HC
HC questions legality of demoting DU teacher Samia Rahman
The High Court on Sunday issued a rule questioning the legality of demoting Dhaka University teacher Samia Rahman on charges of plagiarism in research papers.
The court asked the DU Vice Chancellor and others involved to submit a reply to the rule within four weeks and instructed to submit all the documents against Samia within 21 days.
The bench of Justice M Enayetur Rahim and Mostafizur Rahman issued the rule after a hearing on the writ petition filed by Samia.
Barrister Hassan SM Azim stood for petitioner at the court while Deputy Attorney General Bipul Bagmar for the state.
The DU syndicate committee demoted Samia from associate professor to assistant professor on January 28 as punishment for alleged plagiarism in a research paper.
In December, 2016, an eight paged article, “A New Dimension in Colonialism and Pop Culture: A Case Study of Cultural Imperialism” jointly authored by Samia and DU lecturer Syed Mahfuzul Haque Marzan was published in the DU Social Science Review Journal.
Following the publication of their article in the journal, Alex Martin, who introduced himself as an administrative assistant of Chicago Journal, sent a written complaint to the DU in 2017 claiming that the article copied from Michel Foucault’s ’The Subject and Power’.
Read: Tribunal orders CID to probe DSA case filed by Samia Rahman
The complaint of copying pages from Edward Said’s “Culture and Imperialism” was also brought against the two DU teachers.
Later, the DU authorities formed an investigation committee to look into the allegation on September 27, 2017.
The committee submitted a report in 2020 finding the accused guilty.
A panel was formed in October, 2020 making the Dean of DU Law Faculty and syndicate committee member Professor Md Rahmat Ullah the convener to recommend academic punishment for the accused.
However, Samia, in March this year, claimed that she neither wrote nor submitted the article for which she was punished. She said Syed Mafuzul Haque Marzan, a lecturer of DU’s Ccriminology department, wrote and submitted the article without her consent.
She said Marjan also gave a confessional statement in this connection.
Read: I’m victim of dirty teachers’ politics: Samia Rahman
“Indeed, the letter of Alex Martin of Chicago Journal based on which Dhaka University Syndicate formed an investigation committee and demoted me was totally false, fake and fabricated. No such letter was sent [to DU] from the Chicago Journal. I’ve been the victim of a conspiracy,” Samia said.
She claimed to have communicated with Craig Walker, the Editor of Chicago Journal, through social media and learned that there is no one with the Journal by the name of Alex.
HC asks two lower court judges to clarify repeated remand of Pori Moni
The High Court on Thursday asked two lower court judges to explain the reason why they accepted the police prayer to remand actress Pori Moni for multiple times in a narcotics case.
The judges of Dhaka Metropolitan Court have been ordered to submit their explanations to the HC in next 10 days.
The court also summoned the investigation officer (IO) of the case to appear before it on September 15 along with relevant documents to explain why he repeatedly sought remand for the actress.
Read: A day after bail, Pori Moni walks out of jail
The virtual HC bench of Justice Mostafa Zaman Islam and Justice KM Zahid Sarwar Kajal passed the order after hearing a petition filed by the Ain o Salish Kendra (ASK) over the matter.
The bench said it will also summon the metropolitan magistrates concerned who granted the prayers for taking Pori Moni in remand for second and third times, if their written explanation is found not satisfactory.
Besides, the HC said there was potential abuse of power in the remand of the actress.
“Without proper reasoning, the IO demanded the remands and the judges even accepted it. This cannot go on in a civilised society,” the HC observed.
“Remand is to be applied only in exceptional cases,” the HC added.
Read: Pori Moni gets bail after 26 days; No bar to walk out of jail
ASK's lawyer ZI Khan Panna told the HC during the hearing that its guidelines and directives have all been thrown out of the window in the manner by which the actress was placed on remand in three phases.
Pori Moni was arrested on Aug 4 following a raid by Rab on her Banani residence,
A case was filed against her under the Narcotics Act the following day.
Following the HC intervention a Dhaka court finally granted bail to the actress on Tuesday and she walked out of jail the following day.
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 High Court 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 also asked why the bail application would not be heard within two days.
Journo Muzakkir Murder: HC grants 3-month bail to 3 accused
The High Court on Sunday granted three-month bail to three men arrested in a case filed over the murder of journalist Borhan Uddin Muzakkir amid political infighting in Noakhali's Companiganj.
A bench of Justice Farid Ahmed and Justice Mohi Uddin Shamim passed the order after hearing separate bail pleas of the defendants.
The three accused - Yousuf Nabi alias Bahadur, Abdul Amin and Azizul Haque Manik – have been in jail since March 11.
Barrister Ruhul Kuddus Kajal presented the defendants’ side at the court and Deputy Attorney General Dr Md Bashir Ullah stood for the state.
