Appellate Division
Appellate Division defers 13th Amendment review hearing to Feb 9
The Appellate Division has deferred the scheduled hearing of a review petition filed challenging the cancellation of the 13th Amendment to the Constitution, which introduced the caretaker government system, to February 9 next.
A six-member bench of the court, led by Senior Justice Md Ashfaqul Islam, set the date on Sunday after accepting a petition filed by BNP seeking time.
Senior lawyer advocate Zainul Abedin and Ruhul Quddus Kazal stood for the BNP in the court.
Earlier, on December 1 last year, a six-member bench, led by Chief Justice Dr Syed Reefat Ahmed, set January 19 for hearing the petitions.
On October 16 last, BNP Secretary General Mirza Fakhrul Islam filed a review petition against the annulment of the caretaker government system (13th Amendment) before the Appellate Division.
Earlier, another review petition was submitted to the apex court by the general secretary of Sushashoner Jonno Nagorik (Sujon) Dr Badiul Alam Majumdar.
Bangladesh Jamaat-e-Islami Secretary General Prof Miah Golam Parwar filed a petition regarding the same issue.
The court later decided to hear all the petitions.
Read: Jamaat files review petition to reinstate caretaker government
The 13th Amendment to the constitution incorporating the caretaker government system was adopted by the parliament in 1996.
Three lawyers led by M Salim Ullah filed a writ with the High Court challenging the legality of the amendment.
The Appellate Division on May 10, 2011 delivered a judgment scrapping the 13th Amendment to the Constitution.
After the judgment, the Jatiya Sangsad on June 30, 2011 passed the 15th amendment upholding the annulment of the caretaker system with some ratification.
A gazette notification was also published in this regard on July 3 in that year.
Read more: BNP wants to reinstate caretaker government system for elections: Tarique
Besides, a high court division bench comprising Justice Farah Mahbub and Justice Debashish Ray Chowdhury on December 17 gave a judgment scrapping the 15th amendment mentioning that the Sections 20 and 21 of the 15th amendment are contrary to the constitution.
3 weeks ago
Zia Orphanage graft case: Judgment on Khaleda's appeal Wednesday
The verdict on BNP Chairperson Khaleda Zia's appeal in the Zia Orphanage Trust graft case will be delivered on Wednesday.
The Appellate Division concluded the hearing on the appeals of Khaleda and two others against their conviction in the Zia Orphanage Trust graft case on Tuesday.
After four days of hearing, a five-member bench of the Appellate Division led by Chief Justice Syed Refaat Ahmed fixed Wednesday to pronounce the judgment.
The hearing on the appeals began on January 7, with the court addressing the separate appeals of Khaleda Zia, Sharafuddin Ahmed, and Kazi Salimul Haque Kamal.
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Senior lawyers Joynul Abedin, Mahbub Uddin Khokon, M Badaruddin Badal, and Kaiser Kamal ,among others, represented Khaleda Zia during the hearing.
Barrister Mohammad Ruhul Quddus Kajal appeared on behalf of Khaleda and Sharafuddin Ahmed, while senior lawyer SM Shahjahan represented Kazi Salimul Haque Kamal.
Additional Attorney General Mohammad Arshadur Rauf and Aneekk R Haque represented the state while lawyer Asif Hasan represented the Anti-Corruption Commission (ACC).
Khaleda, also a former prime minister, filed the leave to appeal petitions with the Appellate Division on March 14, 2019 through his lawyer challenging the HC verdict.
Khaleda Zia was initially imprisoned on 8 February 2018, when a special court in Dhaka sentenced her to five years in prison for her involvement in the Zia Orphanage Trust graft incident.
Later, in response to an appeal by the Anti-Corruption Commission (ACC), the High Court on October 30 of the same year, raised her jail term to 10 years.
Appellate Division upholds HC's dismissal of 5 labour cases against Dr Yunus
The graft case
The Zia Orphanage Trust graft case was filed by the Anti-Corruption Commission in July 2008, accusing Khaleda of misappropriating over Tk2.10 crore that was received as grants for orphans via a foreign bank.
In August 2011, the ACC filed the Zia Charitable Trust graft case with Tejgaon Police Station accusing Khaleda and three others of raising funds for the trust from unknown sources and abusing power.
