The Appellate Division of the Supreme Court (SC) on Sunday (August 20, 2023) ordered to continue the trial proceedings after dismissing a petition submitted by Nobel laureate and Chairman of Grameen Communications, Dr Muhammad Yunus, and three others in a case over violation of labour law. A regular and full bench consisting of seven justices of the Appellate Division headed by Chief Justice Hasan Foez Siddique passed the order after hearing the petition, said the defendants’ counsel, Barrister Abdullah Al Mamun. On September 9, 2021, Labour Inspector Arifuzzaman, of the Department of Inspection for Factories and Establishments, filed the case with Dhaka's 3rd Labour Court. Read: Labour law violation case: SC orders disposal of rule on charge framing against Dr Yunus within two weeks Other accused in the case are: Ashraful Hasan, Managing Director of Grameen Telecom, and its directors, Nurjahan 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 were formed for them and five percent of the company’s profit was not provided to the workers following the law. Read: Appellate Division orders Dr Yunus to pay NBR Tk 12 crore tax on donations 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. On June 6 this year, the Labour Court ordered the trial in the case through framing chargesheets against the accused. Later, Dr Yunus filed a petition with the HC seeking cancellation of the charge framing order. Subsequently, on August 8, the HC rejected the petition. Read more: Supreme Court to hear Dr Yunus's petition on July 23 Later, the Nobel laureate filed the petition with the Appellate Division seeking cancellation of the charge framing order. The division led by the chief justice cleared the petition after hearing it on Sunday.

The Appellate Division of the Supreme Court today (July 23, 2023) ordered Nobel laureate Dr Muhammad Yunus to pay Tk 12 crore tax on donations to the National Bureau of Revenue (NBR) after dismissing a leave-to-appeal in this regard. A four-member bench of the Appellate Division, headed by Chief Justice Hasan Foez Siddique, passed the order after hearing the leave-to-appeal submitted by Dr Yunus against a High Court verdict. Attorney General AM Amin Uddin represented the state during the hearing, while Fida M Kamal and Barrister Abdullah Al Mamun stood for Dr Yunus. Earlier on June 21, a leave-to-appeal was filed against the High Court verdict. On July 9, the chamber court set July 17 for hearing in the Appellate Division. Read: HC asks Dr Yunus to pay  over Tk 12 crore as donation tax On July 17, the Appellate Division adjourned till July 23 the hearing on the appeal against the High Court verdict. According to the petition, NBR served three separate notices claiming Tk 12,28,74,000 tax against Tk 61.57 crore donation during 2011-2012 fiscal year, Tk 1.60 crore tax against Tk 8.15 crore donation in FY 2012-2013, and Tk 1.50 crore tax against Tk 7 crore donation in FY 2013-2014 as per the Donation Tax-1990. Read: Trial against Dr Yunus to continue in labour court: Appellate Division Dr Yunus challenged the validity of NBR's notices and filed a case in the Appellate Tribunal. According to him, NBR cannot claim tax against donations as per law. On November 20, 2014, his application was rejected. Then in 2015, he filed three income tax reference cases in the High Court. After that, the High Court ruled on May 31 that the tax imposed by the NBR against the money that he had donated to three trusts was valid. After the verdict on May 31, Attorney General AM Amin Uddin told reporters that Dr Yunus had donated Tk 77 crore to three institutions. “The petitions were dismissed. Now the tax demanded by the NBR will have to be paid. The NBR had demanded more than Tk 15 crore. He (Dr Yunus) has already given around Tk 3 crore. Now the remaining Tk 12 crore will have to be paid in taxes.” Read more: HC stays labour law violation case against Dr Yunus for 6 months

