshis will get the chance to perform hajj, more than double the number last year.
Only 60,000 people from Bangladesh were allowed to perform hajj in 2022 as the Saudi government only partially opened up in the wake of the Covid-19 pandemic. This is the first year since the pandemic that the hajj is expected to be held with no restrictions on attendance.
Read more: HAAB announces private hajj package: Minimum cost set at Tk 6.72 lakh
HC orders Dhaka city corporations to form committees to examine gas, sewerage lines
The High Court on Tuesday asked the two city corporations in Dhaka to form a 7-member committee for each ward to examine the sewerage and gas pipelines to ensure safety of the residents.
The HC bench of Justice Farah Mahbub and Justice Ahmed Sohel passed the order after hearing a writ petition.
Chairman of Rajdhani Unnayan Kartipakkha (Rajuk), Managing Director of Titas Gas, Managing Director of Dhaka Wasa, Chief Executive Officer of Dhaka North and South City Corporations have been asked to form the seven-member monitoring committees involving experts from the departments concerned.
The HC also asked the authorities concerned to take necessary measures for repairing if the committees find any fault in the sewerage and gas pipe lines and submit reports after every eight months.
On March 12, a writ petition was filed with the High Court seeking necessary directives in connection with the explosions in Science Laboratory area and Siddique Bazar of Gulishtan that claimed lives of 28 people.
Human Rights and Peace for Bangladesh, a human rights organization, filed the writ petition.
Senior Advocate Manzill Murshid stood for the petitioner while assistant attorney general Toufique Sazawar represented the state.
Also read: Blast in Science Lab area: Death toll rises to 4
The HC also issued a rule asking the government to explain why the inaction of the respondents in taking effective measures to ensure the safety of Dhaka residents and monitoring the establishments on regular basis, should not be declared illegal.
Secretaries to the Housing and Public Works Ministry, Power, Energy and Mineral Resources Ministry, Local Government and Rural Development Ministry, Chairman of Rajuk, Managing Directors of Titas Gas and Dhaka Wasa, Chief Executive Officers of Dhaka North and South city corporations have been made respondents to the rule.
Advocate Manzill Murshid, said “Authorities’ negligence was the main reason behind the explosions in Science Lab and Siddique Bazar areas. The authorities concerned do not check the sewerage and gas pipe lines of hundreds of establishments in Dhaka.”
HC bench ‘embarrassed’ to hear writ petition challenging presidential election process
A High Court bench today felt “embarrassed” to hear a writ petition filed challenging the process of electing Mohammad Shahabuddin as president.
The bench of Justice Farah Mahbub and Justice Ahmed Sohel was set to hear the petition. But it forwarded the petition to the chief justice for a decision, saying one of the bench members felt embarrassed to hear the writ petition.
Justice Ahmed Sohel expressed embarrassment, saying he was a lawyer at Anti-Corruption Commission for five years.
Also Read: Controversy over President-elect unexpected: CEC
Supreme Court lawyer MA Aziz Khan filed the writ petition with the concerned branch of the High Court on March 7.
The Election Commission and the Chief Election Commissioner (CEC) had been made respondents in the writ petition.
The writ petition was filed challenging the process through which the president was elected, and the gazette that was published later.
“Mohammad Shahabuddin was a former Commissioner of Anti-Corruption Commission (ACC). According to Section 9 of the ACC Act 2004, A former ACC Commissioner is not permitted to hold any profitable position,” he said.
Mohammad Shahabuddin, a retired judge and former Commissioner of the Anti-Corruption Commission, was elected as the country's 22nd president.
On February 13, a gazette was issued declaring him elected as President of Bangladesh under Section 7 of the Presidential Election Act, 1991.
Mohammad Shahabuddin will succeed current President M. Abdul Hamid after his term expires on April 23.
High Court bans streaming of ‘Faraaz’ in Bangladesh
The High Court has banned the streaming of “Faraaz” – an Indian film based on the 2016 terrorist attack at the Holey Artisan Bakery in Dhaka’s Gulshan – on online platforms in Bangladesh.