Amid the coronavirus outbreak, the government temporarily freed Khaleda Zia from jail through an executive order by suspending her sentence on 25 March 2020, with the condition that she would stay at her Gulshan house and not leave the country.
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Since then, her release term was extended every six months following the family's pleas.
On August 6 last year, Khaleda Zia was completely freed by an order of President Mohammed Shahabuddin.
The President passed the order under Article 49 of the Bangladesh Constitution, according to a gazette issued by the home ministry on August 6, last year.
3 weeks ago
SC sets Jan 23 for hearing ATM Azhar’s review petition
The Appellate Division on Thursday set January 23 for hearing a review petition submitted by death-row convict and Jamaat-e-Islami leader ATM Azharul Islam in connection with crimes against humanity during the 1971 Liberation War.
A five-member bench, led by Chief Justice Dr Syed Refaat Ahmed, fixed the date after senior lawyer Barrister Abdur Razzak, accompanied by others, submitted the review petition on behalf of the Jamaat leader.
Following his arrest, ATM Azhar faced nine charges of crimes against humanity.
According to the chargesheet, he was ‘responsible’ for killing 1,256 people, abducting 17, and raping 13 women during the Liberation War in the Rangpur region. Besides, he was said to have tortured civilians, set fire to hundreds of houses, and committed other atrocities.
The International Crimes Tribunal sentenced him to death on December 30, 2014, in five out of the nine charges.
Read: CJ opens ICT building to try July-Aug mass killings
On January 28, 2015, the death-row convict submitted a petition to the Appellate Division, claiming his innocence.
Later, on July 19, 2020, Azharul Islam filed the review petition with the relevant branch of the Appellate Division.
Following an appeal hearing, the Appellate Division, under a bench led by then-Chief Justice Syed Mahmud, upheld the death penalty in a verdict delivered on October 23, 2019.
Read more: ICT issues arrest warrants against Sheikh Hasina, 10 others
The full text of the Appellate Division’s verdict was released on March 15, 2020, after which ATM Azhar submitted the review petition.
1 month ago
Petition seeks stay on HC order declaring Joy Bangla as national slogan
A petition was filed with the Appellate Division on Monday seeking a stay on the High Court order for declaring ‘Joy Bangla’ as national slogan.
Additional Attorney General Barrister Anik R Haq said the state filed the petition against the High Court (HC).
He said the Appellate Division will hold a hearing on the petition on Sunday next.
In 2020, an HC bench of Justice FRM Nazmul Ahasan and Justice K.M. Kamrul Kader passed the order.
While issuing the order, the court had said Joy Bangla is the slogan the nation’s solidarity and favourite slogan of the Father of the Nation Bangabandhu Sheikh Mujibur Rahman.
Read: Writ petition seeks cancellation of power deals with Adani Group
2 months ago
Bangladesh’s top court stays HC order declaring Aug 15 as National Mourning Day
The Appellate Division on Sunday stayed a High Court (HC) order that declared August 15 as a national holiday in observance of National Mourning Day in 2008.
A six-member bench, headed by Chief Justice Syed Refaat Ahmed, passed the order after hearing an appeal submitted challenging the HC order, said Additional Attorney General Barrister Anik R Haq.
The state submitted the appeal against the HC order, he said.
In 1996, the then Awami League (AL) government declared August 15, the day of the assassination of Sheikh Mujibur Rahman and some of his family members, as a national mourning day and a public holiday.
Read: Observance of March 7, Aug 15, 6 other national days to be cancelled
However, the four-party alliance government, led by the BNP, scrapped the national mourning day and holiday in 2002.
In 2008, AL-backed three lawyers filed a writ petition with the HC, and the court declared the BNP-led government's decision invalid, restoring the observance of National Mourning Day and the public holiday.
The appeal was filed with the HC seeking a stay order on the observance of August 15 and the public holiday.
2 months ago
Jamaat’s registration: Appellate Division accepts petition to restore appeal
The Appellate Division of the Supreme Court has granted a petition to restore the appeal made against the verdict that declared the registration of Bangladesh Jamaat-e-Islami illegal.