Also read: Journalist Muzakkir murder: 2 accused denied bail
Dr Md Bashir Ullah said they will appeal against the HC order at the Appellate Division.
On February 19, clashes and gunfight took place between the supporters of Basurhat Municipality Mayor Abdul Quader Mirza and former Companiganj upazila chairman Mizanur Rahman Badal over establishing supremacy.
Both groups used firearms in the clash and the law enforcers fired several rounds of tear gas and shotguns to control the situation.
Muzakkir, a Noakhali district correspondent of online news portal Barta Bazar and also Companiganj correspondent for The Daily Bangladesh Samachar, suffered bullet wounds and fell on the ground when he was taking pictures and filming the intra-party clash.
Also read: AL factional clash in Companiganj again , 6 shot
The critically injured journalist was rushed to Noakhali General Hospital and later shifted to Dhaka Medical College Hospital where he succumbed to injuries on February 20.
On February 23, Muzakkir's father Nurul Huda Master filed a case with Companyganj Police Station accusing unnamed people. Later the case was transferred to the Police Bureau of Investigation.
HC seeks explanation over delay in Pori Moni’s bail plea hearing
The High Court on Thursday 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.
The court also asked why the bail application would not be heard within two days.
The respondents were asked to respond to the rule by September 1.
Also read: Investigation on Pori Moni and others in final stage, says CID chief
The virtual HC bench of Justice Mustafa Zaman Islam and Justice KM Zahid Sarwar Kajol issued the rule after hearing on a revision petition filed on behalf Pori Moni challenging the lower court order.
“ Why has the date of bail hearing been fixed after 21 days ? The decision curtailed the rights of the accused,” the HC observed .
On August 22, the Dhaka Metropolitan Sessions Judge KM Emrul Kayesh set September 13 for hearing on the bail petition of Pori Moni in the case.
Also read: Pori Moni: Hearing on new bail plea on Sept. 13
Later, she appealed to the High Court challenging its validity. The interim bail of the actress was also sought in the petition .
Lawyers ZI Khan Panna and Mozibur Rahman appeared for Pori Moni, while Assistant Attorney General Md Mizanur Rahman opposed the petition.
HC sends two children to a support centre as parents fight over their custody
The High Court on Monday asked the authorities concerned to keep the two children of Japanese woman and a Bangladeshi man at the Tejgaon victim support centre in a good environment until August 31 amid a legal battle over their custody.
The HC bench of Justice M Enayetur Rahim Justice Md Mostafizur Rahman passed the order following a petition filed by the Japanese mother of the two children.
The court also gives permission to the parents of the children to meet them at the Tejgaon victim support centre in a stipulated time.
Also read: HC orders probe into death of a school student due to bullying
On August 19, Nakano Eriko, a citizen of Japan, filed a petition with the High Court seeking its directives to return back her two daughters-- Jasmine Malika,11 and Laila Lina, 10---from their Bangladeshi father Sharif Imran.
The court than asked the authorities concerned to produce the two children before the court on August 31. It also asked Imran not to leave the country with his daughters for next one month.
On Sunday, a team of Criminal Investigation Department (CID) police took the two children under custody.
On Monday, Advocate Fawzia Karim, a counsel of Imran drew the attention of the court about the custody.
Advocate Mohammad Sishir Monir represents the Japanese woman.
Also read: HC upholds death sentence to a couple for murdering a man in Jashore
Advocate Monir, said “Eriko, a 46-year-old woman and a physician by profession, filed a petition seeking custody of her two children. Eriko and Imran tied the knot on July 11, 2008, according to the law of Japan. They used to live in Tokyo and the couple has been blessed with three daughters.”
“Three daughters of the couple aged above, 11, 10, and seven are studying at a school in Tokyo. On January 18, this year, Imran appealed for the divorce and on January 21 he filed an appeal to the school authorities to take his one daughter but they refused following the objection of Eriko,” said Monir.
Later, Imran picked his two daughters from school bus to a rented building and on February 21 and he returned to Bangladesh with his two daughters.
On May 31 a court in Tokiyo handed over the custody of the two daughters to Eriko.
On July 18 Eriko came to Bangladesh to meet her daughters.
HC orders probe into death of a school student due to bullying
The High Court on Sunday directed the education authorities to investigate the death of a teenaged school student reportedly as a result of bullying by classmates and teachers for being overweight.
The court also issued a rule on the formulation of anti-bullying rules in the educational institutions.
READ: Polluting canal: HC issues contempt of court rule against 5 govt officials
The order and the rule came from the virtual bench of Justice M Enayetur Rahim and Justice Md Mostafizur Rahman after hearing on a writ petition filed in this regard.
The writ filed by Supreme Court lawyer Tanvir Ahmed referred to 10th grade student of Ideal School and College Banasree branch who died of anorexia and bulimia _ diseases related to loss of appetite and eating disorder.
