law-order
Primary school headmasters to get grade 10 pay scale: SC
The appellate division on Thursday upheld the High Court’s order to upgrade the pay scale of primary school headmasters to grade 10.
The three member appellate division led by Chief Justice Hasan Foez Siddique passed the order rejecting the leave to appeal plea of the state against the HC order.
On February 25, 2019 the HC passed the order during the final hearing on a writ petition filed by 45 school teachers including Government Primary School Headmaster’s Association president Riaz Parvez.
Also read: Provide salary to pry school headmasters under grade-10: HC
The court ordered the government to notify the 45 petitioner headmasters’ (trained and untrained) names in official gazette as second-class government officers and upgrade their pay scale to 10th grade.
Petitioners’ lawyer Salah Uddin Dolon said though the headmaster post is gazetted as second class officers they are paid under grades 11 and 12.
Other government officials of second class get paid under grade 10 which means headmasters are being honoured as government officials but being deprived of their rights, he said.
On March 9, 2014, Prime Minister Sheikh Hasina announced upgrading the government primary school headmaster’s post to second class.
Also read: HC orders appointment of 84 BCS successful candidates
The ministry of primary and mass education later set grade 11 pay scale for the trained headmasters and grade 12 pay scale for the untrained ones.
Abrar murder case: Death reference reaches High Court
The death references of BUET student Abrar Fahad murder case have reached the High Court for examining the lower court verdict.
The death reference reached the branch concerned of the Supreme Court on Thursday, said Mohammad Saifur Rahman, Special Officer of the SC.
Now further action will be taken as per rules, he added.
According to the law, if a convict is sentenced to death in a lower court, all the documents of the case are sent to the High Court for approval of the penalty. It is then included in the branch concerned of the High Court as a death reference case.
Read: Abrar’s mother also seeks death sentence for Amit Saha
Later, when the case ‘Paperbook’- file containing all the documents- is prepared, the hearing of the death reference is held following the serial.
On December 8 last year, a Dhaka court sentenced 20 young men to death and five others to life imprisonment for killing Abrar, 21-year-old student of Buet in October 2019.
According to the prosecution Abrar, the second-year student of Electrical and Electronics Engineering at Buet, was beaten to death by Bangladesh Chhatra League leaders at Sher-e-Bangla Hall in 2019.
He was found dead on the staircase of the hall in the early hours of October 7, after he was taken to room No-2011 around 8pm on October 6 and beaten mercilessly.
Read: 20 to die for killing Buet student Abrar
On October 7, an FIR for murder was lodged at the Chawkbazar police station against 19 people, following a complaint from Abrar’s father Barkat Ullah.
On November 13, 2019, Detective Branch (DB) inspector and investigation officer of the case Wahiduzzaman submitted a chargesheet against the 25 accused.
On September 15, 2020, the court framed charges against the accused. The court recorded statements of 47 of the 60 witnesses in the case.
Shilpakala Academy DG asked to submit records to ACC
The Anti- Corruption Commission ( ACC) on Wednesday asked director general of Bangladesh Shilpakala Academy to submit their expenditure records following allegations of embezzlement and abuse of power.
The ACC decided to launch probe on the allegations on January 2,2021.
A two member team led by ACC Deputy Director Mohammad Ibrahim is looking into the matter while other member is Afnan Jannat Keya.
READ: ACC case against policeman in Chattogram
ACC sought the records of the expenditure of the budget alloted for the academy of the fiscal 2019-2020, 2020-2021, extra TK 35 crore of the fiscal 2020-21, the records of the cost of organising virtual programme during corona period in 2020, various vouchers and bank statement of BSA at Sonali Bank till Dec 31,2021
The Commission asked the Shilpakala Academy to submit the necessary records and documents within January 11.
In the last few months, there have been some allegations against DG of Shilpakala Academy, including abuse of power and bribery. There is also a specific allegation of withdrawing Tk 26 crore.
READ: ACC snaps illegal gas link from Savar factory
According to the complaint received by the ACC, the director general of the academy tactfully removed Tk 26 crore by appointing a contract officer as the secretary without following the rules and regulations.
Expelled Sramik League leader Tufan gets bail in money laundering case
The High Court on Wednesday granted bail to expelled Sramik League leader Tufan Sarker in a money laundering case.
The HC bench of Justice Md Nazrul Islam Talukder and Justice AKM Zahirul Huq passed the order.
Read: Expelled Sramik League leader Tufan denied SC bail
Deputy Attorney General AKM Amin Uddin Manik said the High Court granted bail to Tufan as he has been serving jail for a long time in various cases.
“We will file a petition with the Appellate Division challenging the bail order,” he added.
Lawyer Rafiqul Islam Sohel appeared for Tufan.
Read: HC turns down Tufan’s bail in rape case
Sub-inspector of Crime Investigation Department (CID) Md Safiul Alam filed the case with Bogura Police Station on October 29 last year alleging that a total of Tk 33.34 lakh was laundered by through illegal drugs trade.
