Appellate Division
BFAA election: Appellate Division orders HC to settle Nipun-Zayed dispute
The Appellate Division on Monday stayed the High Court order on the General Secretary post of Bangladesh Film Artistes Association and upheld the decision of the Chamber court for maintaining status-quo over holding the post.
A six-member Appellate Division bench headed by Chief Justice Hasan Foez Siddique passed the order and directed the High Court to settle the issue.
Read: Nipun moves Supreme Court against HC stay on Zayed's disqualification
Barrister Rokon Uddin Mahmud and Barrister Mostafizur Rahman Khan appeared for actress Nipun Akter in the court while Advocate Yusuf Hossain Humayun, Advocate Ahsanul Karim and Advocate Nahid Sultana Juthi for actor Zayed Khan.
On February 9, the Appellate Division of the Supreme Court said neither actor Zayed Khan nor his rival actress Nipun Akter can hold the office of the general secretary of Bangladesh Film Artistes’ Association until a full-bench hearing on the controversy is held.
Responding to an appeal by Nipun Chamber Judge of the Appellate Division Justice Obaidul Hassan passed the order.
On February 8, actress Nipun Akter moved the Supreme Court against the High Court’s stay on the cancellation of actor Zayed Khan's candidacy in the election over vote-buying allegations.
On February 7, a division bench of High Court justices Mamnoon Rahman and Khandaker Diliruzzaman stayed the decision of the Election Appellate Board revoking the candidacy of Zayed.
The order was passed following a writ petition filed by Zayed challenging the validity of the decision of the Board.
Besides, the High Court had asked Zayed to continue with his activities as the general secretary, according to advocate Ahsanul Karim.
The High Court had also issued a rule, asking the authorities concerned to explain by February 15 why the decision to cancel the actor's candidacy should not be declared illegal.
Read:Film Artistes Association: New committee led by Kanchan-Nipun takes oath
On February 5, the Election Appellate Board decided to remove Zayed from the post of general secretary of the association over allegations that he had resorted to impropriety in the recent election.
Sohanur Rahman Sohan, chairman of the Board, announced the decision on Saturday evening. A day later, the newly elected committee of the Bangladesh Film Artistes' Association led by Ilias Kanchan and Nipun Akter took the oath of office.
The association election was held on January 28.
Zayed was declared the winner for the general secretary post, after he defeated Nipun in a close contest. It was his third consecutive win.
Justice Nazmul Ahasan dies of Covid
Newly appointed justice of the appellate division of the Supreme Court FRM Nazmul Ahasan died of Covid on Friday before he could take his oath.
The former High Court Division judge breathed his last at 6.15am at Bangabandhu Sheikh Mujib Medical College University (BSMMU), said Muhammad Saifur Rahman, spokesperson for the Supreme Court.
Justice Nazmul had recently tested positive for Covid and got admitted to BSMMU, he said. His first namaz-e-janaza was held on the Supreme Court premises at 11am, said Saifur.
Also read: Mother of BCB Director AJM Nasiruddin passes away
On January 8, President Abdul Hamid appointed Justice Nazmul to the appellate division.
On January 9, other justices, appointed along with FRM Nazmul Ahasan, were administered the oath of office by Chief Justice Hasan Foez Siddique.
At the reception ceremony, Chief Justice had, however, said that Justice Nazmul would take his oath after recovery.
Also read: TH Khan passes away
The Chief Justice expressed "deep shock and sorrow" at the demise of Justice Nazmul and conveyed his condolences to the judge's family.
2 kids to stay with Japanese mother till Feb 6: SC
The Appellate Division on Monday ordered that the two children of Bangladesh-born US citizen Imran Sharif and Japanese mother Nakano Erico will stay with their mother till February 6.
A five-member full bench of the Appellate Division, headed by Justice Md Nuruzzaman passed the order following a petition.
The two girls will remain at a hotel in Baridhara and their father, Imran Sharif, can visit his daughters between 9am and 9pm every day during this period.
The court also fixed February 6 for the next hearing.
Barrister Ajmalul Hossain and Advocate Ahsanul Karim stood for Erico while Advocate Fida M Kamal and Advocate Fouzia Karim for Imran.
On January 3, the Appellate Division ruled that the two children of Imran and Erico will stay with their mother till January 23.
READ: SC: 2 Japan-born girls to stay with Japanese mother for 2 days
On November 21,2021 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 a 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.
On December 5, Erico filed a petition with the Appellate Division challenging the High Court order.
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 from 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.
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.
