High Court
BNP leader Shimul Biswas gets bail
The High Court on Monday granted bail to BNP Chairperson Khaleda Zia's special assistant Shamsur Rahman Shimul Biswas in a case filed with Paltan Police Station.The HC bench of Justice Md Akram Hossain Chowdhury and Justice Shahed Nuruddin passed the order.With the court order, there is no bar to release him, said Advocate Jainul Abedin, a counsel of Shimul.
Also read; Shimul Biswas freed on bailOn December 7 last year, a Swechchasebak Dal leader was killed and around 50 others were injured in a clash between police and the BNP activists in front of the party’s Nayapaltan central office, ahead of its December 10 rally.Police arrested 470 BNP leaders and activists, including Shimul, in connection with the clash.
HC grants anticipatory bail to 102 BNP men over clashes in Ctg
The High Court (HC) on Wednesday granted a six-week anticipatory bail to 102 BNP activists and leaders including national executive committee’s Organising Secretary Mahbube Rahman Shamim in four cases over clash with police in the port city’s Kazir Dewri area on January 16.
An HC bench of Justice Mostafa Zaman Islam and Justice Mohammad Aminul Islam granted the bail after hearing a petition, lawyer Mujibur Rahman, a counsel of the BNP, said.
Read more: SC upholds bail of Fakhrul and Abbas, no bar to release
Md Idris Ali, office secretary of Chattogram Metropolitan unit BNP, confirmed the news.
City unit BNP Convener Dr Shahadat Hossain and Member Secretary Abul Hashem Bakkar, among others, secured the bail.
On January 16, a clash broke out between the BNP supporters and police when a BNP rally was going on in front of the party office in the Kazir Dewri area.
At least 30 people from both the BNP and police were injured in the clashes while law enforcers detained 20 people.
Police sued some 200 BNP men in four cases on that night.
Misconduct with Judge: Nilphamari bar association president, 2 other lawyers summoned
The High Court (HC) on Wednesday summoned three lawyers, including the president of Nilphamari Bar Association, for indecent behaviour with a judge inside a courtroom in Nilphamari.
They were asked to appear before the court on February 14 to explain the allegation of misconduct.
The HC bench of Justice JBM Hassan and Justice Razik-Al-Jalil passed the order following a written complaint by Golam Sarowar, a judge of Nilphamari Women and Children Repression Prevention Tribunal-1.
Read more: 21 lawyers should be ashamed of indecent slogans against B'baria Judge, HC observes
Those summoned are Nilphamari Bar Association president Advocate Md Momtazul Haque, Advocate Md Azharul Islam and Advocate Ferdous Alam.
Besides, the court issued a rule questioning why punitive action should not be taken against them on contempt of court charge.
Judge Golam Sarowar of Nilphamari Women and Children Repression Prevention Tribunal-1 on November 29 sent a written complaint to the High Court to take action against those involved in it.
Read more: Misconduct with Judge: HC summons B’baraia Bar Association president, 2 lawyers The registrar general produced the letter before the Chief Justice on December 29 and the High Court bench was designated by him to dispose of the matter.
According to the complaint, the three lawyers indecently asked the judge to leave the courtroom after he delivered a judgment on November 28. They also hurled abusive words at the court, as per the complaint.
People in prisons have rights to health care: HC observes
The High Court on Tuesday observed that people in prisons have rights to health care and the service needs to be provided.
The HC bench of Justice KM Kamrul Kader and Justice Mohammad Ali made the observation when director general of the Directorate General of Health Services (DGHS) Prof Dr Abul Bashar Mohammad Khurshid Alam appeared before it over recruitment of 48 doctors to the vacant posts in the prisons of the country following a writ petition.
The court also asked the DG to take necessary measures to ensure health services to the citizens round the clock.
Read more: HC summons DG of DGHS for not recruiting doctors to fill vacant posts in prisons
The court fixed May 2 for the next hearing over the matter and relieved the DG from appearing before the court in-person.
Lawyer MJR Khan Robin appeared for the writ petitioner in the court while Attorney General AM Amin Uddin stood for the DG.
Attorney General AM Amin Uddin requested the court to consider the matter saying that DHGS failed to comply with its directive over recruitment of 48 doctors to the vacant posts in the prisons due to the Covid pandemic.
