Law-&-Order
Death of Fardin Noor: Order on Bushra's bail application Sunday
A Dhaka court set next Sunday (January 8) to pass its order on the latest bail application on behalf of Amatullah Bushra, who has been languishing in jail for almost two months now in a homicide case filed over the death of Buet student Fardin Noor (Parash), despite investigation agencies failing to find any evidence connecting her to her friend's death.
Judge Tahsin Iftekhar of Additional Metropolitan Sessions Judge's Court-7 set the date after hearing the bail petition, according to two members of Bushra’s legal team, lawyers Mokhesur Rahman and Abdur Rahman Hawladar.
Unlike Bushra's previous bail applications, which were opposed by the state on advice of the investigation agency - which was treating Fardin's death as a murder - this time the hearing took place in the context of both the Detective Branch, the court-appointed investigation agency, and the Rapid Action Battalion, which carried out its own 'shadow' investigation, having decisively shifted away from their earlier position that Fardin was murdered. Since mid-December, the two agencies have converged around a conclusion that Fardin committed suicide.
That did not stop the state from opposing Bushra's bail yet again today though.
Bushra, a 3rd year student of East West University who became friends with Fardin on the debate circuit, was the last known person to have seen Fardin on the day of his disappearance (Nov. 4). In fact they were together for hours before Fardin dropped her off at her student accommodation in Rampura close to 10pm - exactly as Bushra had said from the start and CCTV footage later confirmed.
Police picked her up on November 10, three days after Fardin's body washed up in the Shitalakkhya River, and hours after Fardin's father filed a case alleging murder - where the sole accused to be named was Bushra. It may be mentioned here that initial reports and even statements by forensic doctors who dealt with Fardin's body at Narayanganj General Hospital, made a very strong case for a homicide. Even the investigation agencies were bought on this version of events.
Bushra was taken on remand subsequently for five days, and her lawyers today reiterated how nothing untoward or suspicious was uncovered. Even the friendship the two shared was found to be platonic, her lawyers noted while talking to reporters outside the court premises. They prayed before the court for bail on humanitarian grounds.
State counsel Advocate Shamim Hasan, however, still found reason to oppose her bail petition - saying that if released despite being an accused in a murder investigation, she may "influence the witnesses of the case" while out on bail.
Fardin’s father Noor Uddin Rana was present at the court during the hearing, as it wrapped up without any order, nor any date for it. Later in the evening it was announced that an order would be passed on Sunday, the court's next working day.
Read more: DB to apprise court that Bushra has no link to Fardin’s death, says its chief
According to the investigation agencies' last version of how things transpired, Fardin committed suicide by jumping off the Sultana Kamal Bridge into the Shitalakkhya River around 2:37am on November 5, some 4-and-a-half hours after he dropped off Bushra. They have produced grainy, almost pitch dark CCTV footage in support of their claims, from an establishment at the bottom of the bridge. It shows an unrecognisable figure (too dark) appear at the side of the bridge at the said time, climb over the railing and dangle off it for some moments, before falling into the river. Fardin never learned to swim, according to DB.
But it's all very circumstantial. The only reason investigators can claim the dark figure falling into the river is Fardin, is because cellphone tracking of his phone number placed Fardin on the bridge at the time. Prior to that his phone had pinged various towers indicating his presence in Keraniganj, Johnson Road, Gulistan and Jatrabari. In Jatrabari police were able to get their hands on CCTV footage of him getting into a Laguna around 2:03am. His back is to the camera as he walks towards the laguna, which raised questions initially as to whether it is really him, but it's one of the few points on which the family agrees with the police.
Nooruddin Rana told UNB he does believe it is Fardin who gets on the Laguna, but adds: "The way he is walking shows he was tense, disturbed by something. He was in distress." Investigators have been less than convincing however, on what could have driven an intelligent young man with a seemingly bright future ahead of him to suicide. The DB chief's attempt at posthumous psychoanalysis came in for criticism as he brought up everything from Fardin's fondness for the novels of Albert Camus and Friedrich Nietzsche (nihilist philosophers) to random quotations attributed to Fardin, purportedly showing suicidal tendencies. Some of their interpretations clearly miss, or perhaps deliberately distort, what is meant, or overstate their significance, his friends say.