Tufan has been in prison since 2017 in a case filed over the rape and torture of a schoolgirl and her mother.
HC orders appointment of 84 BCS successful candidates
The High Court on Wednesday asked the government to appoint in different cadres 84 successful BCS candidates who have been recommended by the Public Service Commission. The HC bench of Justice Mamnoon Rahman and Justice Khandaker Diliruzzaman passed the order and asked the public administration secretary provided there are no specific cases against them. Advocate Siddique Ullah Mia and Advocate Mizanur Rahman stood for the petitioners while Deputy Attorney General Amit Das Gupta represented the state. Advocate Siddique Ullah said the 84 candidates were recommended by the PSC for appointment in different cadres after they came out successful in BCS examinations. Of them, 10 were recommended in 36th BCS, 38 in 37th BCS and 36 in 39th BCS. But without showing any specific reason, their recruitment did not happen as yet, he said. In 2020, four separate writ petitions were filed in this connection. Later, the HC issued rule asking the government to explain as to why the gazette published excluding the names the 84 should not be declared illegal.
HC asks law enforcement agencies to stop issuing contradictory statements on Cox’s Bazar gang rape case
The High Court on Tuesday said the law enforcement agencies should refrain from making contradictory statements on the alleged gang rape of a female tourist in Cox’s Bazar in the interest of fair investigation. Such statements during the investigation into the case are undesirable, said the HC bench of Justice M Enayetur Rahim and Justice Md Mostafizur Rahman while hearing a writ petition seeking judicial probe into the incident that occurred on December 24.
Read: Writ seeks judicial inquiry into Cox's Bazar gang-rape The bench observed that even when truth is revealed people think differently because of such statements from different departments of law enforcement force. The HC kept the writ ‘stand over’ and asked the deputy attorney general Bipul Bagmar to convey to the law enforcement agencies its message that they should refrain from providing different statements. “The law enforcement agencies can cooperate with each other in the interest of investigation but it would be better if the investigative officer keep mum about any cases during the investigation,” said HC. It also said that the journalists will seek information as part of their job and that’s why they can’t be blamed. Filing the writ on Monday Advocate Abdullah Al Harun Bhuiya Russel said “The statements of Rab and police are inconsistent and they gave different statements before the media. That’s why a judicial investigation is sought in the case.” The writ also sought a rule seeking directives of proper legal steps against the culprits involved in the crime.
Read: Cox’s Bazar rape: another accused arrested Secretaries to the home ministry, civil aviation and tourism ministry, Inspector General of Police, deputy commissioner of Cox’s Bazar and Superintendent of Police were made respondents to the rule. On the night of December 22 a gang led by its leader Ashik abducted the woman and allegedly raped her in two places of the resort town. Law enforcement agencies have since then arrested Ashik and five others in the case even if the investigation is going on.
Writ seeks judicial inquiry into Cox's Bazar gang-rape
A writ petition was filed with the High Court on Monday seeking its directive to conduct judicial inquiry into the recent gang-rape of a tourist in Cox’s Bazar.
Supreme Court Advocate Abdullah Al Harun filed the writ petition to the office concerned of the High Court.
This writ petition is likely to be presented before the HC bench of Justice M Enayetur Rahim and Justice Md Mostafizur Rahman for hearing.
Read: Cox's Bazar gang rape: Prime accused Ashiq arrested
The petition sought issuance of a rule seeking explanation as to why the Cox's Bazar District Judge or Chief Judicial Magistrate should not be directed to conduct a judicial inquiry into the rape incident and take appropriate legal action against the accused.
Six persons, including Home Secretary, Inspector-General of Police (IGP), Civil Aviation and Tourism Secretary, Cox’s Bazar Deputy Commissioner and Superintendent of Police have been made respondents.
On December 22, a 22-year-old woman was taken to a desolate place near the golf club where three accused allegedly violated the woman following an altercation with her husband.
Read:Cox's Bazar horror: Woman kidnapped & raped by 3 in front of husband & child
Later, she was taken to Zia Guest Inn and there the three accused again took turns to rape her for hours. They released her in the early hours on the following day and allegedly threatened to kill her family if she discloses the matter to anyone.
On December 23, the woman’s husband filed the case under the Prevention of Women & Children Repression Act at Cox's Bazar Sadar Model Police Station accusing seven people. So far, six people have been arrested.
2 Japan-born girls to stay with Japanese mother till January 23: SC
The Appellate Division on Monday ruled that the two children of Bangladesh-born US citizen Imran Sharif and Japanese mother Nakano Erico will stay with their mother till January 23.
A three-member full bench of the Appellate Division, headed by Chief Justice Hasan Foez Siddique, passed the order following a petition filed by Erico challenging a High Court order.
The court said their father Imran Sharif, can visit his daughters between 9am and 9pm every day during this period.
Read: SC: 2 Japan-born girls to stay with Japanese mother for 2 days
Advocate Ahsanul Karim and Advocate Shishir Monir appeared for Erico while Lawyer Fawzia Karim Firoze for Imran Sharif.