DGHS DG Khurshid Alam told the court, "The delay in appointing doctors in the jails is unintentional.”
He also said that he has already appointed doctors to all vacant posts. “The recruitment for 141 doctors have been completed and 136 of them have joined. The remaining five will join soon.”
Besides, the DG tendered an unconditional apology for the delay in implementing the order, said Lawyer MJR Khan Robin.
A draft policy is being prepared for the direct recruitment of doctors in prisons.
The court asked the prison authorities to submit a progress report on the draft policy within the next three months, he added.
On June 23, 2019, the court issued a rule asking the authorities concerned to submit a list on the capacity of prisons, the number of prisoners and doctors and the vacancies of doctors in all prisons across the country.
The jail authorities reported to the court in November 2019 that there were only 10 doctors against 141 posts in 68 prisons. After seeing the report, the High Court ordered recruitment of doctors in the prisons.
Read more: HC summons DGME DG for failure to present documents of a student
On September 21, 2021, it was reported to the court that 112 doctors were appointed in 68 prisons in the country against a total of 141 vacant posts.
Then the HC ordered the speedy appointment of doctors in the remaining vacant posts. But health authorities did not take any initiative in this regard.
Following an appeal, the court upheld the previous order on November 15 last year and ordered the Inspector General of Prisons and the Secretary to the Security Services Department of the Ministry of Home Affairs to submit a report on it.
Later, the Inspector General of Prisons submitted a report on December 13.
According to the report, 68 prisons and a prison hospital in the country have a total number of 141 posts of doctors at various levels. It was reported that that 93 doctors were appointed against 141 posts.
Later, the court ordered the recruitment of doctors to the remaining 38 vacant posts by January 7.
HC summoned the DGHS DG on January 17 as the order was not implemented even though it warned of taking action against those concerned for contempt of court.
Mothers can now be listed as legal guardians of students in official documents, HC rules
In a historic judgment today, the High Court said that from now on, mothers will be recognised as legal guardians of students in official documents.
The High Court bench of Justice Naima Haider and Justice Razik-Al-Jalil pronounced the judgment.
After hearing on January 16, the court fixed January 24 for delivering the verdict on whether mothers will be recognised as legal guardians or not.
Advocate Ainun Nahar Siddiqua, Advocate SM Rezaul Karim and Advocate Ayesha Akhter stood for the petitioner at the court while Deputy Attorney General Amit Das Gupta represented the state.
Read more: HC issues rule on migration system in admission process
According to the lawyers, a female SSC examinee from Thakurgaon was denied admit card in 2007 as she could not mention her father's name in the information form which is required before participating in the Secondary School Certificate (SSC) examination.
The girl grew up with her mother after her father left them without giving them recognition.
Later, on August 2, 2009, three human rights organizations — Bangladesh Legal Aid and Services Trust (BLAST), Bangladesh Mahila Parishad and Nari Paksha — jointly filed a writ petition citing public interest.
On August 3 of the same year, the High Court bench of Justice Syed Refat Ahmed and Justice Moinul Islam Chowdhury issued a rule asking why this discriminatory provision, which is an obstacle to human rights, equality and especially the right to education, should not be declared as contrary to law and unconstitutional.
Read more: HC issues rule on compensation for daily labourers jailed by mobile court
The court also ordered submitting a report on the education boards where mentioning both father’s and mother’s names is compulsory in getting the registration cards for the SSC examinations and what kind of measures are taken to ensure participation of those eligible examinees in the examination who are unable to mention the identity of their fathers.
Later on June 6, 2021, Bangladesh Legal Aid and Services Trust (BLAST) filed a supplementary affidavit in court on behalf of the petitioners.
21 lawyers should be ashamed of indecent slogans against B'baria Judge, HC observes
The High Court (HC) on Monday observed that 21 lawyers should be ashamed of chanting indecent slogans against district Woman and Child Repression Prevention Tribunal Judge Mohammad Faruq.
The HC bench of Justice JBM Hassan and Justice Razik-Al-Jalil made the observation when 21 lawyers of Brahmanbaria Bar Association appeared before it in compliance with its January 10 order.
It is a crime worse than contempt of court, said the court and warned that HC could cancel the licenses of these lawyers for life.
The court also extended the time till February 19 for the lawyers to explain the contempt of court allegation.