SC upholds top fugitive militant Salehin’s death penalty
The Supreme Court on Tuesday upheld the death penalty of Salauddin Salehin, a dreaded militant from the banned JMB, who was convicted in the 2004 killing of Goni Gomez of Jamalpur.
A five-member bench of the Appellate Division, led by Chief Justice Syed Mahmud Hossain passed the order after hearing a petition.
Read: BTRC must inform HC of steps taken to improve telco and IT services for consumers
Salehin has been a fugitive since 2015 when his militant abducted him from a prison van carrying him to Mymensingh jail after a gun attack in Trishal upazila.
The court did not consider the appeal of Rakib, another death-row convict in the case, as he already died.
Deputy Attorney General Biswajit Debnath represented the state.
In 2006, Dhaka Speedy Trial Tribunal sentenced Salehin and Rakib to death in the case and later the High Court (HC) upheld sentence rejecting their appeal.
Rejected by the HC the two appealed the death sentence before the Supreme Court.
Read: HC summons judge’s explanation on granting bail to Regency hotel directors
Additional Attorney General Mehedi Hasan Chowdhury said Goni Gomez, owner of a pharmacy, who had converted to Christian from Muslim, was killed by the JMB men.
Rakib, another accused in the case, was killed in a gunfight with police in 2015.
16th Amendment: Hearing on review petition soon
Law Minister Anisul Huq on Tuesday said the hearing on the review petition against the verdict of the High Court on 16th amendment to the Constitution will start very soon.
He said this while speaking in Parliament on the issue of a proposal to send the Leader and Deputy Leader of the Opposition (Remuneration and Privileges) Bill, 2021 to scrutiny committee.
Read: Public Debt Bill lands in Parliament
He said the case is now pending in the Appellate Division as the government sought the review on the ground of ‘error apparent on the face of the record’.
“There is enough merit to review this case,” he said.
The minister said the government has already requested the Appellate Division to review the case.
“The Appellate Division informed us they will hear the case very soon,” he said.
Casino crackdown: Appellate Division stays Joy Gopal’s bail order
The Appellate Division has stayed for six weeks the bail granted by the High Court to Dhaka Wanderers Club general secretary Joy Gopal Sarker.
Bench of chamber Judge Obaidul Hassan passed the order Monday during a hearing of a petition filed by the state side.
The court has suspended the bail order in four cases to Joy Gopal who was arrested during the drive against casinos in 2019, said Deputy Attorney General AKM Amin Uddin Manik
Attorney General AM Amin Uddin, Additional Deputy Attorney General Sheikh Mohammad Morshed along with Deputy Attorney General AKM Amin Uddin Manik presented the state side during the hearing. Meanwhile, senior advocate Mohammad Yousuf Hossain Humayun represented the defendant’s side.
READ: Casino crackdown: Enamul, Rupon indicted for money laundering
On August 19, High Court Bench of Justice Md Najrul Islam Talukdar and SM Mojibur Rahman granted the bail to the accused.
On July 14, 2019 Joy Gopal was arrested during a drive against casinos.
He was shown arrested in four separate cases filed with Gendaria, Sutrapur and Wari police stations later.
On July 22, 2020, Criminal Investigation Department (CID) submitted the charge sheet of these cases.
According to the charge sheet, after his retirement as a footballer of the Wanderer’s Club, Joy Gopal became a member of the board of directors and later the cashier.
In 2014, he joined hands with AL leaders Enu, Rupom and became the general secretary of the club, getting involved in directing the casino club, said the charge sheet.
READ: Crackdown on casino: Enamul, Rupon put on four-day remand
On September 18, 2019, a Rab-3 team conducted a drive at a casino inside Dhaka Wanderer’s Club where illegal drugs, fake currency, huge money and gambling materials were seized.
It’s settled: Life term means 30 yrs imprisonment
Life imprisonment in Bangladesh means a convict will remain behind bars for 30 years unless specifically mentioned in the verdict that the person is sentenced to imprisonment until natural death.
The 120-page full verdict of the Appellate Division of the Supreme Court of Bangladesh on the matter was published on its website on Thursday.
Also read: Six get life term over killing Rajshahi man
“Imprisonment for life is equivalent to imprisonment for 30 years if sections 45 and 53 are read together along with sections 55 and 57 of the Penal Code and 35A of the Code of Criminal Procedure,” it read.
However, the convict will not be entitled to get the benefit of section 35A of the Code of Criminal Procedure, if awarded life imprisonment by the International Crimes Tribunal under International Crimes Tribunals Act, 1973.
