HC
HC issues contempt of court rule against the CEC
The High Court has issued a contempt of court rule against Election Commissioner Kazi Habibul Awal for failure to register Ganasanghati Andolan as a political party despite its earlier order.
The HC bench of Justice Mamnoon Rahman and Justice Khandaker Diliruzzaman passed the order on Thursday following a petition by Gonosonhoti Andolon chief coordinator Zonayed Saki.
The HC also issued a rule to the government to explain as to why directives should not be given to take punitive action against CEC.
Also read: Junaid Saki files contempt of court case against CEC
Barrister Jyotirmoy Barua stood for Zunaid.
On April 11, 2019, the HC passed an order to provide registration to Ganasanghati Andolan as a political party.
But the Election Commission is yet to comply with the court order.
On December 28, 2017, Ganasanghati Andolan filed a petition seeking registration for the party.
“Despite having a clear order in this regard, the authorities concerned did not take any initiative yet,” said Jyotirmoy.
Also read: President appoints former defence secretary Kazi Habibul Awal as the new CEC
Zonayed filed a petition on February 10, seeking punitive action against the CEC.
HC issues rule on shortened syllabi for medical, dental entrance exams
The High Court has issued a rule asking why the admission test for medical and dental courses in public universities/institutions for the 2021-22 academic year should not be based on an abbreviated syllabus.
At the same time, the High Court has directed the Ministry and Department concerned to dispose of the application of students within three days to take the admission test pn a shortened syllabus.
A bench of Justices Mamnoon Rahman and Khandaker Diliruzzaman passed the order Tuesday after hearing the writ petition filed by a student's guardian.
READ: HC to hear writ seeking directions to rein in edible oil prices Monday
The student, Sufia Khatun Hasi, passed her HSC examination from Tulsipur College, Jamalpur in the academic year 2020-2021.
On 28 February, she wrote an application to the Ministry of Health and the Department of Health Education where she requested a shortened syllabus in coordination with the HSC exam board. Sufia's father Shakhawat Hossain filed a writ petition in the High Court.
Lawyer Bibhuti was in favor of the writ petition in the court.
On February 24, the Department of Health Education published the notification of the medical admission test for 2021-22 academic year.
According to the notification, the application for medical admission will start from 10 am on February 26 and the admission test will be held simultaneously across the country from 10 am to 11 am on April 1.
The admission test will be held on the full syllabus, it added.
READ: Drug case against Pori Moni: HC stays trial proceedings for 3 months
Merit list will be prepared by deducting 5 marks from the total marks for HSC pass candidates as in the previous year and 7.5 marks from the total marks for the students admitted in the previous year's Government Medical, Dental College Dental Unit.
HC to hear writ seeking directions to rein in edible oil prices Monday
The High Court has fixed Monday to hear a writ petition seeking directions to control the price of loose and bottled soybean oil in the market.
A division bench of Justice Farah Mahbub and SM Moniruzzaman passed the order following the writ's presentation at the court by petitioner’s lawyer advocate Syed Mohidul Kabir.
The petition also challenged the government's inactivity to control the price hike of soybean oil.
Also read: Commerce ministry seeks BTTC report before raising edible oil price
The directions sought include forming a monitoring cell and proper guidelines for keeping the edible oil prices under control was sought in the petition.
Three Supreme Court lawyers, advocate Monir Hossain, advocate Syed Mohidul Kabir and advocate Mohammad Ullah were the petitioners of the writ.
Commerce secretary, Consumer Rights Protection authority and other concerned were made respondents in the writ petition.
On March 3, the three lawyers brought the court’s attention to the matter by presenting a news report on a dishonest group of traders hiking edible oil prices in Bangladesh taking the opportunity of the Russia-Ukraine war.
Also read: Edible oil price increased in line with manufacturers' proposal
They said, on March 2, consumers had to buy loose soybean oil at Tk 175 per litre while the government has fixed the price at Tk 143.
On the court’s suggestion, the lawyers submitted a petition following the proper procedures in this regard.