Also Read: Misconduct with B'baria Judge: HC orders removing video
On January 10, the summoned the 21 lawyers including the Brahmanbaria Bar Association secretary to explain the allegation of contempt of court.
The court also issued a rule to explain why contempt of court proceedings should not be initiated against them.
Brahmanbaria District and Sessions Judge Sharmin Nigar sent a letter to the Supreme Court in this regard on January 9.
Also Read: Misconduct with Judge: HC summons 21 B’baria lawyers
Earlier on January 5, the same bench summoned three lawyers including Brahmanbaria Bar Association president on January 17 for misbehaving with the district Woman and Child Repression Prevention Tribunal Judge Mohammad Faruq.
Those summoned were Bar Association president Advocate Tanvir Ahmed Bhuiyan, Secretary (Administration) Advocate Md Akkas Ali and Advocate Zubair Islam.
The court also issued a rule questioning as to why punitive action should not be taken against them on contempt of court charge.
Also Read: Misconduct with Judge: HC summons B’baraia Bar Association president, 2 lawyers
On January 4, district Woman and Child Repression Prevention Tribunal Judge Mohammad Faruq sent a written complaint to the High Court to take action against those involved in this incident. Later, on the instructions of the Chief Justice, the Registrar General of the Supreme Court sent the written complaint of the judge to the HC bench.
On January 2, Bar Association president advocate Md Tanvir Bhuiyan, Secretary Advocate Md Akkas Ali and around 10-15 lawyers including Zubair Islam came and rudely asked the judge to leave the courtroom. Advocate Tanvir hurled abusive words at the court, as per the complaint.
Why restricting govt officials from contesting JS polls in 3 yrs of retirement not illegal: HC
The High Court (HC) on Thursday issued a rule questioning why the provision of baring government officials from contesting the national election until three years passed after retirement is not unconstitutional.
The HC bench of Justice Zafar Ahmed and Justice Md Bashir Ullah issued this rule after hearing the writ petition filed by Brigadier General(Retd) Md Shamim Kamal.
Read more: HC issues stay order on cancellation of Hero Alam’s nomination for Bogura by-polls
Chief Election Commissioner (CEC), Law Secretary, Home Secretary, Public Administration Secretary, Local Government, Rural Development and Co-operatives Secretary and Lalmonirhat Deputy Commissioner have been asked to respond to the rule within four weeks.
Barrister Hasan MS Azim appeared for the writ petitioner in the court.
Brigadier General(Retd) Md Shamim Kamal from Lalmonirhat filed the writ petition on January 15 challenging the provision of Article 12(1) (F) of the Representation of the People's Order 1972 which does not allow military and civilian government officials to contest the national elections until they complete three years of retirement.
Appellate Division upholds HC order to grant bail to NSU’s ex-trustee Shahjahan
The Appellate Division of the Supreme Court on Monday upheld the High Court (HC) order to grant bail to former trustee of North South University (NSU) Mohammad Shahjahan in a graft case lodged last year.
A three member justice bench led by Chief Justice Hasan Foez Siddique passed the order after hearing, said the accused’s counsel Barrister Sayeed Ahmed Raja.
He said now there is no legal barrier to walk out of jail for his client after the Appellate Division upheld the HC order. Anti-Corruption Commissioner (ACC) lawyer Khurshid Alam Khan represented the state in the hearing.
On May 5 last year, ACC Deputy Director Md Farid Ahmed filed a case accusing six people including Shahjahan for swindling Tk 3030.82 crore in the name of purchasing land for NSU.
REad: Nayapaltan clash: BNP’s Salam, Annie get 6-month interim bail
The other accused are - NSU trustee board chairman Azim Uddin Ahmed, members- Benajir Ahmed, MA Kashem, Rehana Rahman, Ashaloy Housing and Developers Amin managing director Md Hilaly, its chairman Omar Faruk and directors- Anwara Begum and Syed AK Haque.
On May 22, the High Court rejected an advanced bail of four out of the six accused and handed them over to the police.
December 14, the HC granted bail to Shahjahan on two conditions—not to leave the country and go to the university campus without permission.
Later, the ACC moved the Appellate Division to stay the HC order. The chamber judge stayed the HC order and sent it to a regular bench of the Appellate Division for hearing.
As per the schedule, the Appellate Division granted the bail rejecting the petition filed by the ACC on Monday.