The Detective Branch also came across as insensitive when bringing up his family situation at home, and his supposedly slipping - although still far from disastrous - grades at BUET, as contributing factors to his suicide.
Read more: Fardin Noor: Home Minister puts faith in RAB, DB investigation
Confiscate Tarique, Zubaida's assets: Court
A Dhaka court on Thursday asked the police to confiscate all assets of BNP acting chairman Tarique Rahman and his wife Dr Zubaida Rahman in a graft case filed by the Anti-Corruption Commission (ACC).
Dhaka Metropolitan Senior Special Judge Md Asaduzzaman gave the order.
The court also asked the Cantonment Police Station officer-in-charge (OC) to submit a progress report on the implementation of the order by January 19, the date for the next hearing of the case.
On November 1, 2022, the same court issued arrest warrants against Tarique and Zubaida after accepting charges against them. It also asked the Cantonment Police Station OC to submit the progress report on the implementation of the arrest warrants by January 5.
According to the case statement, the ACC filed the case at Kafrul Police Station on September 26, 2007, against Tarique, his wife, and mother-in-law Syeda Iqbal Mand Banu for amassing wealth of around Tk4.82 crore beyond their known sources of income and for concealing information on wealth.
A charge sheet was submitted to the court against them in 2008.
Read more: Journalists criticise using photos of Khaleda, Tarique on ‘media card’ for covering BNP’s Rajshahi rally
Consider police stations as 'service delivery centres' to provide better service: IGP
Inspector General of Police (IGP) Chowdhury Abdullah Al-Mamun has asked policemen to consider police stations as "service delivery centres" to improve service delivery.
He was speaking at the "Police Week 2023" at the Rajarbagh Police Lines Parade Ground in the capital on Thursday.
"We will have to make sure that people from all walks of life get the services they need. Also, we will have to gradually improve the quality of service delivery at police stations considering them service delivery centres."
"Everyone is now praising the transparency in recruitment, posting, and promotion processes of Bangladesh Police. I would urge everyone to maintain this transparency in all areas."
Read more: Police implementing PM's zero tolerance policy against militancy firmly: IGP
Misconduct with Judge: HC summons B’baraia Bar Association president, 2 lawyers
The High Court on Thursday summoned three lawyers including Brahmanbaria Bar Association president for misbehaving with the district Woman and Child Repression Prevention Tribunal Judge Mohammad Faruq.
Those summoned are Bar Association president Advocate Tanvir Ahmed Bhuiyan, Secretary (Administration) Advocate Md Akkas Ali and Advocate Zubair Islam
The HC bench of Justice JBM Hassan and Justice Razik-Al-Jalil passed the order on a suo moto move.
The court asked the trio to appear before the court on January 17 to explain the matter.
The court also issued a rule questioning as to why punitive action will not be taken against them on contempt of court charge.
Read more: HC summons ACC IO over exemption of accused in Sonali Bank loan scam case
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.
One of the policemen present at the courtroom videoed the incident which was attached to the complaint.
Read more: HC summons 3 Khulna lawyers to face contempt charges
Considering the misconduct with a judge during the court session, it is necessary to settle the complaint in the interest of the safety of the judges and the image of the judiciary, reads the complaint.
HC seeks BCIC’s explanation over embezzlement of 72,000 tonnes fertiliser
The High Court on Thursday asked Bangladesh Chemical Industries Corporation (BCIC) authority to give an explanation over the embezzlement of 72,000 tonnes of imported chemical fertilisers that caused the government a loss of Tk 582 crore.
The HC bench of Justice Md Nazrul Islam Talukder and Justice Khizir Hayat passed the order on a suo moto move after taking a report published in a national daily into cognizance.
BCIC chairman has been asked to submit an explanation in this regard on January 20.
Read more: HC questions legality of primary school teacher recruitment on quota basis
Besides, the court ordered the Anti-Corruption Commission (ACC) to investigate the matter and submit a report within 60 days.
The HC also issued a rule questioning why the failure and negligence of the authorities concerned to take action against those involved in the embezzlement should not be declared illegal.