The Appellate Division, led by Chief Justice Dr Syed Refaat Ahmed and consisting of four judges, issued this order on Tuesday.
Barrister Ehsan Abdullah Siddique and Advocate Mohammad Shishir Monir represented Jamaat in the court.
As a result of today's order, the appeal against the verdict that declared Jamaat-e-Islami's registration illegal will again be heard in the highest court.
After the order, lawyer Shishir Monir told journalists, “The Appellate Division had earlier dismissed the appeal during the hearing regarding the cancellation of Jamaat's registration because no lawyer was present on behalf of the party.
“However, as constitutional questions were involved in the case, the High Court had referred it directly to the Appellate Division. The petition was made to restore the appeal as its dismissal without a hearing was deemed inappropriate. Along with this, there was also a petition for delayed forgiveness. The Appellate Division granted our petition. Now, the appeal regarding the cancellation of Jamaat's registration will be heard again.”
After resolving a writ petition, the High Court issued a verdict on August 1, 2013, cancelling and declaring the registration of Jamaat-e-Islami illegal. Subsequently, on December 7, 2018, the Election Commission (EC) issued a notification cancelling the registration of Bangladesh Jamaat-e-Islami.
Later, Jamaat appealed against the High Court's verdict. However, since Jamaat's main lawyer was absent during the appeal hearing against the High Court's verdict, the Appellate Division, led by the then-Chief Justice Obaidul Hassan, issued a dismissal order on November 19 last year.
Consequently, the High Court's verdict declaring the registration of Bangladesh Jamaat-e-Islami illegal remained upheld. Nevertheless, the appeal that had been dismissed was restored for hearing after the fall of the Awami League government.
On September 2, the chamber court set the petition for hearing in the full bench of the Appellate Division on October 21. However, on October 22, the matter came up in the hearing schedule of the Division.
Will serve, not rule people if given opportunity: Jamaat Ameer
Meanwhile, during the ongoing anti-discrimination movement, on August 1, the then Awami League government declared a ban on Jamaat-e-Islami and Islami Chhatra Shibir. The Ministry of Home Affairs issued a notification banning Jamaat, Chhatra Shibir, and their other affiliated organisations under section 18(1) of the Anti-Terrorism Act. However, on August 28, the decision to ban Jamaat and Shibir was revoked through a notification.
3 months ago
Schools to remain open during Ramadan as Appellate Division stays HC order
The Appellate Division on Tuesday (March 12, 2024) stayed the High Court order on keeping the primary and secondary schools closed during the month of Ramadan.
A 5-member Appellate Division bench led by Chief Justice Obaidul Hassan passed the order hearing an appeal filed against the High Court order.
Attorney General AM Amin Uddin stood for the state while Advocate AKM Faiz stood for the writ petitioner.
Attorney General AM Amin Uddin told reporters that following the Appellate Division order there will be no bar on running schools during Ramadan.
Primary, secondary schools to remain closed during Ramadan: HC
On March 10, the HC stayed for two months the government’s decision to keep the primary and secondary schools open in the first 10 and 15 days of Ramadan respectively.
The HC bench of Justice KM Kamrul Kader and Justice Khizir Hayat passed the order following a petition seeking closure of school activities during Ramadan.
Advocate Mahmuda Khanam stood for the writ petitioner while deputy attorney general Sheikh Md Saifuzzaman represented the state.
On February 8, the government amended the holiday list for educational institutions keeping the regular activities of secondary schools open for 15 days during the month of Ramadan. The Education Ministry issued a notice in this regard.
In another notice, the Primary and Mass Education Ministry issued a notice to keep the activities of primary schools during the month of Ramadan for ten days.
Female student assaulted at JnU dormitory, journalist threatened
Advocate Md Ilias Ali Mandal, a guardian, filed a writ petition on February 25, challenging the two orders of the government.
Secretaries to the Primary and Mass Education Ministry, Education Ministry, deputy secretary of Primary and Mass Education Ministry and deputy secretary of Education Ministry, Director General of the Directorate of Primary Education Department, Director of Child Welfare Trust were made respondents.