On November 21, the HC bench of Justice M Enayetur Rahim and Justice Md Mostafizur Rahman ruled that the Japan-born daughters of Imran and Erico will stay with their father.
However, the mother can exclusively meet the daughters, aged 11 and 10, three times a year for 10 days at a time and Imran, the father, will bear her travel and accommodation expenses, said the court.
If Erico wants to meet her children beyond the court-prescribed time she has to do it at her own expenses, the court said.
Imran was also instructed to allow the children to talk to their mother on video calls twice a month on holidays.
Following the writ petition, the High Court also ordered Imran to give Tk 10 lakh to Erico for the expenses she incurred to travel to Dhaka and stay here for seven days.
The concerned social service officer was directed to continue monitoring the development regarding the children and submit a report to the Registrar of the High Court on the issue of children every three months.
However, the high court rejected the writ petition filed by Imran seeking order to produce their third and youngest daughter, who is in Japan.
After 12 years of marriage, on January 18, Erico, a physician, appealed for divorce from Engineer Imran Sharif over marital dispute.
On January 28, 2021 she also filed a case with a Tokyo family court for custody of their three children.
Read: HC allows two girls to stay with Bangladeshi father in custodial battle with Japanese mother
But on February 21, Imran returned to Bangladesh with the first two girls fom Japan. After that a Japanese court passed a verdict giving the children under their mother’s custody.
On August 19, Erico filed a writ petition before the High Court here seeking custody of the two girls.
HC rules against 5 officials including CEC for defying court order on results of 1 UP
The High Court on Sunday issued a contempt of court rule against 5 officials including the Chief Election Commissioner and Election Commission Secretary for disobeying an order.
The rule was issued over publishing the gazetted election results of a union parishad at Rangunia upazila in Chattogram.
HC bench of Justice Mamnoon Rahman and Khandaker Diliruzzaman passed the order during hearing on a writ petition filed in this regard.
The HC questioned why punitive measures will not be taken against the five officials.
Also read: Launch fire: Writ seeks HC directive on compensation for victims
CEC KM Nurul Huda, EC secretary Md Humayun Kabir, Chattogram District Commissioner Mominur Rahman, Rangunia upazila election officer Bayezid Alam, and Ratan Kanti Shil, presiding officer at the Chainipara Government Primary School polling center, were made respondents to the rule.
Petitioner’s lawyer ABM Altaf Hossain said petitioner Ahmed Kabir, a general member candidate for Kumra Union Parishad election lost by 8 votes.
On December 2, Ahmed Kabir sent an application to the CEC for a recount of the votes or reelection as there was a discrepancy between the result announced at the Chainipara school center and the number of voters.
Also read: HC stays govt order on withdrawal of allowance to Birangana Majeda
Getting no reply, Kabir filed a writ petition with the High Court.
On December 6, the HC ordered to settle the appeal within 15 work days and suspended issuing gazette on the UP election result until then.
On December 23, the gazetted election result was published by CEC without settling the petition.
Marine Court sends two drivers of MV Abhijan-10 launch to jail
The Marine Court here on Sunday ordered to send the two drivers of the MV Abhijan-10 launch to jail in a case related to last month’s deadly fire that killed at least 42 passengers of the vessel.
They are - the 8th accused in the case Abul Kalam ( in-charge driver) and the 7th accused Masum Billah (2nd driver).
Earlier on December 28, the same court sent the two masters of the launch Riaz Sikder (master in charge) and the 6th accused Khalilur Rahman (2nd master) to jail when they surrendered before it.
The court was set up on the 8th floor of BIWTA Bhaban in the city’s Motijheel after the launch fire on December 24.
Read:Launch tragedy: Probe committee gets 3 more days to submit report
Sources at the court said the two drivers of the launch surrendered before Special Metropolitan Magistrate Zainab Begum on Sunday morning and applied for bail. After hearing, the court ordered to send them to jail.
Advocate Billal Hossain, prosecuting officer of the Department of Shipping, confirmed this to UNB.
He said that the overall responsibility of the engine room rests with the engine drivers. Not only did they neglect their responsibilities, their role in the aftermath of the fire was presumptuous. The fire was initially reported to have started from the engine room, he said.
If they had managed the engine room properly with perfect supervision, perhaps this horrible tragedy could have been averted, Adv Billal added.
Adv Md Jahangir Hossain argued for the defendants seeking bail.
On December 26, the chief inspector of the Department of Shipping Shafiqur Rahman filed a case against eight people, including four owners of the launch, under the Marine Act with the Marine Court. The court took cognizance of the case and issued arrest warrants against the accused.
Read:Launch fire tragedy: 47 confirmed dead now, at least 58 still missing
The worst launch fire in memory occurred in the early hours of December 24 on Sugandha river off Jhalakathi town as Abhijan-10 packed with more than 800 passengers was on the way to Barguna from Dhaka.
Police received reports of 42 deaths in the incident. At least 80 people were injured and many others reported missing.