The HC bench of Justice Md Khasruzzaman and Justice Md Iqbal Kabir today passed the order after hearing a writ petition filed against the screening of the movie directed by Hansal Mehta.
Barrister Rokan Uddin Mahmud and the lawyer Ahsanul Karim stood for the petitioner at the court. Deputy Attorney General Bipul Bagmar represented the state.
Read more: Holey Artisan victim's mother vows to fight release of Bollywood film on tragedy
The petition was filed against the streaming of the film online and screening at movie theatres by Ruba Ahmed, mother of Abinta Kabir who was one of the victims of the attack.
“As the film is yet to be approved by the Censor Board, today’s directive does not mention a ban on screening in cinema halls,” the petitioner’s lawyer Ahsanul Karim told UNB.
Produced by T-Series and Benaras Media Works, “Faraaz” is loosely based on the terrorist attack at Holey Artisan Bakery on July 1, 2016. At least 22 people, including 17 foreign nationals, were killed in the attack. Faraaz Ayaaz Hossain and Abinta Kabir were among the victims alongside Tarishi Jain and Ishrat Akhond.
Read more: Abinta Kabir Foundation sends legal notice to FARAAZ movie producers
Two police officers were also killed in the attack.
Since the trailer of Hansal Mehta’s much-talked-about Bollywood film “Faraaz” was released, Ruba Ahmed took to the media to express her objections to releasing and promoting the film in Bangladesh.
Ahmed, alongside the mother of Tarishi Jain, an Indian national who was killed in the attack, has also fought a legal battle at Delhi High Court to stop the release of “Faraaz”. However, the Indian court refused to block the film which was released in theatres across India on February 3.
Read More: Holey Artisan Victim Faraaz's Heroism is Now on the Silver Screen
Don’t force students to disclose marital status in admission form: HC
The High Court on Thursday (February 16, 2023) asked the authorities concerned not to force students to disclose their marital status in admission forms in educational institutions in Bangladesh.
The HC bench of Justice Naima Haider and Justice Md Khairul Alam passed the order after hearing a writ petition.
Deputy Attorney General Amit Das Gupta represented the state.
On November 14, 2017, Advocates Fariha Ferdous and Nahid Sultana filed a writ petition attaching a report published in a national daily headlined “What the girl will do now?”.
Also read: SC stays HC order on Boi Mela stall allotment for Adarsha Prokashoni
According to the report, on June 6, 2013, a class X girl was raped but the rapists denied the allegation.
When the girl became pregnant, she was admitted to the one-stop crisis centre of Rajshahi Medical College and Hospital and she lodged a complaint against the rapist, said the report.
Police arrested the rapist and a DNA test proved that the rapist was the father of the child.
Later, a court ordered sending the girl to residential centre under Rajshahi division ‘Women Assistance Programme’ of the government.
Read More: Corruption allegations against ex-Gazipur mayor Jahangir: HC asks to complete probe within 6 months
During living at the centre, the girl appeared in the Secondary School Certificate (SSC) examination and during her exam she gave birth to a baby boy on February 19, 2014.
Meanwhile, she passed the SSC exam with GPA 4.3 and appeared her Higher Secondary Certificate (HSC) examination from there.
Later, she was sent to her house and also passed the HSC exam with GPA 3.17.
On May 30, 2017, a court sentenced the rapist to life imprisonment and asked to bear the expenses of the baby boy. The court also fined him Tk one lakh.
Read More: N’ganj 3 children torture: HC grants 4-week anticipatory bail to Gopaldi municipality mayor
She was put in the category of married women during the public examinations though she was unmarried.
The girl was unable to fill up the admission form of a nursing college due to her marital status as she was not married and had a child.
On December 11, 2018, the HC issued a rule asking the government to explain as to why the option of marital status in admission process in educational institutions should not be declared unconstitutional.
The HC also issued another rule asking the government to explain as to why directives should not be given to formulate a meaningful policy in this regard.