Also read: Life term means 30 yrs imprisonment: Appellate Division
A seven-member bench, led by Chief Justice Syed Mahmud Hossain, passed a short verdict on December 1 last year over the matter following a review petition filed by a convict, Ataur Mridha.
Attorney General AM Amin Uddin stood for the state while Advocate Khandakar Mahbub Hossain represented the petitioner.
Appellate Division proceedings to continue virtually during lockdown; regular judicial work to be curtailed
During the nationwide strict lockdown from Thursday, regular court proceedings across the country including the Supreme Court will remain closed.
However, for emergency cases the chamber judge of the Appellate Division, three single benches of the High Court division and a magistrate each in the chief judicial magistrate court in each district and the chief metropolitan magistrate court in the metropolitan area would be available to serve until further orders.
The Appellate Division will also conduct proceedings remotely from home on two days during the initial 7-day lockdown.
The court officials and employees were instructed not to leave the workstation during this time.
Signed by Registrar General of the Supreme Court Md. Ali Akbar, separate notifications to this effect were issued Wednesday.
Also read: Govt outlines restriction rules ahead of ‘tough’ lockdown
The Appellate Division to go virtual
Amid the lockdown, the judges of the Appellate Division have decided to keep the virtual court open on July 6 and 7, from their respective homes.
For this, the concerned lawyers were asked to keep the case documents in their respective homes. They were told to stay at home to hear the case. For this, two officers of the Appellate Division were also instructed to join the court virtually from home.
However, the lawyers were asked to contact the Registrar General of the Supreme Court, the Registrar of the Appellate Division and the High Court Division and the Special Officer of the Supreme Court regarding any hearing in the chamber court.
Three HC benches to conduct
Although the normal trial was suspended due to the lockdown, the High Court Division would hear emergency cases virtually from July 1 until further orders.
Three benches of Justic Enayetur Rahim, Justice J. B. M. Hassan and Justice Muhammad Khurshid Alam Sarkar would conduct according to jurisdiction.
Also read: Violation of lockdown rules to invite legal action, warns DMP
Magistrate court open
Although the normal judicial work would remain closed in all the courts, due to a constitutional obligation there will be a magistrate for the Chief Judicial Magistrate in each district and the Chief Metropolitan Magistrate in the metropolitan areas.
However, Dhaka, Chattogram and Rajshahi divisions, being the busiest, were instructed to have one or more magistrates.
The notification instructed the judges and court officials not to leave their workstations.
At the same time, lawyers and litigants were asked not to come to the court premises during the lockdown.
Child to appeared directly in court
Due to a constitutional obligation a child involved in a conflict could be presented before a magistrate physically at the court.
Rape case against 4 children: suspension order of 7 police stayed
Chamber judge of the Appellate Division on Sunday stayed the High Court’s order of suspending 7 police members for four weeks over a rape case filed against four children in Bakerjganj police station in Barishal.
Chamber judge Obaydul Hasan’s bench passed the order and scheduled the next hearing on the matter with a full bench of Appellate Division on August 1.
Read: 4th grader killed ‘after rape’ in Rajshahi
Advocate Momtaj Uddin Fakir represented the state. The other side was presented by Barrister Md. Abdul Halim with assistance of Advocate Jamiul Haque and Barrister Sharmin Akter Shiuli.
On June 13, The High Court during a hearing on the matter canceled the rape case against those four children and issued a seven point direction, which included an order to temporarily suspend seven police members and social service officers involved, as well as departmental measures against them.
The court also ordered to withdraw Barishal’s senior judicial magistrate Md Enayet Ullah’s criminal judicial power, and instead to bestow him with the responsibility of civil court for sending the children to Jessore Child Development Center.
Read:Woman kidnapped from Dhaka kitchen market, raped by 3
The direction of the HC declared the arrest of the children and keeping them in police custody illegal and ordered a guideline be circulated for the police following the Children Act 2013.
Later a petition for staying the order was submitted with the chamber judge’s court of the Appellate Division.
On October 6 , 2020 police arrested four children after a case was filed against them for raping a 6-year old the same day.
On October 7, magistrate Enayet Ulaah’s court ordered police to send the children to Jessore child development center.
Read:31-yr-old raped by three in Sylhet
On October 8, High Court bench of justice Md Mojibur Rahman Mia and Mohi Uddin Shamim ordered the Barishal court to grant bail to the four children and send them to their respective homes during a virtual hearing, following which the Barishal court granted bail to the four accused children.
On October 11, the same HC bench passed stay order on the rape case and issued a rule on this matter.