The 16-year-old student’s family complained that he was pushed to the death due to bullying and body shaming because of his obesity. It went viral on the social media prompting protests from the users.
This was broadcast by the Bengali service of BBC on July 8 fuelling further condemnation of the harassment.
Responding to the writ the HC bench asked Dhaka District Education officer to submit an investigation report on the incident within the next 60 days.
READ: HC upholds death sentence to a couple for murdering a man in Jashore
In the rule the court questioned why authority’s inactivity and negligence to prevent bullying at educational institutes will not be declared illegal.
The court asked the Education Secretary and other concerned government officials to reply to the rule.
HC upholds death sentence to a couple for murdering a man in Jashore
The High Court on Wednesday upheld the death sentence awarded to a woman and her boyfriend for murdering a man in Jashore.
The convicts are Sabana Khatun and her estranged boyfriend Abdul Alim.
The HC bench of Justice Sahidul Karim and Justice Md. Akhtaruzzaman delivered the verdict on Wednesday.
Deputy Attorney General Bashir Ahmed, who represented the state during the hearing, confirmed the information to UNB.
READ: Polluting canal: HC issues contempt of court rule against 5 govt officials
According to locals, Abdur Razzak of Azmatpur village of Chaugachha upazila was strangled to death by his wife Sabana and her boyfriend Alim on the night of March 9, 2014,. Mintu, the victim's brother, filed a murder case with the Chougachha police station on March 11 accusing them.
Besides, Sabana confessed committing the murder and her extra marital affair under section 164 following her arrest.
READ: HC issues rule on depiction of smoking in movies, theatre
Jashore Additional District and Sessions Judge Sharif Hossain Haider sentenced Sabana and Alim to death for killing her husband on March 14, 2016.
The accused appealed against lower court’s verdict before the HC.
HC issues rule on depiction of smoking in movies, theatre
The High Court on Tuesday issued a rule asking the government to explain as to why the ineffectiveness of the authorities concerned in preventing scenes depicting smoking in movies and plays, should not be declared illegal.
The HC bench of Justice JBM Hassan and Justice Razik-Al-Jalil issued the rule following a writ petition.
It also asked the authorities concerned to explain as to why directives should not be given to them for implementing the Narcotics Control Act.
Also read: Polluting canal: HC issues contempt of court rule against 5 govt officials
Secretaries to the Public Health and Family Planning, Law, Home, Information and Bangladesh Film Censor Board Chairman have been made respondents to the rule which is returnable in four weeks.
Advocate Maniruzzaman Linkon stood for the petitioner while deputy attorney general Tushar Kanti Roy represented the state.
On February 3, Bangladesh Cancer Society, Anti drug organisation ‘Prattyasha’ and Population Development Organisation (PDO) filed a petition seeking ban on use of smoking and showing smoking scenes in movies and plays.
“There is a law on using drugs and tobacco but it is ineffective,” said Advocate Maniruzzaman.
On March 11, 2020, a legal notice was sent to the Secretaries to the Public Health and Family Planning, Law, Home, Information and Bangladesh Film Censor Board Chairman seeking implementation of the law. But no response came from the respondent, he said.
Also read: HC issues rule on ethics code for news media
According to the writ, Bangladesh has signed the ‘Framework Convention on Tobacco Control’ (FCTC) in an effort to discourage people from smoking and tobacco during the 56th conference of World Health Organisation (WHO) in 2003.
To make the issue a success, the government enacted a law on Smoking and Using of Tobacco Products (Control) Act, 2005.
According to the law, smoking in public places is an offence and there is a provision to fine Tk 300 to those who are found smoking in public places or public transport.
As per the section 5 (1) of the law, Prohibition of advertisement of tobacco products. -(1) No person shall-display advertisement on tobacco products in cinema hall or government and non-government radio and television channel, and shall not make any exhibition of photographs audible or made audible :print or publish or make published any advertisement in any books, magazines, handbills, bill-board, newspaper or printed papers published in Bangladesh; and distribute or supply to public any leaflet, handbill or documents containing the name of brand of tobacco product, colour, logo, trade mark, sign, symbol or advertisement.
HC issues rule on ethics code for news media
The High Court Monday issued a rule questioning why inactivity to introduce an effective and efficient ethical code of conduct for media according to subsection 2 of section 11 in Press Council Act, 1974 should not be considered illegal.
The court also issued a rule on why direction will not be given to create an ethical code of conduct for maintaining professionalism of journalists, news agencies, newspapers.
Bench of justice Md Mojibur Rahman Mia and Justice Kamrul Hossain Molla issued the rule during a virtual hearing on a writ petition filed in this regard.
The court also questioned why direction will not be given to take legal action for closing unlicensed and unregistered online news portals and to register those that are in consideration.
