HC
HC division: 53 benches to operate virtually from Wednesday
A total of 53 benches have been formed by Chief Justice Syed Mahmud Hossain Monday for operating judicial activities from Wednesday.
In these benches judicial activities will be done virtually without any physical appearance, said a notification issued by the Supreme Court.
All the activities of the High Court benches will be operated through virtual presence, following the ‘Use of Information Technology by the Courts Act, 2020’ and practice, said the notification.
Also read: High Court division to hold hearings virtually from August 11
The decision to open all the benches was taken following the government’s announcement to open all the government, private offices, banks and factories from August 11.
According to an earlier decision made in the full court meeting led by the chief justice on August 5, all judicial activities were being conducted by 12 benches which was supposed to be followed till August 12.
From May 25, 2020, the courts started conducting virtually amid the surge of Covid-19 in Bangladesh.
At first 35/36 benches were conducting which was eventually increased to 52/53 benches.
But as the second wave of Covid hit the country again the number of High Court benches was lowered to four on April 5, this year which eventually increased to 16 later.
After the government imposed a stringent lockdown the number of benches was lowered to three till August 5.
Also read: Appellate Division proceedings to continue virtually during lockdown; regular judicial work to be curtailed
As all the justices and most of the officials of the Supreme Court received Covid jabs and the government also made the restriction, a loose decision of conducting 12 benches was taken in the full court meeting.
HC releases full text of verdict upholding death penalty of 10 militants
The High Court on Monday released the full text its earlier verdict upholding the death sentences to 10 militants over the attempted assassination of Prime Minister Sheikh Hasina in 2000.
The 86-page text was released after the signing of the verdict by HC Justices Jahangir Hossain and Md Badruzzaman who pronounced the verdict virtually on February 17.
The attempt was made in Kotalipara in Gopalganj district.
Also read: Sheikh Hasina's convoy attack: Ex-BNP MP, 2 others get 10-yr imprisonment
In the verdict the HC said “The convicts were unwilling to abide by the law of the land. Besides, their plan to kill Sheikh Hasina by planting two bombs is terrible crime and we do not support to commute the punishment of some convicts.”
Deputy Attorney General Dr Mohammad Bashirullah, said “The HC has made some observation about some misguided thoughts of the militants. They believe that a woman can’t be the prime minister of an Islamic country”
The death- row convicts are: Asim Akter alias Tarek Hossain, Md Rashed Driver alias Abul Kalam, Md Yusuf alias Moshab Morol, Sheikh Farid alias Maulana Shawkat Osman, Hafez Jahangir Alam Badar, Maulana Abu Bakar, Hafez Maulana Yahiya, Mufti Shafiqur Rahman, Mufti Abdul Hye and Maulana Abdur Rouf.
Also read: Attack on Sheikh Hasina: SC stays bail of 7 accused
The HC also acquitted Sarwar Hosain who was awarded 14 years’ imprisonment by the lower court.
Besides, the HC issued a directive to release Mahibullah alias Mafizur Rahman who got 14 years’ imprisonment as he has already served the jail term.
The HC upheld the life term and 14 years’ imprisonment of Mehedi Hasan alias Abdul Wadud and Anisul alias Anis, respectively.
On August 20, 2017, the Speedy Trial Tribunal-2 in Dhaka sentenced 10 people to death in the case.
Mehedi Hasan alias Abdul Wadud, one of the accused, got life term jail and was fined Tk 10,000 in the case.
The court also gave 14 years’ rigorous imprisonment to three other accused, including Md Anisul Islam alias Anis, and fined them Tk 10,000 each.
A total of 10 people, including Khandaker Kamal Uddin, were also acquitted from the murder attempt charge.
The same court also gave nine people to 20 years’ rigorous imprisonment and fined them Tk 20,000 each in another case filed under Explosive Substances Act over the unearthing of 76 kg explosives near the rally venue of then Prime Minister Sheikh Hasina at Kotalipara in 2000.
Those sentenced to 20 years’ imprisonment are Md Yusuf alias Moshab Morol, Mehedi Hasan alias Abdul Wadud, Asim Akter alias Tarek Hossain, Md Mohibullah alias Mofizur Rahman, Mahmud Azhar, Md Rashed Driver alias Abul Kalam, Md Shah Newaz and Sheikh Md Enamul Haque.
Police recovered a 76-kilogram bomb from near a shop adjacent to Sheikh Lutfur Rahman Govt High School on July 20, 2000 where Sheikh Hasina was supposed to address a rally on July 22 same year.
Another 40-kg heavy bomb was also recovered by an Army bomb expert squad from near the Kotalipara helipad on July 23, 2000.