HC to hear opinion of amici curiae on Hindu inheritance law
The High Court on Sunday sought to hear opinions of amici curiae (friends of the court) on the provision of a law barring Hindu women from inheriting paternal property.
The bench of Justice Mamnoon Rahman and Khandaker Diliruzzaman passed the order during a hearing on a writ petition filed in this regard.
The amici curiae of the court are Attorney General AM Amin Uddin, senior advocate Prabir Niyogi, senior advocate Subrata Chowdhury and senior advocate Md Kamrul Haque Siddiqui.
Apart from them, the court will also hear the opinions of lawyer Tapan Chakraborty, who conducts civil cases on inheritance of followers of Sanatan religion and journalist Pulak Ghatak, general secretary of Bangladesh Hindu Law Reform Committee.
The court also made five human rights organisations complementary petitioners for the writ to hear their opinion in this regard.
Also read: ACC official Sharif’s termination: Writ petition filed seeking probe
The organisations are- Bangladesh Legal Aid and Services Trust (BLAST), Ain o Salish Kendra (ASK), Manusher Jonno Foundation, Bangladesh Mahila Parishad and Naripokkho.
As there are constitutional questions involved with the writ, HC sent the documents to the Chief Justice requesting to form a larger bench to hear it.
The larger bench will hear the opinions of amici curiae and the five organisations, said barrister Khayrul Alam Chowdhury, lawyer presenting the petitioner’s side.
On February, 13, Ananya Das Gupta, daughter of late Ashok Das Gupta filed the writ petition at the High Court challenging the legality of the provision on Sanatan Hindu religion follower women not receiving any share of inherited assets from father.
Also read: Sishu Bokta Rafiqul, another indicted in DSA case
On February 14, the court issued a rule in this regard.
Eight respondents including the Cabinet Division secretary, Law, Justice and Parliamentary Affairs secretary, Religious Affairs secretary and Hindu Religious Welfare Trust were asked to reply to the rule within a week.
HC allows Evaly’s Rassel, Shamima to transfer 50 % of their shares to relatives
The High Court on Thursday granted permission to former Evaly CEO Md Rassel and its chairman Shamima Nasrin , also his wife, to transfer half of their shares in the troubled company to three of their relatives.
HC bench of Justice Muhammad Khurshid Alam Sarkar passed the order amending the previous order putting bar on asset transfer during a hearing on a petition filed by those three relatives in this regard.
The three relatives are Rassel’s father-in-law, mother-in-law and brother-in-law.
However, three of them will not be allowed to transfer the shares without the High Court’s permission, said the court in its order.
Also read: Evaly’s 7 cars sold auctioned at Tk 2.90 crore to pay customers
They will be liable to the new Board of Directors of the company formed by HC regarding the shares.
The court directed the Inspector General of Prisons to assist in the transfer process as it will be conducted when both Rassel and Shamima remain behind bars.
The court also asked Evaly office building owner Sheikh Salhuddin to appear before court on February 24.
Otherwise, the court directed police to arrest him and produce before court.
Lawyer Shamim Ahmed Mehedi appeared for Rassel and Shamima’s relatives in the court while lawyer Syed Mahsib Khan, presented the writ petitioner’s side and Taposh Kanti Bal appeared for the Ministry of Commerce.
Lawyer Syed Mahsib said the relatives of the former executives of Evaly appeared before court and said they are working to reform the company.
The court passed the directions after they said they want to take steps to return the products and money to the affected consumers of Evaly and assist the Board in this regard, he said.
Also read: HC moves to confiscate bank accounts of Evaly bosses and relatives
On last September 22, the High Court ordered a ban on the sale and transfer of movable and immovable property after an application submitted by an affected customer seeking dissolution of the company and direction on forming a board of directors for the company.
On October 18, the High Court formed a 5-member board, led by former justice Shamsuddin Chowdhury Manik, to manage, control and assess the liabilities of shuttered e-commerce platform Evaly.
