HC
HC asks 2 lower court judges to explain further on Pori Moni’s multiple remands
The High Court on Wednesday asked for further explanation from two lower court judges by October 24 on why they remanded actress Pori Moni to police on multiple times in a narcotics case.
The HC bench of Justices Mustafa Zaman Islam and KM Zahid Sarwar passed the order as the court found the earlier explanations offered by the two judges unsatisfactory.
The court also fixed October 24 for next hearing in the case.
The two metropolitan magistrates in question are Debabrata Biswas and Atiqul Islam.
Besides, the HC asked the investigating officer of the case Kazi Golam Mostafa to submit his explanation in the case.
On September 2, the High Court asked the two lower court judges to explain why they had accepted the police prayer to remand actress Pori Moni for the second and the third time in the narcotics case.
Read: Pori Moni's remand: HC 'not satisfied' with explanation of lower court judges
The court had also summoned the investigating officer to appear before the bench on September 15 along with relevant documents to explain why he repeatedly sought remand for the actress.
The bench said it would also summon the metropolitan magistrates who had granted the prayers for taking Pori Moni in remand for second and third times, if their written explanation was not satisfactory.
Besides, the HC said there was potential for abuse of power in the remand of the actress.
Ain-o-Salish Kendra lawyer ZI Khan Panna told the HC during the hearing that its guidelines and directives were all thrown out of the window in the manner by which the actress was placed on remand in three phases.
Pori Moni was arrested on August 4 following a raid by Rab on her Banani residence. A case was filed against her under the Narcotics Control Act the following day.
Following the High Court's intervention, a Dhaka court finally granted bail to the actress on September 1 and she walked out of jail the following day.
Read: Pori Moni resumes work on her incomplete, upcoming characters
On August 22, Pori Moni was sent to jail after inspector of the Criminal Investigation Department (CID) Kazi Golam Mostafa produced her in a court on the completion of a one-day remand, her third.
Judge Emrul Kayesh set September 13 for hearing her bail petition in the case. However, the actress subsequently moved the High Court, challenging the validity of the lower court's decision.
The HC on August 26 issued a rule, seeking explanation as to why a lower court order fixing September 13 for hearing the bail petition of Pori Moni in a case under the Narcotics Control Act should not be cancelled. It had also asked why the bail application would not be heard within two days.
HC stays BFUJ election after complaint by an aggrieved member
The High Court on Tuesday ordered a two-month stay on the election of Bangladesh Federal union of Journalist (BFUJ) which was scheduled to be held on October 23.
The HC bench of Justice Md Mozibur Rahman Miah and Justice Md Kamrul Hossain Mollah passed the order following a writ petition by a journalist whose name was dropped from the voter list of the election.
Petitioner Mohammad Hasan Ferdous, former general secretary of Chattogram Journalist Union, sought the stay until his name is included as a voter.
The HC also issued a rule asking the authorities concerned to explain as to why Hasan should not be included in the voter list.
Barister Satirtho Pal and Advocate Nurul Karim stood for the petitioner while assistant attorney general Ashique Rubayet represented the state.
On September 25, BFUJ published the names of candidates in different posts for the election.
BFUJ election commission has published a final list of 33 valid candidates out of 34 nominations filed for the vote.
According to BFUJ about 4,000 members have been declared eligible to vote in the election.
Senior Journalist Shahjahan Sardar will conduct the polls as the Chief Election Commissioner.
Munia rape and murder case: Bashundhara MD seeks anticipatory bail
Bashundhara Group Managing Director Sayem Sobhan Anvir submitted a petition to the High Court on Thursday seeking anticipatory bail in a case over the rape and murder of college student Mosarat Jahan Munia in April this year.
HC bench of Justice Msotafa Zaman Islam and KM Zahid Sarwar will hear the bail petition on September 29.
On April 26, police recovered the hanging body of Munia from her flat in Gulshan. Munia's elder sister Nusrat Jahan Tania filed a case against Anvir that night accusing him of incitement to suicide.
According to Tania, her sister Munia was in a relationship with Anvir who regularly visited her at the Gulshan apartment.
Also read: Munia's death: Bashundhara MD among 8 sued over ‘rape, murder’
On July 19, the investigating officer of the case, Gulshan Police Station officer-in-charge Abul Hasan, submitted a final report to the court giving a clean chit to Anvir.
On September 6, Munia's sister Nusrat Jahan Tania filed a rape and murder case against Bashundhara Group MD and seven others with Dhaka's 8th Tribunal for Prevention of Women and Children's Repression.