Nur Hossain, sub-inspector of Kotalipara Police Station, filed a case under the Explosive Substances Act in connection with the bomb recovery incidents.
Police pressed charges against 16 people, including executed Harkat-ul-Jihad (Huji) chief Mufti Abdul Hannan, on April 8, 2001.
On June 29, 2009, police submitted a complementary charge sheet implicating nine more people.
The case was shifted to Dhaka Speedy Trial Tribunal in 2010.
Meanwhile, Mufti Hannan was executed on April 12, 2017 over the grenade attack on then UK High Commissioner Anwar Choudhury at Shahjalal Shrine in Sylhet in 2004.
HC seeks explanation over punishing children under child marriage restraint act
The High Court on Thursday asked mobile court judge Assistant Commissioner (land) Rajia Sultana to submit an explanation why two children were punished under Child Marriage Restraint Act in Atpara upajila of Netrakona district.
The bench of Justice M Enayetur Rahim passed the order to submit the explanation by August 26 to the Attorney General’s office and a copy of it to the High Court through the district magistrate.
Meanwhile, the court expressed displeasure over mobile courts passing orders from court chambers stressing the examples of punishing a farmer for killing sparrows in the Barguna and Netrakona incident.
The court said, for the last few months news media are publishing report of magistrates passing mobile court orders long after the incident sitting in court rooms or police stations.
The court said this is not how mobile courts should conduct rather the court has to pass the order being present at the spot according to regulations.
Read: HC seeks govt decision on Covid jabs to pregnant women
During the hearing, the court suggested the attorney general to talk with the secretary of cabinet division for training up the magistrates.
Attorney General AM Amin Uddin agreeing with the court said soon the cabinet division secretary will be contacted about the matter.
On August 1, the marriage of two 15-year olds, who were involved in a romantic relationship, was held by their families in the Duoj union of the Atpara upazila in Netrakona.
Informed of it, executive Magistrate AC land Rajia Sultana brought the two children to her office and sent them to Gazipur Child Development Centre for one month as punishment.
On August 4, Supreme Court lawyer Md Shihir Monir brought the matter to justice M Enayetur Rahim’s attention by sending a letter through e-mail and asked to release the two children.
Read: HC seeks list of money launderers
Soon after getting the letter the High Court ordered the release of the children.
Meanwhile the district magistrate released the two children after settling the case and asked for an explanation from the executive magistrate Rajia Sultana.
Following which the High Court held a hearing on Thursday where advocate Md Shishir Monir stood for the petitioner and advocate SM Rezaul Karim presented the Bangladesh Legal Aids Services Trust (BLAST).
Meanwhile Attorney General AM Amin Uddin, Deputy Attorney General Samarendra Nath Biswas and Bipul Bagmar presented the state side.
HC gives 15 days to settle fate of 18 imported Brahman-breed cows
The High Court on Tuesday ordered the customs to settle within 15 days a company’s appeal to handover to it 18 Brahman-breed cows seized at Hazrat Shahjalal International Airport last month.
An HC bench of Justice M Enayetur Rahim passed the order virtually after hearing a petition filed by Imran Hossain, owner of Sadek Agro Farm at Mohammadpur that claimed to have imported the herd from the US.
Barrister Ruhul Kuddus and Barrister Mehedi Hasan stood for the petitioner while deputy attorney general Bipul Bagmar represented the state.
Read: Special BCS: HC will not intervene in appointing doctors
Imran filed a petition seeking the release of 18 imported Brahman-breed cows seized by customs officials at Hazrat Shahjalal International Airport on July 5, to his custody.
On Monday, a writ petition was filed with the High Court seeking the release of the cows, which are now at Savar Dairy Farm under the care of Livestock Department.
Barrister Mehedi Hasan filed the petition on behalf of Imran Hossain.
Read: HC seeks govt decision on Covid jabs to pregnant women
“The cows were imported from the US and arrived on a Turkish Airlines flight. We seized them as the import of Brahman-breed cows is not legal in the country,” Md Abdus Sadek, deputy commissioner (preventive) of Dhaka Customs House said.
The market value of each cow is Tk 12-15 lakh.
Special BCS: HC will not intervene in appointing doctors
The High Court on Monday rejected a writ petition seeking appointment of doctors from among the successful candidates of 39th special Bangladesh Civil Service (BCS) examination, saying it won’t intervene in this matter.
During hearing of the writ the bench of Justice M Enayetur Rahim said it’s a matter of government’s policy and so the court won’t be intervening in the decision of how many doctors will be appointed from which BCS.