Other members of the board are former secretary Mohammad Rezaul Ahsan and additional secretary Mahbub Kabir Milon, chartered accountant Fakhruddin Ahmed and lawyer Barrister Khan Mohammad Shamim Aziz.
HC moves to confiscate bank accounts of Evaly bosses and relatives
The High Court on Monday asked Evaly’s jailed executives Mohammad Rassel, his wife Shamima Nasrin and their close relatives to explain why their bank accounts won’t be confiscated.
The couple, their siblings, parents, parents-in-law and daughter have two weeks to defend them, according to the court’s order.
The HC bench of Justice Muhammad Khurshid Alam Sarkar passed the order during a hearing on an appeal from the new board of embattled e-commerce company Evaly.
The court also assigned a Deputy Registrar of the Supreme Court to auction some cars owned by the company on February 10. The Dhaka Metropolitan Police commissioner and the Rapid Action Battalion director general have been asked to provide security during the auction.
Lawyer Morshed Ahmed Khan appeared for the new Board of Directors while lawyer Syed Mahsib Khan presented the writ petitioner’s side.
Lawyer Morshed said the court has also asked Nijhum Majumdar who claimed to be legal coordinator of Evaly in different YouTube videos he published, to appear before court within two weeks.
Read: Nipun moves Supreme Court against HC stay on Zayed's disqualification
Otherwise, the court will order his arrest, the lawyer said.
On last September 22, the High Court ordered a ban on the sale and transfer of movable and immovable property after an application submitted by an affected customer seeking dissolution of the company and direction on forming a board of directors for the company.
On October 18, the High Court formed a 5-member board, led by former justice Shamsuddin Chowdhury Manik, to manage, control and assess the liabilities of shuttered e-commerce platform Evaly.
Other members of the board are former secretary Mohammad Rezaul Ahsan and additional secretary Mahbub Kabir Milon, chartered accountant Fakhruddin Ahmed and lawyer Barrister Khan Mohammad Shamim Aziz.
HC: Grameen Telecom Workers’ union seeks liquidation of the company
The workers’ union of Grameen Telecom, a company owned by Nobel Laureate Dr Muhammad Yunus , filed a petition to the High Court on Monday seeking its liquidation.
Mahmud Hasan Feroz, secretary of the ‘Grameen Telecom union of workers and employees’ filed the petition on behalf of the members.
HC bench of Justice Muhammad Khurshid Alam Sarkar set April 3 to pass an order in this regard during hearing the petition, said Advocate M Yusuf Ali, petitioner’s lawyer.
Lawyer Yusuf said, according to labour law workers are supposed to get 5 per cent of the organisation’s profit and Grameen Telecom owes more than 2.5 billion to its workers now.
But the company has not paid it and appointed a lobbyist to avoid it forcing the workers to seek liquidation of the company, he said.
Also read: HC stays labour law violation case against Dr Yunus for 6 months
The petition also appealed to the High Court to appoint a liquidator for the company, he added.
A section of workers has long been agitating against lay-offs from Grameen Telecom.
In a notice signed by the company’s Managing Director Mohammad Ashraful Hasan a total of 99 workers were laid off at once without any prior conversation with the workers and employee’s union.
The High Court summoned Dr Yunus in this regard after 28 of the discharged workers filed a petition against that notice.
On April 4, 2021, the court directed the company to reappoint those workers.
On September 12, last year, Labour Inspector Arifuzzaman of the Department of Inspection for Factories and Establishments filed a case with Dhaka third labour court against Dr Yunus and three others for violating labour laws.
Also read: BFIU seeks Dr. Yunus’ bank account details
Other accused in the case are Ashraful Hasan, Managing Director of Grameen Telecom, it's director Nurzahan Begum and Shahjahan.
According to the case complaint, 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 was formed for them and five per cent of the company’s profit was not provided to the workers following the law.
Upon the complaint a criminal case was filed under section 4,7,8, 117, 234 of the Labour Act.
On October 12, the labour court granted bail to the all four accused.
Later on December 7, Dr Yunus filed a petition with the High Court seeking dropping of the case.