The Appellate Division on Monday suspended bail of Jagannath University student Khadijatul Kubra for another four months in two cases under the Digital Security Act(DSA). An Appellate Division bench led by Chief Justice Hasan Foez Siddique passed the order. Advocate BM Elias Kachee and Barrister Jyotirmoy Barua stood for Khadija, while Assistant Attorney General Saiful Alam represented the state. Students demand release of JnU student Khadija Khadija was granted bail by the High Court on February 16 in two Digital Security Act cases. The state filed petition challenging the bail. During the hearing, Khadija's lawyer Barrister Jyotirmoy Barua argued that she was not accountable for the opinions expressed by guests in videos on her YouTube channel. The Appellate Division responded that Khadija, “as a first-year honours student, should be able to accept responsibility for the opinions aired on her talk show program.” Steps taken to prevent misuse of DSA: Law Minister In October 2020, police filed two cases against Khadija and retired Maj Delowar Hossain at the Kalabagan and New Market Police Stations for 'spreading anti-government propaganda and harming Bangladesh's reputation.' The allegations in the two cases filed a week apart, were similar. Police arrested Khadija on September 17, 2022. She has been imprisoned since then. Over 7,000 cases under DSA: Law Minister According to the case details, Khadija and Delowar conspired to broadcast false, fabricated, and defamatory propaganda about the Prime Minister, various government agencies, and senior state officials in order to oust the country's legitimate administration. They were aiming to destroy communal harmony through their conspiracy by promoting enmity, hatred, and division among various communities, it said. Khadija was 17 when the cases were filed under the Digital Security Act in 2020, but the case was filed showing her as an adult, according to her lawyer. Despite having kidney disease, Khadija's bail petitions were repeatedly denied by a Dhaka court, he said.    

The Chamber Judge of the Appellate Division on Sunday stayed the High Court order that had granted bail to Golam Kibria Boro Monir, vice-president of Tangail district unit Awami League and his wife Nigar Aftab in a rape case. Chamber Judge of the Appellate Division Justice M Enayetur Rahim passed the order. It also asked Kibria, also the general secretary of District Bus Minibus Owners Association, to surrender before the lower court within two weeks. Advocate Yusuf Hossain Humayun stood for the accused while Deputy Attorney General Sarwar Hossain Bappi represented the state. On April 5, a 17-year-old girl lodged a complaint against Kibria for violating her with Sadar Police Station. According to the case statement, Kibria had a conflict with the brother of the girl over the ownership of a portion of property. On December 17, Kibria asked the girl to meet him at a building at Court area in the district and tried to make physical relations with the girl. As the girl refused to do so, he snatched away the mobile phone of the girl and violated her after confining in a room. Also read: High Court questions hike in price of performing hajj Kibria also threatened to kill her if she disclosed the matter to anyone, said the statement. When the girl got pregnant, Kibria put pressure on her for abortion. Being refused, the girl was abducted to the house of Kibria’s in-laws on March 29 where Kibria’s wife beat her up physically. She was again violated there. When the girl fell sick they brought the girl to her house at the dead of night. The girl also made her statement under section 22 before the court.  

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.

The Appellate Division of the Supreme Court today upheld the High Court order on Viqarunnisa Noon School and College authorities to admit 56 students to class 1. The three-member bench led by Chief Justice Hasan Foez Siddique passed the order after rejecting four separate petitions filed by the authorities concerned of Viqarunnisa Noon School and College. Additional Attorney General Sheikh Mohammad Morshed stood for Viqarunnisa while senor Advocate Prabir Niyogi, Barrister Syed Ahed Raza and Barrister ABM Altaf Hossain represented the students. Barrister Altaf Hossain said the number of total petitioners is 56 and their siblings are already studying in Viqarunnisa. On January 16, the Ministry of Education issued a circular stating that only an additional 5 percent of the total seats in any institution, including the entry class, can be filled with applicants whose siblings are already studying in that institution for the 2023 academic year. The guardians of 56 students filed separate petitions after failing to enrol their children at the designated school. Also read: HC orders Viqarunnisa Noon School to admit siblings of 41 students Later, the High Court stayed the section 14 of the guidelines for 41 students. The High Court also issued a rule asking the government to explain as to why section 14 of the guidelines should not be declared illegal. On January 31, the HC directed Viqarunnisa Noon School and College authorities to admit 41 students, siblings of the students who are already studying there, to class 1. The HC bench of Justice KM Kamrul Quader and Justice Mohammad Ali passed the order after hearing the writ petition filed by the parents of the 41 students.  