Senior advocate Yousuf Hossain Humayun and advocate Md Moshiur Rahman presented the petitioners’ side at the court while Deputy Attorney General Bipul Bagmar presented the state side.
Also read: Govt appoints 2,000 physicians from 39th BCS
On July 29, a writ petition with the court seeking direction on appointing doctors from passed candidates of 39th BCS examination. Advocate Md Moshiur Rahman submitted the petition on behalf of Dr Rafa Md Nurul Islam and 1,360 other passed candidates in the 39th BCS examinations.
Advocate Md Moshiur Rahman said, 13,219 candidates were recommended for appointment after passing the final examination of 39th special BCS which was held in 2018.
Of them 4,562 were appointed in the health cadre in the first phase and the Public Service Commission (PSC) said others will be appointed later as non-cadre later as no position was vacant that time.
Last year, 2,000 more doctors were appointed from the recommended candidates as Covid-19 situation overwhelmed the health sector.
Recently the government announced to appoint 4,000 new doctors in the health sector from the recommended candidates of 42nd special BCS.
Also read: HC seeks govt decision on Covid jabs to pregnant women
Following which the writ petition was filed seeking direction on appointing new doctors from the left out 6,500 passed candidates of the 39th BCS.
Murder of wife: Bangladesh’s top court commutes sentence of husband
The Appellate Division of the Supreme Court on Monday commuted the sentence of a death-row prisoner to life in jail for killing his wife in Nilphamari in 2006.
The six-member virtual bench of the Appellate Division, led by Chief Justice Syed Mahmud Hossain, passed the order following an appeal petition filed by the convict.
Also read:HC asks police investigators: Explain allegation of forced murder confession from a minor
The SC also fined convict Swapan Kumar of Kushtia Tk 5,000 to, and asked the authorities concerned to shift him to a normal cell from the condemned one.
Additional Attorney General Sheikh Mohammad Morshed stood for state while Advocate Khandaker Mahbub Hossain appeared as the defence counsel for free.
According to the prosecution, Swapan killed his first wife Swapna Ghosh, 35, hitting her in her head over a family feud in Syedpur upazila of Nilphamari district on October 16, 2006.
On October 28, police filed a case against Swapan and arrested him. On November 18, 2008, Nilphamari District and Sessions Judge sentenced Swapan to death.
Also read: HC refuses bail to another 3 accused in Sinha murder case
On April 9, 2014, the High Court upheld the lower court verdict.
Later, Swapan filed a petition to the Appellate Division challenging the HC order and it commuted his sentence today.
END/UNB/Corr/MAS/SAM
HC bans shops and restaurants in Hatirjheel recreation area
The High Court on Wednesday banned all commercial establishments _ hotels, restaurants and shops _ from Hatirjheel-Begunbari area and ordered their eviction in 60 days.
The decision came in a 10-point directive issued by the virtual bench of Justice Md Ashraful Kamal and Justice Razik-Al-Jalil in response to a petition filed by Human Rights and Peace for Bangladesh.
From a slum a few years ago, Hatirjheel-Begunbari has transformed into the capital city’s lakefront recreation centre drawing huge visitors every day.
READ: Creating nuisance: Over 400 teenagers detained from Hatirjheel since Jan 26
“The area is now regarded as our lungs and it is very essential to protect it,” the bench said in their directives.
The judges declared the project area as public trust property and called for forming a separate authority for its conservation, development and management under the supervision of the prime minister.
The court appointed the Engineering Department of BUET and 24th Brigade of Army as joint consultants of the project.
The other directives are: building of a underground washroom, supply of pure drinking water, separate lanes for walkers, bi-cycling and disabled persons and developing a fish sanctuary.
Advocate Munzill Murshid stood for the petitioner while Advocate Imam Hasan stodd for Rajuk and deputy attorney general Wayes Ali Harun represented the state.
Murshid said the HC suggested naming the project after the legendary Bengali scientist Sir Jagadish Chandra Bose.
The petition complained that commercial establishments, shops and restaurants, sprung in the area violating the project’s original layout.
READ: Time running out to save Hatirjheel
This has undermined the beauty of the area and created obstacles for free roaming of the nature-loving visitors, he said.
HC refuses bail to another 3 accused in Sinha murder case
The High Court on Monday rejected bail to another three accused in the Maj. (retd) Sinha Mohammad Rashed Khan murder case on grounds that the petitions were not filed before it.
The order was issued by a bench of Justice Farid Ahmed and Justice Mohi Uddin Shamim.
The three accused who sought bail are: Shahjahan Ali, Razib Hossain and Abdullah Al Mahmud.