10 months ago
Chamber Judge stays HC’s verdict sentencing five Agrani Bank officials for contempt of court
The Chamber Judge of the Appellate Division in the Supreme Court (SC) on Thursday stayed a High Court (HC) verdict that sentenced five top officials of the Agrani Bank including its Managing Director Murshedul Kabir to three months' imprisonment for disobeying a lower court order earlier.
Justice M Enayetur Rahim passed the order after hearing a petition in this regard.
Attorney General AM Amin Uddin stood for Agrani Bank in the court while counsels Md. Akhtaruzzaman, Momtaz Uddin Fakir, Shamim Khaled and Barrister Tanjibul Alam represented the bank officials.
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The defendants’ lawyers said the HC verdict will remain suspended until March 18 following Thursday’s verdict.
As a result, the officials will not have to surrender before the trial court within this period and police will not have jurisdiction to arrest them, they said.
On January 23 this year, the HC sentenced the five officials to three months' imprisonment for defying a court order by including Moon Group's name in the list of Credit Information Bureau (CIB) of Bangladesh Bank (BB).
The four other officials are its principal branch’s General Manager Md Fazlul Karim, on post-retirement leave (LPR) General Manager AKM Fazlul Haque, Deputy Manager-2 Shyamal Krishna Saha and Deputy Managing Director-1 Wahida Begum.
Advocate Nurul Amin who stood for the Moon Group said the HC sentenced the officials for contempt of court and ordered to confiscate their properties while details will be known when the full verdict is published.
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Later, a petition was submitted with the Chamber Judge Court on Wednesday against the HC verdict.
It was learned that on September 20, 2021, the principal branch of the bank sent a letter to the Moon Group to pay 25 percent of its dues in installments.
The letter reads if the group does not refund 25 percent of the loan by September 30, 2021, it will be listed as a defaulter and sent to the BB’s CIB.
Challenging the legality of the bank's letter, a decree was sought in the lower court. At the same time, a temporary ban was sought against the bank's letter on behalf of the group.
Being rejected by the lower court, the group submitted a miscellaneous appeal with the HC against this order while the HC issued status quo on the bank's letter and a rule as well.
Meanwhile, the bank sent the group to the BB’s CIB listing it as a defaulter for not paying 25 percent installments of the loan within the stipulated time.
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Later, the group submitted a violation case against the five with the HC in this regard.
After hearing the case, the court sentenced five officials to three months' civil imprisonment.
According to the case statement, the group owed Tk 539 crore to Agrani Bank till 2017.
1 year ago
SC upholds HC order for demolishing Gulshan Shopping Centre
The Appellate Division on Monday (January 22, 2024) upheld the High Court order that ordered demolition of the Gulshan Shopping Centre in Dhaka's Gulshan-1 within 30 days.
A five-member bench of the Appellate Division, led by Chief Justice Obaidul Hassan, passed the order following a petition filed by the owners challenging the HC order.
In July 2023, two companies namely Bani Chitra and Films filed a writ seeking the HC directive to demolish Gulshan Shopping Centre citing safety concerns.
HC issues rule on inaction of the authorities to control fireworks and lanterns
Following the writ, on Dec 13, the HC bench of Justice Mustafa Zaman Islam and Justice Md Ataullah ordered the demolition of the center within a month.
Dhaka North City Corporation (DNCC), Rajuk and others were asked to implement this directive.
On July 13, 2023, Dhaka North City Corporation (DNCC) in a mobile court drive sealed off the shopping centre as it was found risky.
HC orders Dhaka court to hear bail pleas of Mirza Abbas, Annie
Regional Executive Officer and Executive Magistrate Zulkar Nayan and Executive Magistrate Md Mahbub Hasan conducted the mobile court.
In 2021, the Department of Fire Service and Civil Defence declared the market risky and abandoned due to the dilapidated building and lack of fire fighting system and sent a letter to the DNCC to take legal action regarding the issue on an urgent basis.
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Zulkar Nayan, regional executive officer and executive magistrate of Zone-3, said, "The shop owners were instructed repeatedly to vacate the building to prevent any kind of humanitarian disaster as the Gulshan-1 shopping centre is risky, but they did not vacate it."
1 year ago
Petition dismissed, Appellate Division orders to continue labour law violation case against Dr Yunus, 3 others
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.
1 year ago