The Appellate Division of the Supreme Court today stayed the High Court order that had asked the authorities concerned to give stall allotment to Adarsha Prokashoni to participate in the month-long Ekushey Boi Mela on condition. A four-member bench of the Appellate Division led by Chief Justice Hasan Foez Siddique passed the order after hearing a petition. With the latest order, Adarsha Prokashoni will not be allowed to participate in the book fair. Also read: HC asks Bangla Academy for stall allotment to Adarsha Prokashoni on condition Advocate Anik R Haque stood for Adarsha Prokashoni while Senior Advocate Attorney General AM Amin Uddin represented Bangla Academy. On February 8, the HC bench of Justice Md Khasruzzaman and Justice Md Iqbal Kabir passed an order asking the authorities concerned to give stall allotment to Adarsha Prokashoni to participate in the month-long Ekushey Book Fair on condition. Counsel Anik said the court asked the Bangla Academy to give the stall allotment on condition that it cannot keep three books —‘Bangalir Mediocrity’r Sandhane’ by Faham Abdus Salam, ‘Unnoyan Bibhram’ by Zia Hasan and ‘Oprotiroddho Unnoyane Obhaboniyo Kothamala’ by Foyez Ahmad Taiyeb. Read More: Tracing the Roots of Ekushey Boi Mela Later, Bangla Academy filed a petition challenging the HC order. On Monday (February 13), the Chamber Judge of the Appellate Division Justice M Enayetur Rahim set February 15 for hearing on the petition. Advocate Anik said that though the books were not blacklisted or banned, the participation of the publishing house was restricted involving the books. Read More: Boi Mela, Pahela Falgun & Valentine's: Visitors around DU campus spoilt for choice   The writers of 600 books, which were published from the Adarsha Prokashoni, will be deprived of taking part in the month-long fair, he said. Owner Mahabubur Rahman filed a petition with the HC seeking intervention after authorities disclosed the names of the participating publishing houses except Adarsha Prokashoni on January 12.

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.  

The Appellate Division of the Supreme Court on Sunday (January 15, 2023) upheld the High Court order granting bail to Sonia Akter Smrity, a Mahila Dal leader of Rajbari, in a case filed over posting "offensive" content on Facebook against Prime Minister Sheikh Hasina. A four-member bench of the Appellate Division led by Chief Justice Hasan Foyez Siddiqui passed the order withdrawing the stay order of the Chamber Court. Senior Advocate AJ Mohammad Ali, Barrister Kayser Kamal and Barrister Ruhul Quddus Kazal appeared in the court for Smriti. Additional Attorney General Sheikh Mohammad Morshed represented the state. Read more: Defaming PM: Chamber Judge stays bail to Rajbari Mahila Dal leader Now there is no bar to the release of the Mahila Dal leader, Barrister Kayser Kamal said. Smrity, wife of Md Khokon Mia of No 3 Beradanga area of Rajbari Sadar, is a member of Jatiyatabadi Mahila Dal’s Rajbari district unit. On November 2 last year, Chamber Judge of the Appellate Division, M Enayetur Rahim, stayed the bail order granted by the High Court till November 7. The High Court granted interim bail to Smrity in the case on November 1. Read more: Rajbari Mohila Dal member arrested under DSA for 'comment on PM' Police arrested Smrity on October 4 in a case filed under the Digital Security Act (DSA) for posting offensive status on Prime Minister Sheikh Hasina on Facebook. Arefin Chowdhury, member secretary of Rajbari district Bangabandhu Sangskritik Jote, lodged an FIR against her. On October 5, Judge Kaisun Nahar Surma of Rajbari No 1 Judicial Magistrate Court rejected Smrity’s bail plea and ordered to send her to jail. On October 26, Rajbari Sessions Judge Court also denied bail to Smrity which prompted her to seek bail from the HC. Read More: Fardin's death: Bushra finally granted bail In her bail plea, Smrity requested the HC to consider her as a woman and a mother of two children. According to the FIR, the accused BNP activist made "insulting remarks" about PM Sheikh Hasina, also president of the ruling Awami League, from her personal Facebook account in two separate statuses on August 31 and September 28.

The Appellate Division of the Supreme Court on Tuesday stayed the HC order granting bail to BNP’s joint secretary general Aslam Chowdhury in a case filed for his alleged involvement in an anti-state plot. Chamber Judge of the Appellate Division Justice Jahangir Hossain passed the order. The court also fixed January 30 for hearing the petition in the regular bench of the Appellate Division. Read more: Order cancelling Samrat's bail upheld by Appellate Division Deputy Attorney General Sarwar Hossain Bappi represented the state while Advocate Aminul Islam stood for the BNP leader. On January 5, the High Court granted bail to Aslam in the case. Later, the state counsel filed an appeal petition challenging the High Court order. Police arrested Aslam from the capital on May 15, 2016. Later sedition charges were brought against him for his alleged involvement in an anti-state plot on May 25 that year. A case was filed in this connection. Several local newspapers published reports attaching more than one photographs of the BNP leader’s meeting with Israeli influential leader Mendi N Safadi. But, Aslam denied any conspiracy against the government although he admitted to meeting Safadi in a tea party in India. Read more: HC grants bail to ex-LGRD minister’s APS in money laundering case