Additional Attorney General Sheikh Mohammad Morshed and deputy attorney general Sujit Chatarjee Bappi represented the state while Advocate Mahbubur Rahman stood for the petitioners.
A Cox’s Bazar court on June 27 framed charges against 15 accused, including suspended Teknaf police station officer-in-charge Pradeep Kumar Das, in the murder case.
The court also fixed July 26, 27 and 28 for recording testimonies of witnesses, said Public Prosecutor of Cox’s Bazar District and Sessions Judge Court Faridul Alam.
It also rejected bail petitions of another six accused, including ex-OC Pradeep and constable Sagar Dev.
On July 31 last year, Sinha was shot dead at the Shamlapur police check-post in Baharchhara Union of Cox's Bazar while returning to town after filming for a documentary.
On August 5, Sinha's sister, Sharmin Shahriar Ferdous, filed a case with Teknaf Senior Judicial Magistrate Court accusing nine members of law enforcement agencies of being involved in the killing, including Pradeep Kumar Das and Baharchhara police outpost inspector Liakat Ali.
On December 13, 2020, Rapid Action Battalion (RAB) submitted a charge sheet against 15 people, including police source Ayaz and three APBn members, in connection with the case filed over Sinha's murder at a checkpost manned by APBn, where officers of the Teknaf police station intercepted Sinha's car.
Khairul Islam, assistant superintendent of police of RAB-15 and also the investigation officer of the case, submitted the charge sheet before Cox's Bazar Senior Judicial Magistrate Tamanna Farah.
HC decides to revive troubled People’s Leasing and Financial Services Ltd.
The High Court on Monday decided to revive the embattled People’s Leasing and Financial Service Limited (PLFSL) and form a new board of management to lead the reconstruction.
Justice Muhammad Khurshid Alam Sarkar passed the order after hearing virtually a petition filed by 201 depositors of PLFSL, lawyers involved with the case said.
Last week, the aggrieved depositors filed a petition seeking revival or reorganisation of PLFSL.
The petitioners opposed any liquidation of the company urging Bangladesh Bank to make a plan to revive it.
Advocate Ahsanul Karim stood for the petitioners, while Advocate Tanzib-ul Alam represented the Bangladesh Bank and Advocate Mezbahur Rahman stood for PLFSL.
PLFSL has failed to provide any profit to its depositors since 2014. On July 14, 2019, the company closed its shares in the share market.
On July 14, 2019, Bangladesh Bank filed a case seeking closure of the company.
Later, the court asked to take necessary steps to liquidate the company. It also asked to appoint a liquidator of deputy managing director rank for this.
Bangladesh Bank has appointed Asaduzzaman Khan, deputy managing director of Financial Establishment and Market Department and sought a list of loan defaulters.
Following the directives, a list of 500 loan defaulter has been submitted on November 23, last year.
Meanwhile, the court issued a show cause notice to 280 loan defaulters and asked them to appear before the court physically.
In March last, the High Court issued a travel ban on 122 loan defaulters, who failed to appear before the court and asked the authorities concerned to collect the address of them.
HC rejects bail plea of suspended ACC director Enamul
The High Court on Thursday turned down the bail petition of suspended ACC director Khandaker Enamul Basir in a case filed over the Tk 40 lakh bribery scandal.
The virtual HC bench of Justice Md Nazrul Islam Talukder and Justice SM Mozibur Rahman passed the order.
Read: HC declares all sorts of gambling illegal
Advocate Ruhul Kuddus Kajol stood for the petitioner while deputy attorney general AKM Amin Uddin and advocate Khurshid Alam represented the state and ACC respectively.
On April 29, Judge Sheikh Nazmul Alam of Dhaka Special Judge Court-4 rejected the bail petition of Enamul.
On June 16, the suspended Anti-Corruption Commission(ACC) director filed a petition seeking bail in the case.
Read: HC to resume regular operation from Wednesday
On July 22, 2019, ACC arrested Enamul from his Darus Salam residence in the city for taking bribe from police’s Deputy Inspector General Mizanur Rahman.
On July 16, 2019, ACC director Sheikh Mohammad Fanafillah filed the case over the bribery scandal.
A private TV channel reported that Mizan gave Tk 40 lakh to Basir to get clean chit in a corruption case.
Enamul was suspended on June 10 for allegedly leaking information, a breach of his job discipline.
Besides, Mizan was shown arrested in the case on July 21.
DIG Mizan was an additional commissioner of Dhaka Metropolitan Police (DMP). He was withdrawn on January 9, 2019 following the allegation of threatening a female news presenter of a private television channel.