Read More: HC orders Kushtia DC to probe ragging of a female student at IU
The court also asked to take steps so the girl can get enrolled in a nursing college immediately.
Fakhrul, Abbas get permanent bail in Nayapaltan clash case
The High Court (HC) on Wednesday granted permanent bail to BNP leaders Mirza Fakhrul Islam Alamgir and Mirza Abbas in a case over the clash between police and the party activists at Nayapaltan on December 7 last year that left one dead.
An HC bench of Justice Md Selim Azad and Justice Md Riaz Uddin Khan passed the order after hearing a rule in this regard.
Advocates Jainul Abedin and Sagir Hossain stood for the BNP leaders while Additional Attorney General SM Munir and Deputy Attorney General SM Golam Mostafa represented the state.
Terming the rule as absolute, the HC granted permanent bail to them, said counsel Sagir.
On the other hand, state counsel Munir said they would take a decision on appeal against the HC order after discussion.
On December 9 last year, a team of Detective Branch (DB) of police picked up Fakhrul and Abbas from their homes in separate raids in the capital.
Later, they were shown arrested in a case over the clash between police and the party activists in the capital’s Nayapaltan. A Dhaka court sent them to jail rejecting their bail pleas.
On January 3, the High Court granted six months bail to BNP Secretary General Mirza Fakhrul Islam Alamgir and Standing Committee member Mirza Abbas in the case.
Read more: State files petition challenging HC bail to Fakhrul, Abbas
On the following day, the government filed a petition with the Appellate Division of the Supreme Court seeking stay on the High Court order granting bail to the BNP leaders in the case.
On January 8, A four-member bench of the Appellate Division led by Chief Justice Hasan Foyez Siddiqui upheld the High Court order granting bail to the BNP leaders.
Just after a month of their arrest, Fakhrul and Abbas were freed from jail on bail on January 9 evening.
Dhaka’s air pollution: HC asks what steps have been taken
The High Court on Tuesday wanted to know the steps taken to prevent air pollution in Dhaka and asked the authorities concerned including the Department of Environment to inform about it on February 5.
The HC bench of Justice KM Kamrul Kader and Justice Mohammad Ali passed the order after hearing a petition seeking implementation of the court orders in this regard.
Senior lawyer Manzill Murshid stood for the petitioner while Amatul Karim and Syed Ahmed Raza represented the Department of Environment and Dhaka South City Corporation, respectively.
Read more: Around 60 percent brick kilns are operating illegally: Minister
The HC issued the nine-point directive on January 13, 2020 after hearing a writ petition filed by the Human Rights and Peace for Bangladesh (HRPB).
Murshid filed a petition seeking implementation of the higher court’s nine-point directive on Monday.
For the past several days, it has been reported that Dhaka has ranked the worst in the air quality index in the world, he said.
In New Delhi, the government imposed an emergency situation when it experienced the worst air quality in the world but the authorities in Dhaka have no worries about it, he said.
The nine-point directive of the High Court includes
• Ensuring the use of covers on trucks or other vehicles that transport sand or soil in the capital, Dhaka.
• Contractors should cover the construction sites
• Taking steps to sprinkle water on Dhaka roads
• Ensuring complete road construction or excavation work or carpeting complying with laws, rules and terms and conditions of the agreement.
• To seize those vehicles involved in emitting black smoke.
• To fix the economic life of vehicles plying on roads as per the Road Transport Act 2018 and to impose ban on movement of unfit vehicles.
• To shut down the illegal brick fields which are operating without licence and submit a report within two months.
• Stop burning of tyres and recycling of vehicles’ batteries without approval from the DoE.
• Taking steps to ensure that all the market owners or shopkeepers keep their garbage in bags and the city corporations were asked to remove those after the shops or markets are closed.
Read more: Remove illegal brick kilns in 4 districts: HC
The HRPB filed a writ petition attaching a report published in different newspapers on January 21, 2019 on air pollution in Dhaka.