Advocate Khurshid Alam Khan appeared for the ACC in the court while Deputy Attorney General AKM Amin Uddin Manik and Assistant Attorney General Anna Khanam Koli represented the state.
A national daily published a report today (Thursday) stating that Poton Traders, the contractor in charge of transportation, has allegedly embezzled 72,000 tonnes of government imported chemical fertilisers without delivering them to the warehouse after release from the port. The government has suffered a financial loss of Tk 582 crore for this embezzlement.
Read more: HC issues rule on migration system in admission process
Former Member of Parliament Kamrul Ashraf Khan (Poton) is the owner of Potton Traders.
The fertiliser embezzlement by Potton Traders has come to light in two investigations by the BCIC, a government body under the Ministry of Industry that imports fertilizer.
The fertilisers were released between November, 2021 and May 15, 2022.
BCIC has not taken any legal action even after seven months of non-supply of fertiliser. BCIC sent a letter to the Ministry of Industries December 20 last year seeling instructions for taking legal action.
UN peacekeeping: Air chief briefs contingent members to be deployed in Mali
Bangladesh Air Force (BAF) is about to replace its contingent at the United Nations Mission in Mali (MINUSMA).
Air Chief Marshal Shaikh Abdul Hannan, chief of air staff of BAF, gave directives to the new contingent members at Dhaka Cantonment on Wednesday.
The chief of air staff advised them to discharge their duties with discipline, honesty, professionalism and sincerity to bring a good reputation for BAF as well as for the country, said the Inter Services Public Relation Directorate.
The chief of air staff also advised them to brighten the country's image by performing their duty cordially through respect, compassion and care for all irrespective of religion.
Read more: Bangladesh Air Force stands ready for post-Sitrang response
He also urged everyone to set an unprecedented example abroad by following various regulations of the UN.
One hundred and ten of one contingent (Airfield Services and Management Unit) will go to Mali where BAF deployed necessary airfield and ground support equipment.
Read more: BAF helicopters sent to UN peacekeeping mission in CAR
DMP bans gathering, carrying of arms around JS
Dhaka Metropolitan Police (DMP) has imposed ban on carrying all kinds of weapons, explosives, other harmful substances and holding rallies around the Jatiya Sangsad and adjacent areas from Wednesday midnight ahead of the 21th session of the 11th Parliament
The 21th session of the 11th Parliament will begin Thursday.
DMP imposed the restrictions to ensure undisrupted movement during the parliament session, according to a notification signed by DMP Commissioner Khandker Golam Faruq.
Read more: Jamaat men to be brought to justice for attacking police: DMP Commissioner
The roads and areas under restrictions are: From Mohakhali crossing on Mymensingh Road to Banglamotor crossing via Old Airport, from Western corner of Banglamotor Link Road to Hotel Sonargaon Road to SAARC Fountain, from the eastern end of Panthapath to Farmgate via Green Road link road, from Shyamoli crossing to junction of Dhanmondi-18 (old-27) road, from Rokeya Sarani link road to old 9th division crossing to Bijoy Sarani Parjatan crossing, from the east end of Indira road to west end of Manik Mia Avenue, the restricted area of the Jatiya Sangsad and all the roads and lanes in the area.
The restrictions will be in force until the parliament session ends.
Read more: Metro Rail: DMP to provide security till specialised unit is formed
Presidential election will be held in due time: Law Minister
Law Minister Anisul Huq on Wednesday said the presidential election will be held in due time since the second term of Abdul Hamid expires in April next.
Talking to reporters after inaugurating a workshop, he also said that the government has so far no plans to amend the constitution.
“The presidential election will be held in the due course of time. Since he (Hamid) was elected the President for two terms, he can't stay any longer (in the post) as per the constitution,” the minister said.
Read more: Law Minister sounds out govt's bullish mood on election
The workshop was organised in collaboration with the United Kingdom at the Judicial Administration Training Institute in the capital for the lower court judges.
Various problems of the judiciary of Bangladesh, including case backlog, case management, and ways of quick case disposal, will be discussed in the four-day workshop.
On Apr 24, 2013, Abdul Hamid was sworn in as the 20th President of Bangladesh.
After the end of his first tenure, Hamid also took oath as the president on the same date in 2018 for the second term.