The court after recording the complaint, directed the Police Bureau of Investigation (PBI) to submit a report on it.
Also read: Munia's death: Court accepts IO's final report clearing Bashundhara Group MD
The seven other accused in the case are: Bashundhara Group's Chairman Ahmed Akbar Sobhan Shah Alam, Shah Alam's wife Afroza Begum; Anvir's wife Sabrina Sayem; Faria Mahbub Piyasha; Saifa Rahman Mim; landlord of the flat where the victim was staying, Ibrahim Ahmed Ripon and his wife Sharmim Akhter.
Fill 29 vacant doctors’ posts in prisons soon: HC
The High Court on Tuesday directed the authorities concerned to speed up recruitment to fill 29 vacant posts of doctors in prisons across the country.
A HC bench of Justice M Enayetur Rahim and Mustafizur Rahman passed the order during a hearing.
Petitioner lawyer advocate JR Khan Robin said 112 doctors have been recruited against the demand of 141 in the prisons across the country and the court directed the jail authorities verbally to appoint doctors in the vacant posts soon as possible.
READ: HC orders investigation on assets and bank accounts of Rajarbagh Pir
In 2019, advocate JR Khan Robin filed a petition in the form of public interest litigation attaching news reports on the crisis of doctors in 68 jails across the country.
On June 23, 2019, the High Court issued a rule questioning why the failure to ensure the accommodation and health services for the jail inmates will not be announced illegal and directed the authority to submit a report in this regard.
The jail authorities then submitted report saying that there are 24 doctors in different prisons in the country and sought necessary directive to appoint 117 more doctors in prisons.
READ: HC grants anticipatory bail to 11 lawyers in a DSA case
Following the report, the court on January 20, 2020 directed the Director General of the Directorate General of Health Services to appoint the 117 doctors in prison without any delay.
On January 17, the jail authorities in a report informed the court about 29 vacant posts of doctors in country’s prisons.
HC sought report on facilities for inmates in jail
The High Court on Monday sought a report on the kind of facilities provided to the convicted inmates incarcerated in condemned and other cells in jails across the country.
The court directed Attorney General AM Amin Uddin to submit the report obtaining information from the concerned jail authorities.
The bench of Justice M Enayetur Rahim and Mostafizur Rahman sought the information during a hearing on the writ petition filed challenging the legality of keeping death penalty convicts in condemn cells.
The court adjourned the hearing on the petition till October 31.
Lawyer of the petitioner Mohammad Shishir Monir said the number of death penalty orders at the lower courts has increased along with the number of crimes.
As the death reference cases do not get dismissed in time a defendant has to spend ages in a condemned cell, he said.
The attorney general said the condition in jails has changed a lot with time as inmates can buy food from the canteen, and can use other facilities like using cell phones.
A senior justice of the HC bench then suggested keeping a record of the increased facilities in different cells of the jails across the country throughout the last few years.
The attorney general then prayed for time till the next hearing to submit the report.
READ: HC orders investigation on assets and bank accounts of Rajarbagh Pir
On September 2, three convicts condemned to death incarcerated at Chattogram Jail filed a writ petition challenging the legality of keeping a death-row convict in condemn cell before the completion of trial and clemency appeal to the President being dismissed.
The writ petition said the death penalty is not effective until the High Court approves it. Yet after High Court’s approval, a convict can appeal to the appellate division for reviewing the order and the chance to appeal for clemency to the President.
READ: HC grants anticipatory bail to 11 lawyers in a DSA case
Until completion of this process, keeping convicts in condemned cell violates their basic right provided by paragraphs 27,31, and 32 in the constitution.
HC to pass order on phone tapping on Sept 29
The HC has set September 29 to pass its order on a writ petition seeking its directives on investigating phone tapping and prevention of leaked phone conversations.
The HC bench of Justice M Enayetur Rahim and Justice Md. Mostafizur Rahman fixed new date for giving its decision. It was earlier scheduled for Sunday.
Lawyer Mohammad Shishir Monir argued in favor of the writ petitioners. The state's deputy attorney general questioned the admissibility of the writ petition.
On August 10, a writ petition was filed before the HC seeking directions to stop phone tapping. In the writ petition, instructions have been sought to investigate 20 incidents of leaked phone conversations.
Read: HC turns down writ challenging tree felling at Suhrawardy Udyan
Advocate Mohammad Shishir Monir filed the writ petition on behalf of 10 lawyers of the Supreme Court. In the writ petition, the secretary, department of posts and telecommunications, secretary, department of information and communication technology, ministry of telecommunications and information technology and the Chairman of Bangladesh Telecommunication Regulatory Commission (BRTC) were made defendants.