In the rule the court also asked why direction will not be given to take proper steps to form a ‘Broadcasting commission’ according to the National Broadcast Policy-2014.
The Information Secretary, Chairman of Bangladesh Telecommunication Regulatory Commission (BTRC) and Chairman of Bangladesh Press Council have been asked to submit a reply to the rule within seven days.
READ: HC summons two police investigators over death of Minu Akhter
Lawyer Rashida Chowdhury Nilu and Zarin Rahman presented the petitioner’s side during the hearing while Deputy Attorney General Nowroz Md Russel Chowdhury presented the state side.
On May 5, two lawyers of the Supreme Court Rashida Chowdhury Nilu and Zarin Rahman sent a legal notice to the authority for introducing ethical code for publishing news on broadcast media.
According to the notice, in a recent incident of recovering the dead body of a 21-year-old college student a case of incitement to suicide was filed under section 306. But some media and specially some online news portals published news on this in an unacceptable way and BTRC and Press Council didn’t take any steps against them.
In these circumstances, the need to implement an ethical code of conduct for publishing news and actions against unregistered news portals have become necessary, said the notice.
READ: Stop harmful online games like PUBG, Free Fire: HC
As the authorities didn’t reply to the notice a writ petition was with the High Court.
HC summons two police investigators over death of Minu Akhter
The High Court on Monday summoned two investigating officers in Chattogram to appear before it on September 1 in connection with the imprisonment of Minu Akhter and subsequent death in a road accident.
The HC bench of Justice Jahangir Hossain and Justice Md Atoar Rahman asked the two IOs—sub-inspector of Kotwali Police Station Zubaiyer Mridha and sub-inspector of Bayezid Bostami Police Station Khorshed Alam—to appear before the court with the case documents, including post-mortem report of Minu’s death and her confessional statement on how she went to jail instead of another woman Kulsum Akter in a murder case.
READ: Stop harmful online games like PUBG, Free Fire: HC
Advocate Mohammad Shishir Monir filed a petition seeking inquiry about the death of Minu 12 days after she was released from jail.
Deputy Attorney General Mohammad Sarwar Hossain represented the state.
Advocate Shishir said “Minu Akhter spent three years in jail for a crime she did not commit and she died in a road accident after 12 days of getting released from jail. The death of Minu should be brought under scrutiny.”
It was Kulsum who was sentenced to life in a murder case. But Minu, a poor woman, impersonated as Kulsum and went to jail for money given by the actual convict.
Minu was freed on June 16 this year three years into the sentence after her case was brought to the High Coiurt.
Besides, the court ordered the special public prosecutor of Chattogram Women and Children Repression Prevention Tribunal-2 MA Naser and junior lawyers Nurul Anwar and Bibekananda Chowdhury and clerk Showrabh to submit written explanations about their role in the fraudulent act within two weeks.
In October 2007, Kulsum was arrested in a case filed over a garment worker’s murder in 2006.
Two years later she was freed after being granted bail by a Chattogram court.
On November 30, 2017 Chattogram fourth additional metropolitan session court found Kulsum guilty and sentenced her to life in prison, besides asking her to pay a fine of TK 50,000.
On June 12, 2018 Minu, pretending to be Kulsum, surrendered to police and began spending time behind bars. According to case proceedings, she did it for money.
In 2019 advocate Iqbal Hossain filed a petition on the sentence passed by the lower court on behalf of Minu, pretending to be Kulsum.
READ: Stop harmful online games like PUBG, Free Fire: HC
Following which the case document was sent to the High Court on June 12 the same year.
On March 18 this year, senior jail super of Chattogram central jail Md. Safiqul Islam Khan noticed the issue of fraudulence and brought the matter to Chattogram court’s notice.
Following the court’s order Minu was brought before court on March 22.
In the court Minu said, “Three years back a woman named Morzina, promising to give me some rice, sent me to jail and said after Ramadan she will bring me out.”
Later a sub-document of the case was sent to the high court and advocate Shishir Munir presented it before court.
The accused of the case Kulsum was a housewife living in Rahmatganj under Kotwali police station with her husband.
Minu used to live in a slum in the city with her three children before ending up in jail as Kulsum.
On June 28, Minu Akter died in a road crash on the city's Bayezid link road.
Unable to identify the body, Anjuman Mufidul Islam, a welfare organization buried her body as an unclaimed one.
Officer-in-Charge of Bayezid Bostami police station Md Kamruzzaman said an unidentified body of a woman was recovered from the road and later buried by Anjuman Mufidul Islam.
Later, Minu’s brother Rubel identified the body as his sister's when a police team went to Sitakundu and showed him a photo.
On July 4, police filed a case with Bayezid Bostami Police Station in this connection.
On July 29, police arrested Kulsum and a case was filed against her with Kotwali Police Station.