Hamid is the only President who has been serving for two consecutive terms. His second and last tenure will expire on April 24 this year. The country’s constitution allows a maximum of two terms for a person in the post of president.
Read more: Human rights violators will be brought under justice: Law Minister
There was speculation that the government may amend the constitution to allow Hamid to stay in the post for another term, but the law minister categorically said they have no such plans.
About the apex court’s bail to BNP secretary general Mirza Fakhrul Islam Alamgir and standing committee member Mirza Abbas, he said no ministry, including the law ministry, is interfering in the work of the court.
“The court will grant bail as per its wish. The court won’t give bail if it thinks it can't be given,” he observed.
Huq also said it often happens that the apex courts are granting the BNP leaders bail when the lower court is denying it.
He also said staying the lower court’s bail by the apex court is nothing new in Bangladesh.
“Those who have raised questions about it, may not have seen the rules of Jatiya Party and BNP.”
9 BNP men land in jail in Naogaon
A Naogaon court on Wednesday sent nine leaders and activists of BNP and its associate bodies to jail in a case filed under the Explosive Substances Act.
Naogaon District and Sessions Judge Abu Shamim Azad passed the order after rejecting their bail petitions.
Read more: BNP, 32 parties stage huge showdowns in Dhaka as collective movement takes shape
They are Fazle Huda Babul, joint secretary of Badalgachhi upazila unit BNP, vice-president Zakir Hossain Chowdhury, general secretary Abdul Hadi Chowdhury Tipu, office secretary Shahin Hossain, Omar Faruk, Kola union unit BNP, Bidyit Hossain, general secretary of Balubhara union unit BNP, Anwar Hossain, vice-president of Mithapur union unit BNP, Rustom Ali, vice president of Mathurapur union unit Jubo Dal and Dulal Mohri, president of Badalgachhi upazila unit Krishak Dal.
According to the case statement, a number of crude bombs were exploded during a rally of Awami League, organised by upazila unit Awami League on Nevember 22.
Read more: Main demand of BNP’s 10 points is fall of govt: Mosharraf
Sanaul Hossain, President of upazila unit Krishak League lodged a complaint against 18 identified leaders and activists of BNP and 150 unidentified people with Badalgachhi Police Station.
Police arrested eight leaders of BNP from the upazila on that day.
State files petition challenging HC bail to Fakhrul, Abbas
A petition has been filed with the Appellate Division of the Supreme Court seeking stay on the High Court order granting bail to BNP Secretary General Mirza Fakhrul Islam Alamgir and Standing Committee member Mirza Abbas, in a case over the clash between police and the party activists in Dhaka's Nayapaltan on December 7 last year.
Additional Attorney General SM Munir said the government filed the petition with the Appellate Division bench concerned this morning.
The Chamber Judge of the Appellate Division will hear the petition after 2 pm.
Read: Nayapaltan clash: Fakhrul, Abbas denied bail for 4th time
Earlier, on Tuesday, the High Court granted six months' bail to Mirza Fakhrul Islam Alamgir and Mirza Abbas, in the case. The HC bench of Justice Md Selim and Justice Md Riaz Uddin granted the bail.
The court also issued a rule asking the government to explain why the two BNP leaders should not be granted permanent bail.
On December 21, Dhaka Metropolitan Session Judge Asaduzzaman rejected the BNP leaders’ bail petitions for the fourth time.
On December 9, 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 December 12, a Dhaka court rejected the bail petitions of 224 leaders and activists of BNP, including Fakhrul and Abbas.
On December 15, the bail petitions of the two BNP leaders were rejected again.
A Dhaka court ordered to give division facility to them on December 9 and then they were given the division facility from December 13.
Read: Mirza Fakhrul, Abbas should’ve given division in jail earlier: HC
They were accused of instigating, planning, and directing an attack on police.
On December 7, 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 filed four cases at Ramna, Shahjahanpur, Motijheel and Paltan police stations against 720 BNP activists and over 2400 unnamed people in connection with the clash with BNP.
Of the BNP men, 450 were accused in the case filed at Nayapaltan police station, 20 in a case filed at Motijheel police station and seven in a case filed at Shahjahanpur police station.