Seeking directions for investigation the writ petition mentioned 20 incidents of phone tapping from 2013 to 2021 including that of Prime Minister Sheikh Hasina, Khaleda Zia, Mirza Fakhrul Islam Alamgir, Barrister Moudud Ahmed.
The leaked conversations have been widely used by different TV channels and some of those went viral on social media too. Earlier, the petitioners had sent a legal notice to the BRTC demanding an end to phone tapping. But they did not get any reply and hence filed the writ.
HC turns down writ challenging tree felling at Suhrawardy Udyan
The High Court on Sunday rejected a writ petition against tree felling at historical Suhrawardy Udyan for installation of commercial establishments.
The virtual bench of Justice Farah Mahbub and SM Maniruzzaman turned down the petition.
Lawyer Syeda Rizwana Hasan presented the petitioners while Additional Attorney General Sheikh Mohammad Morshed stood for the state.
“This is one of the mega projects of the government and no establishment will be built there on commercial basis. The government is implementing the HC directive issued in 2009,” Said Additional Attorney General Sheikh Mohammad Morshed.
Also read: Writ petition filed against tree cutting at Suhrawardy Udyan The project is being implemented according to the report of a 6-member committee formed in this regard , the project is being implemented without harming the environment, he said.
Earlier, on September 13 the court fixed today for final hearing on the writ.
On May 9, six organisations and an individual filed the writ petition to stop tree cutting at Suhrawardy Udyan.
Also read: No tree to be felled unnecessarily at Suhrawardy Udyan: Project Director
The petitioners are - Bangladesh Environmental Lawyers Association (BELA), Association for Land Reforms and Development (ALRD), Nijera Kori, Bangladesh Legal Aid and Services Trust (BLAST), Bangladesh Poribesh Andolon (BAPA), Ain o Salish Kendra (ASK) and architect Mobassher Hossain.
The petitioners also sought issuance of a rule seeking explanation as to why cutting of ancient and historic trees at Suhrawardy Udyan on the pretext of constructing monument of independence will not be announced illegal and unconstitutional, why construction of commercial establishments going beyond the main design will not be declared illegal and why directive should not be given to evict the already constructed establishments.
Dhaka South City Corporation Mayor , Secretaries to the Ministry of Housing and Public Works, the Ministry of Environment, Forest and Climate Change, and the Ministry of Liberation War Affairs, Chief Forest Conservator, RAJUK chairman ,Director General of Environment Department and Chief engineer of Department of Public Works were made respondents to the rule.
Shut down unregistered online news portals within a week:HC
The High Court on Tuesday ordered the closure of all unregistered online news portals and asked the Bangladesh Telecommunication Regulatory Commission (BTRC) and Bangladesh Press Council to take action in this regard within a week.
A HC bench of Justice Md Mozibur Rahman Miah and Justice Md Kamrul Hossain Mollah passed the order after hearing a supplementary petition that originated from the recent death of a 21-year-old woman by suicide followed by a wave of unacceptable news coverage in the media, especially in online news portals.
Advocate Rashida Chowdhury Nilu and Zarin Rahman stood for the petitioner while deputy attorney general Nauroz Mohammad RusselChowdhury represented the state.
Also read: Private school, college, madrasa teachers can’t be suspended for above 6 months: HC
After today’s order Advocate Rashida told reporters a legal notice was served to the authorities concerned on May 5 seeking steps to enact a code of ethics for the news media.
The notice was served to the secretary to the information and broadcasting ministry, BTRC chairman and Bangladesh Press Council chairman but no response was received as yet. Later Advocate Zarin Rahman and Rashida Chowdhury Nilu filed writ petition.
According to the writ a case has recently been filed under section 306 over instigation to suicide following the recovery of the body of a 21-year old woman. The way the country’s media, especially the online news portals covered the incident has been unacceptable. But the BTRC and Bangladesh Press Council did not take any step in this regard, said the petition.
Besides, the BTRC is unable to take any step about unauthorized news portals. So registration is needed for those news portals, the petitioner sought.
Also read: Medical equipment lying packed at 16 hospitals; HC orders probe
On August 16, the High Court issued a rule asking the authorities concerned to explain as to why directives should not be given to shut down the unauthorized news portals.
The HC also sought to know why the directives should not be given to take steps in forming a ‘Broadcasting Commission’ as per the National Broadcasting Policy-2014.
