High Court
HC revokes bail order of suspended ACC director Enamul Basir
A day after granting bail, the High Court on Wednesday revoked the bail order of suspended ACC director Khandaker Enamul Basir in a bribery case.
The HC bench of Justice Md Ashraful Kamal passed the order.
Advocate Faruk Alamgir Chowdhury stood for Basir while Advocate Khurshid Alam represented the Anti-Corruption Commission (ACC).
Earlier, on Tuesday, the same court granted bail to Basir in the case.
On February 23, Dhaka Special Judge Court-4 Sheikh Nazmul Alam sentenced two disgraced government officials to different jail terms in the high-profile bribery case.
Read: On Ex-DIG Mizan's payroll: ACC's Enamul finally gets bail from HC
While Enamul Basir was sentenced to eight years in jail as the recipient of Tk 40 lakh as bribe , ex- Deputy Inspector General of police Mizanur Rahman was given three years as the one paying the bribe in the same case.
A fine of Tk 80 lakh was also imposed on Basir in the case.
On July 22, 2019, ACC arrested Enamul from his Darus Salam residence in the city for taking the bribe from ex-DIG Mizanur Rahman.
On July 16, 2019, ACC director Sheikh Mohammad Fanafillah lodged the complaint over the bribery scandal.
A private TV channel reported that Mizan gave Tk 40 lakh to Basir to get a clean chit in a corruption case.
Enamul was suspended on June 10 of that year for allegedly leaking information, a breach of his job discipline.
Mizan was arrested in the case on July 21, 2019.
DIG Mizan was an additional commissioner of Dhaka Metropolitan Police (DMP). He was withdrawn on January 9, 2019 following allegations of threatening a female news presenter of a private television channel.
On Ex-DIG Mizan's payroll: ACC's Enamul finally gets bail from HC
The High Court on Tuesday granted bail to suspended ACC director Khandaker Enamul Basir in a case filed over a Tk 40 lakh bribery scandal.
The HC bench of Justice Md Ashraful Kamal passed the order after hearing a bail petition filed by Basir.
Advocate Faruk Alamgir Chowdhury stood for Basir while Advocate Khurshid Alam Khan represented the Anti-Corruption Commission.
Advocate Faruk said there is no bar to free him from the jail while ACC lawyer Khurshid said they will file an appeal against the HC order.
On February 23, Dhaka Special Judge Court-4 Sheikh Nazmul Alam sentenced two disgraced Bangladesh government officials to different jail terms in a high-profile bribery case.
While Enamul Basir was sentenced to eight years in jail as the recipient of a bribe, ex-DIG of police Mizanur Rahman was given three years as the one paying the bribe in the same case.
A fine of Tk 80 lakh was also imposed on Basir in the case.
Read: HC stresses accessibility of DCs to the people during contempt hearing
On July 22, 2019, ACC arrested Enamul from his Darus Salam residence in the city for taking bribe from police’s Deputy Inspector General Mizanur Rahman.
On July 16, 2019, ACC director Sheikh Mohammad Fanafillah lodged the complaint over the bribery scandal.
A private TV channel reported that Mizan gave Tk 40 lakh to Basir to get a clean chit in a corruption case.
Enamul was suspended on June 10 of that year for allegedly leaking information, a breach of his job discipline.
Mizan was arrested in the case on July 21, 2019.
DIG Mizan was an additional commissioner of Dhaka Metropolitan Police (DMP). He was withdrawn on January 9, 2019 following allegations of threatening a female news presenter of a private television channel.
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.
Also read: Legal notice served seeking FM Momen’s resignation in 48 hrs
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.
Case against Prof Yunus: Proceedings to continue in labour court
The High Court (HC) on Wednesday rejected a petition 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 S M Kuddus Zaman and Justice Fahmida Quader passed the order after hearing.
Now there is no legal bar to continue the case against him in the labour court, said Khurshid Alam Khan, counsel of the Ministry of Labour and Employment.
Barrister Abdullah Al Mamun appeared for Prof Yunus’s appeal at the court.
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.
Read: Case against Prof Yunus: Final hearing on scrapping case on Aug 11
On June 7, the Appellate Division ordered disposal of the rule within two 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 directors 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 a 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 scrapping 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.
Why inaction to remove Wasa MD form his post should not be declared illegal: HC
The High Court (HC) on Wednesday issued a rule questioning why the inaction of the authorities concerned to remove Dhaka Wasa Managing Director Taqsem A Khan from his post should not be declared illegal.