HC stays decision cancelling Zayed Khan's candidacy
The High Court on Monday stayed the decision of the Appellate Board revoking the candidacy of Zayed Khan in the Bangladesh Film Artistes’ Association election.
The HC bench of Justice Mamnoon Rahman and Khandaker Diliruzzaman passed the order following a writ petition filed by Zayed Khan challenging the validity of the decision of the Election Appellate Board.
The court also issued a rule asking the authorities concerned to explain why the decision to cancel his candidacy should not be announced illegal.
Besides, the court asked Zayed Khan to continue his activities as general secretary,said advocate Ahsanul Karim.
Advocate Yusuf Hossain Humayun, Advocate Ahsanul Karim and Advocate Nahid Sultana Zuthi stood for Zayed Khan and Barrister Rokon Uddin Mahmud was present on behalf of actress Nipun while Deputy Attorney General Bipul Bagmar represented the state.
Read: Zayed Khan loses gen secy post, Nipun back
The court also fixed February 15 for the rule hearing.
Earlier on Saturday, the Election Appellate Board decided to remove Zayed from the post of general secretary of the association over the allegations that he had resorted to irregularities in the association’s recent election.
Sohanur Rahman Sohan, chairman of the Appellate Board, announced the decision at the FDC on Saturday evening.
Earlier, the election of the artistes’ association was held on January 28.
Zayed was declared winner in the general secretary post defeating Nipun in a close contest. It was his third consecutive win.
HC grants anticipatory bail to Prof Karzon in DSA case
The High Court on Thursday granted anticipatory bail to Dhaka University professor Sheikh Hafizur Rahman Karzon for eight weeks in a case filed under the Digital Security Act.
A division bench of justices Jahangir Hossain Selim and Md Atoar Rahman passed the order while hearing his bail plea during a virtual hearing and also asked the law professor to surrender before the tribunal hearing the case by this period.
Barrister Omar Farooq appeared for the professor in the court while Deputy Attorney General Sarwar Hossain Bappi represented the state.
Also read: Remove Riaz's father-in-law's 'suicide' video from social media: HC
On July 22 last year, Prof Karzon wrote a post on Facebook that stoked a major controversy, forcing him to subsequently remove the same. He had also apologised for "hurting the religious sentiments of people".
However, on August 1, Amit Bhowmik, the general secretary of the central committee of the Bangladesh Hindu Juba Parishad, filed a case against Prof Karzon under the Digital Security Act alleging that his post had hurt the religious sentiments of people.
Also read:Court accept charges against 'Shishu Bokta' Rafiqul in DSA case
HC directs to shut illegal brick kilns in Dinajpur, Moulvibazar
The High Court on Monday directed to shut down all the brick kilns operating without any license across Dinajpur and Moulvibazar district within seven days.
The court also directed the Deputy Commissioners of the districts and director of the Environment Department to submit a list of these illegal kilns within the next six weeks in affidavit format.
The bench of Justice JBM Hasan and Fatema Najib passed the order during a hearing on the writ filed by Human Rights and Peace for Bangladesh (HRPB).
READ: HC orders Bagerhat municipal mayor to surrender
The court asked to be informed of the development in this regard within two weeks and issued a rule as to why respondents' inactivity to shut these brick kilns will not be declared illegal.
Lawyer Monjil Morshed presented the petitioner’s side assisted by advocate Sanjay Mandal while Deputy Attorney General Tushar Kanti Roy appeared for the state.
Advocate Monjil Morshed said according to Brick Manufacturing and Brick Kiln Establishment (Control) (Amendment) Act, 2019, no brick kiln without a license can operate in the country and its owners will be punished for two years in jail for doing so.
READ: Ex-OC Pradeep appeals to HC challenging indictment order in graft case
But the administration did not take any action against the illegal kilns that are operating across Dinajpur and Moulvibazar which are harming the environment and creating health risks, he said.
Following the reports published in different media, HRPB filed the writ petition in public interest, he said.