HC orders verification of prisoners, accused through biometric systems
The High Court on Thursday ordered the authorities concerned to introduce biometric systems at all jails and police stations across the country, aiming to prevent the jailing of innocent people and identify the real accused.
The HC bench of Justice M Enayetur Rahim and Justice Md Mostafizur Rahman passed the order after disposing of a rule.
The HC also declared the arrest warrant issued against Zahir Uddin in 2017 who was implicated in a sabotage case wrongfully, as illegal.
The HC suggested the Home Ministry collect fingerprints, handprints and eyeball scans of the accused, take the photograph of the accused and preserve it and introduce biometric systems in all jails.
Advocate Mohammad Shishir Monir stood for Zahir Uddin while deputy attorney general Bipul Bagmar represented the state.
The Police Bureau of Investigation (PBI) last week submitted a report saying Mohammad Zahir Uddin of Basurhat in Noakhali district, was not the actual accused in the case filed with Khilgaon Police Station under the Sabotage Act.
The real accused was identified as Modasser Ansari alias Mohaddes, son of Ahsan Ullah of Companiganj upazila of Noakhali district.
On March 10 last year, the HC bench stayed the arrest warrant issued against Zahir Uddin by a Dhaka Chief Judicial Magistrate.
The HC also asked the PBI to investigate whether Zahir Uddin was the actual accused in the case or not.
Read: Include Bangabandhu's 7th March speech in curricula: HC
According to the PBI report, submitted by PBI additional superintendent of police Sarwar Alam, there is no evidence against Zahir and he is not the real accused.
During the investigation, PBI found Modasser Ansari as the real accused in the case, the report said.
On April 9, 2013, police arrested Modasser Ansari in a case filed with Khilgaon Police Station.
Modasser, during his arrest, concealed his actual identity and identified himself as Zahir Uddin, son of Azgar Ali of Basurhat in Noakhali district.
On October 31, that year, Modasser secured bail and went into hiding after walking out of the Dhaka Central Jail.
Read: All rivers are living entities: HC
On April 8, 2014, police submitted chargesheet against Zahir and others in the case.
On October 11, 2017, the Dhaka Chief Judicial Magistrate issued a warrant for the arrest of Zahir Uddin in the case.
Later, Zahir Uddin filed a petition challenging the legality of the arrest warrant.
HC bans police sub-inspector from investigating any case
The High Court on Monday ordered that Bagura Sub-Inspector Nayan Kumar is barred from investigating any case as he falsely implicated a 12-year-old child in the murder of his brother in Sariakandi in 2015.
The order will remain effective until disposal of the murder case.
A bench of Justice Jahangir Hossain Selim and Md Atwar Rahman passed the order during a hearing and said it will remain in force until the petition to review the accuracy and legality of the case is pending with the court.
The court also asked incumbent investigation officer of the case Natore CID Inspector Md Mansur Ali to submit medical report, recorded statement under section 164 of penal code and photocopy of the court order within September 27.
Also read: Sub-Inspector of police sent to jail in rape case
Advocate Shishir Monir presented the petitioner's side during the hearing while Deputy Attorney General Md Sarwar Hossain Bappy stood for the state.
On June 11, five Supreme Court lawyers filed a writ petition at the High Court challenging the juvenile court’s actions in this case attaching a news report on the issue.
Following the appeal, the court ordered first investigation officer of the case SI Nayan Kumar and current investigation officer Md Mansur Ali to be present before the court with the case documents.
On August 22, both the officers appeared before court and SI Nayan submitted an application seeking apologies for his mistake in the investigation.
The court then set the date of next hearing on the petition on September 6 Monday when the court observed that “What IS Nayan did was a crime, it was not a mistake out of negligence.”
On August 25, 2015, following the death of his eight-year old son Mahidul Islam filed a case with the Sariakandi police station.
Also read: Xulhaz-Tonoy murder: Six sentenced to death by Dhaka court
On November 29, police took Mahidul’s 12-year old son to the police station for questioning and he was produced before Bagura Senior Judicial Magistrate’s court the next day.
Petitioner’s elder son in court confessed he killed his younger brother out of jealousy and the court granted him bail as he was a minor.
But as a suspect the child had to appear before court during the every following hearing on the case.
Later SI Nayan submitted charge sheet of the murder case showing the 12-year brother as the main accused.
The case was transferred to Police Bureau of Investigation (PBI) in 2017 when Mahidul Islam gave no-confidence petition in the charge sheet.
After four years, the PBI declared the child innocent and arrested two other people as accused.
Current Investigation Officer of the case Mansur Ali then exempted the child from the charge and filed a new charge sheet against the two arrestees.