The HC bench of Justice Md Mozibur Rahman Miah and Justice Kazi Md Ejarul Haque Akondo passed order after a hearing a writ petition filed by the Consumers Association of Bangladesh (CAB).
The HC also ordered the Wasa Board to submit a report within 60 days informing how much money the MD took as salary, bonus and enjoyed other facilities in the last 13 years.
The court wanted to know why the Wasa MD should not be ordered to return the extra money taken as salary and allowances.
Read: Dhaka BRT girder collapse: HC issues rule on providing TK 5 cr compensation
The court has issued a rule seeking explanation as to why Wasa MD’s salary and allowances should not be fixed as per the circular issued by the National Pay Scale of 2015 and the Finance Ministry in 2016.
Barrister Jotirmoy Barua appeared for the writ petition in the court while Deputy Attorney General Arobinda Kumar Roy represented the state.
On July 31, architect Mobasher Hossain filed the writ petition on behalf of CAB challenging the inaction of the Wasa Board of Directors to remove Taqsem A Khan from the post of MD.
According to the writ petition, Taqsem A Khan was appointed as Wasa MD on a three-year contract in 2009. His contract was extended three times even after his poor performance.
The writ also mentioned that Wasa MD was drawing extra salary and allowances going beyond the rules. According to the latest board decision, the monthly salary of Wasa MD is Tk 6.25 lakh.
Dhaka BRT girder collapse: HC issues rule on providing TK 5 cr compensation
The High Court (HC) on Wednesday issued a rule questioning the authorities concerned why directive should not be given to pay compensation of Tk 5 to the five deceased who were crushed to death after a girder of the BRT project in Uttara fell on their private car.
The HC bench of Justice Farah Mahbub and Justice Ahmed Sohail passed the order after hearing a writ petition filed by Supreme Court lawyer Zakaria Khan.
Home Secretary, Roads and Highways Secretary, Inspector General of Police (IGP), Bangladesh Bridge Authority, Roads and Highways Chief Engineer and Dhaka Bus Rapid Transit (BRT) Company were made respondents to the rule.
The HC also wanted to know what steps have been taken by the BRT authorities in the last five years for the safety of people while carrying out development work.
The court asked it to submit report in this regard within the next 60 days.
Read: Dhaka BRT girder tragedy: Preliminary probe report submitted
On Tuesday, Supreme Court lawyer Shagufta Tabassum Ahmed filed a writ petition with the High Court seeking its directive to the authorities concerned to inform about their steps taken after the girder accident.
The writ petition sought instructions to ensure necessary safety measures in the movement of people preventing the recurrence of such incidents.
The HC bench of Justice Md Mozibur Rahman Miah and Justice Kazi Md Ejarul Haque Akondo dropped from its cause list the writ petition today (Wednesday).
Advocate Syeda Nasrin filed another writ petition on behalf of Ain o Salish Kendra (ASK) and legal services organisation Bangladesh Legal Aid and Services Trust (BLAST) seeking HC directive on compensation which will be heard on Thursday.
On Monday, the five, including two children, died after one girder of the BRT project fell on their private car while it was being moved in front of Gazipur Paradise Tower. A newlywed couple also travelling in the same car, fortunately escaped death.
The deceased were identified as Rubel, 50, Fahima, 40, her sister Jhorna, 28, and Jhorna's two children Jannat, 6, and Jakaria, 2, said Yeasin Gazi, inspector of Uttara west police station.
Rubel's son Hridoy, 26, and his wife Ria Moni, 21, escaped with serious injuries and were rushed to a local hospital.
Why govt didn't seek info of Bangladesh money in Swiss banks: HC
The High Court (HC) on Thursday order the government and the Anti-Corruption Commission (ACC) to explain why the government didn’t seek information of deposits of Bangladesh money in the Swiss banks.
The HC bench of Justice Md Nazrul Islam Talukder and Justice Khizir Hayat passed the suo moto order and asked them to submit the report by next Sunday.
ACC lawyer Khurshid Alam Khan and state counsel Deputy Attorney General AKM Amin Uddin Manik were present in the court.
Read:Estimate of Bangladesh money in Swiss Banks is “purely speculative”: Swiss Envoy
Sitakunda depot fire: HC orders formation of probe body
The High Court (HC) on Wednesday ordered the formation of a committee headed by a professor of Chemical Engineering Department of Bangladesh University of Engineering and Technology (Buet) to investigate the depot fire at Sitakunda in Chattogram.