According to the Private University Act, 2010, the board of trustees is the highest governing body of a private university like NSU. 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.
The case stated that over 9,088 decimal land was bought in the name of campus development of NSU through the consent of some members of the board of trustees bypassing the approval of the university syndicate, the University Grants Commission, and the Ministry of Education.
The accused later withdrew cash from the buyer through cheques in their own names and kept FDR in their own names. Later, they themselves embezzled the FDR money.
Nayapaltan clash: BNP’s Salam, Annie get 6-month interim bail
The High Court on Monday granted BNP leaders Abdus Salam and Shahid Uddin Chowdhury Annie six months’ interim bail in a case over the clash between police and the party activists in the capital’s Nayapaltan on December 7 last year.
The HC bench of Justice Md Akram Hossain Chowdhury and Justice Shahed Nuruddin passed the bail order.
The court issued a rule questioning why the BNP leaders should not be granted permanent bail.
Read more: Anti-state plot: SC stays bail of BNP leader Aslam
Senior lawyer Zainul Abedin and lawyer Zahirul Islam Sumon appeared for the two BNP leaders in the court.
On December 7 last year, a Swechchasebak Dal leader was killed and around 50 others were injured in a clash between police and the BNP activists in front of the party’s Nayapaltan central office, ahead of its December 10 rally.
Police arrested 470 BNP activists and leaders in connection with the clash and they were sued in two cases filed with Paltan and Motijheel police stations.
BNP's Dhaka Metropolitan South convener Abdus Salam and publication secretary Shahid Uddin Chowdhury Annie were arrested on the same day following the clash.
Read more: SC upholds bail of Fakhrul and Abbas, no bar to release
A Dhaka court sent 445 BNP leaders and activists including Annie and Salam to jail in two cases filed over the violence and order to give division in jail to the five leaders on the following day.
Party’s Senior Joint Secretary General Ruhul Kabir Rizvi, Chairperson’s Special Assistant Shimul Biswash, Joint Secretary General Khairul Kabir Khokon, former organizational secretary Fazlul Haque Milon, Co-Organisational Secretary Selimuzzaman, are among others who were sent to jail in the case.
How rivers are legal, living persons with rights discussed at MoFA webinar
The Ministry of Foreign Affairs (MoFA) recently arranged a webinar on how rivers are legal, living persons with rights.
Justice Md Ashraful Kamal, who delivered the judgment on the River Turag in 2019, presented the keynote at the "Legal Personhood of River."
He highlighted the importance of the landmark ruling by the High Court Division that granted "legal personhood" to all rivers, declaring that all rivers in Bangladesh are entitled to legal protection under the Public Trust Doctrine (PTD).
The judgment also included 17 key directives to the executive for dealing with river pollution and encroachment issues and for the survival of rivers as continuing ecosystem elements.
"Because of these directives, river polluters have been banned from participating in the elections, the National River Conservation Commission as the 'guardian' of all rivers has been established, and polluters have been barred from receiving bank loans among other measures," Ashraful said.
The concept of the legal personhood of the river is based on the legal recognition of the planetary ecosystems and other non-human entities as legal persons who have legal rights to protect the environment.
Proponents of the concept say that legal systems should recognise the inherent value of the environment, including its survival as well as its enrichment. This means that certain entities cannot be harmed, corrupted or degraded without their consent.
Sustainable rivers: Dhaka for 'just sharing' of waters, basin-wise river management
For example, granting personhood status to ecosystems and animals can lead to greater protection from environmental degradation as well as a stronger voice in environmental decision-making.
Against this backdrop, diplomats, scholars and activists are pushing to give nature legal personhood, with some countries such as Ecuador and Bolivia recently passing laws recognising the rights of nature.
Foreign Secretary Masud Bin Momen said with the remarkable verdict Bangladesh had joined a growing number of communities, tribal nations, and countries, in securing a new form of legal protection for nature which recognises that nature is a living entity with legal rights.
Syed Muntasir Mamun, director general of International Trade, Investment and Technology and ICT wings of MoFA, highlighted how the verdict is very much in line with Bangladesh's strong commitment to upholding the rights of all and maintaining the autonomy and agency of the human ecosystem under the guardianship of the public.
Read more: HC delivers landmark verdict, declares Turag as living being