The court asked the Ministry of Power, Energy and Mineral Resources to form the committee with other experts.
The HC bench of Justice Md Mozibur Rahman Miah and Justice Kazi Md Ejarul Haque Akondo passed the order after hearing of a writ petition.
The committee will submit their report by three months, it said.
The court also issued a rule questioning why the deceased's family and injured victims of the depot fire should not be paid adequate compensation.
In another rule, the HC wanted to know why the negligence of the authorities concerned should not be declared illegal and legal action will not be taken against the culprits through proper investigation of the depot fire.
The rule also sought explanation as to why instructions should not be given to designate places for chemical storage and show the quantity of chemicals and type of chemicals to be stored in the depot.
Read: Probe body finds owners, monitoring authority responsible for Sitakunda depot fire
At the same time, the court also asked why the fire service authority was not provided with modern equipment.
Home Secretary, Disaster Management and Relief Secretary, Industries Secretary, Commerce Secretary, Director General of Fire Service and Civil Defense, Chittagong Port Authority Chairman, Deputy Commissioner of Chattogram, Chairman and Managing Director of Smart Group, BM Container Depot were made respondents to the rule.
On June 29, Supreme Court Lawyer Barrister Mohammad Humayun Kabir Pallab, Barrister Mohammad Kawsar, Barrister Mohammad Majeedul Quader and AKM Faisal Haque filed the writ petition on behalf of ‘Law and Life Foundation’ and ‘CCB Foundation’.
The writ petition sought necessary directives to pay compensation of Tk 2 crore to each deceased's family and Tk 50 lakh to each injured victim of the depot fire.
The formation of an inquiry committee comprising of explosives experts, proper action against the culprits were also sought in the writ petition.
As per the writ petition, at least 51 people were killed in a fire at BM container depot in Chattogram’s Sitakunda on June 4. The deceased included 10 firefighters. Over 200 people were injured in the fire.
Besides, firefighters were unable to control fire caused by chemical due to lack of necessary training and modern equipment, it said.
Earlier, the Law and Life Foundation Trust and the CCB Foundation had served separate legal notices seeking compensation for the victims, said Barrister Pallab.
Writ petition challenges legality of raising fuel prices
A writ petition was filed with the High Court on Monday challenging the legality of the latest hike in fuel prices in the country.
Supreme Court Advocate Md Eunus Ali Akond filed the writ petition.
The writ petition sought the HC’s directive to stay the gazette issued by the Ministry of Energy and Mineral Resources raising fuel prices.
The HC bench of Justice Md Mojibur Rahman Mia and Justice Kazi Md Ejarul Haque Akondo may hear the writ petition on Wednesday.
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: Accidents at level crossings: Writ petition seeks judicial probe & compensation
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 sof fuel by a big margin on Friday.
Diesel price has been 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 issues rule on thalassemia info in NID
The High Court on Sunday issued a rule asking the government to explain as to why the authorities concerned should not be directed to add information about thalassemia to the National Identity (NID) card.
The HC bench of Justice Md Mozibur Rahman Miah and Justice Kazi Md Ejarul Haque Akondo issued the rule after hearing a writ petition.
Advocate Eunus Ali Akond stood for the writ petitioner while deputy attorney general Arbind Kumar represented the state.
Also read: 7 years in condemn cell despite acquittal: HC orders judicial inquiry
Secretaries to the Cabinet, health. law, home ministries, Election Commission, Director General of the Directorate General of Health Services, Bangladesh Medical and Dental Council have been made respondent to the rule.
The HC also issued a rule asking the government to explain as to why the authorities concerned should not be directed to enact a policy for inserting information about thalassemia in the NID card of a person.
Eunus Ali Akond filed a writ petition seeking insertion of thalassemia information into the NID card on May 31.
On May 25, a legal notice was served in this regard.
According to the petition, if any thalassemia patient marries a person carrying thalassemia disease then there is a risk of their children getting affected. But if a thalassemia-free is married to a patient of thalassemia, in that case, their children will be free from the risk of thalassemia.
Also read: HC summons ACC IO over exemption of accused in Sonali Bank loan scam case
They wanted an option at the NID card to insert information about thalassemia to clarify whether the card holder has been infected with the decease or not to prevent marriage of two thalassemia patients