HC
HC seeks list of those involved in illegal allocation of footpaths
The High Court on Monday asked the authorities concerned to make a list of those involved in renting out or selling spaces of footpaths and collecting money illegally from roadside vendors in the capital city.
A two-member panel of Justice Md Mozibur Rahman Miah and Justice Kazi Md Ejarul Haque Akondo also asked the authorities to take action against the responsible.
They passed the order following a writ petition filed by Human Rights and Peace for Bangladesh.
The HC also directed the authorities to form a high-level committee comprising of two representatives from the two city corporations, one representative from Criminal Investigation Department (CID) and one each from Home Ministry and Rajdhani Unnayan Kartripakkha (Rajuk).
The mayors of two Dhaka city corporations, secretaries to the Home Ministry and Local Government, Rural Development and Co-operative (LGRD) Ministry have been asked to form the committee for finding out the names of those involved in the illegal business.
The HC also asked the two chief executive officers of the two Dhaka city corporations, additional police commissioner (traffic), joint police commissioners (traffic) of Dhaka North and Dhaka South, Dhaka deputy commissioner and 15 officers-in-charge of the city, to take effective steps within seven days by not allowing any illegal establishments or shops on the main footpaths of the capital.
The court also issued a rule asking the government to explain as to why the failure of the respondents in stopping such unauthorised activities should not be declared illegal.
Twenty-nine people including secretaries to the Home Ministry and Local Government, two mayors of Dhaka North and Dhaka South City Corporations, Inspector General of Police, Chairman of Rajuk have been made respondents to the rule, which is returnable in four weeks.
Advocate Manzill Murshid, a counsel of the writ petitioner, said the common people are becoming the victim of such anarchy. They are also forced to use main roads instead of the footpaths, causing traffic jams and accidents.
Police are not performing their duties properly, causing sufferings to the people.
Bangladesh Human Rights and Peace for Bangladesh filed a writ petition in this regard on Sunday.
Assistant Attorney General Abbas Uddin represented the state.
HC dismisses writ petition seeking FM Momen's disqualification
The High Court on Monday dismissed a writ petition challenging the legality of AK Abdul Momen holding the office of the Foreign Minister.
The HC bench of Justice Md Mojibur Rahman Mia and Justice Kazi Md Ejarul Haque Akondo dismissed the petition saying that such writ petition has no merit.
Advocate Mostafizur Rahman Ahad and Advocate Ershad Hossain Rashed appeared for the petitioner while Attorney General AM Amin Uddin, Deputy Attorney General Arvind Kumar Roy, Assistant Attorney General Mohammad Abbas Uddin and Samsun Nahar Laiju for the state.
Read more: Legal notice served seeking FM Momen’s resignation in 48 hrs
On September 5, on behalf of SC advocate Md Ershad Hossain Rashed, lawyer Mostafizur Rahman Ahad filed the petition in the High Court.
The foreign minister, cabinet secretary, secretary of parliament secretariat were made respondents to this writ petition.
On August 21, SC lawyer Ershad sent a legal notice to the foreign minister urging him to step down within 48 hours for violating the Constitution over his "controversial comments".
Read more: Bangladesh not turning into Sri Lanka : FM
At a Janmashtami programme in Chattogram on August 18, Momen reportedly said that he had urged the Indian government to back Prime Minister Sheikh Hasina so that she can stay in power.
After much criticism over this statement, the FM provided an explanation the next day, saying that he had requested the Indian government to help the Bangladesh PM maintain the stability of her government.
HC issues rule on compensation for daily labourers jailed by mobile court
The High Court on Sunday issued a rule asking the government to explain as to why the two daily wagers of Khagrachhari district, who were sentenced to five-day jail through a mobile court, should not be provided Tk 10 lakh as compensation.
The HC bench of Justice Zafar Ahmed and Justice Md Akhtaruzzaman issued the rule following a petition.
The court also issued another rule asking the government to explain as to why the punishment provided to the two daily wagers—Abul Kalam and Ruhul Amin—should not be declared illegal.
The court also asked the Ramgarh Upazila Nirbahi Officer (UNO) of Khagrachhari district, Khandaker Ikhtier Uddin Arafat to refrain from conducting mobile court drive for punishing the two daily wagers until the disposition of the rule.
Read more: CTTC files DSA case against Pinaki Bhattacharya for ‘tarnishing image of the state’
Secretary to the Public Administration Ministry and Khagrachhari Deputy Commissioner have been asked to implement the order.
Barrister Hasan SM Azim stood for the writ petitioner while Assistant Attorney General AMG Sarwar Payel represented the state.
On October 23, a writ petition was filed seeking its directives to not to allow Khagrachhari Ramgarh UNO Ikhtier to conduct any mobile court drive by sitting at this office though there is a provision that UNO should punish people after visiting the spot through mobile court.
On August 5, a report was published at a daily vernacular saying that Khargachhari Ramgarh Local Administration and Border Guard Bangladesh (BGB) had a dispute over a piece of land in the upazila.
On August 1, UNO Ikhtier sentenced two day labourers to five-day jail while they were engaged in erecting fence on the disputed land.
HC wants to know steps taken to control mosquitoes at airport
The High Court on Sunday asked Dhaka North City Corporation (DNCC) and Civil Aviation Authority Bangladesh (CAAB) to inform it of steps taken to control mosquitoes at Hazrat Shahjalal International Airport in Dhaka.
DNCC and CAAB have been asked to submit a report within February 15 in this regard. The court also asked CAAB and Directorate General of Health Services (DGHS) to submit another report after conducting a survey on the density of mosquitoes and larvae at the airport area.
A bench of Justice JBM Hassan and Justice Razik Al Jalil passed the order during a hearing after viewing a report on the mosquito control campaign and the latest mosquito survey report at the airport area.
Read: Legal steps if larvae of Aedes mosquitoes found in buildings: DNCC Mayor
Advocate Tanvir Ahmed appeared for the petitioners during the hearing while advocate Saifur Rashed represented CAAB and Deputy Attorney General Tushar Kanti Roy appeared for the state.
“The bench was irked seeing the latest report and said people are dying suffering from Dengue fever but mosquitoes are not being controlled at the airport even after spending the allotted budget,” said Advocate Tanvir Ahmed.
On February 20, this year, the court directed CAAB to take immediate steps to control mosquitoes at Hazrat Shahjalal International Airport after advocate Tanvir submitted a supplementary petition attaching a report published in this regard on a national daily newspaper.
The Central Disease Control Branch of the Health Department has a program to measure the density of mosquitoes and mosquito larvae under which a survey is supposed to be conducted every two months.
On April 3, this year, the High Court ordered to determine the density of mosquitoes and larvae inside and outside the airport as the Health Department has a programme under which such a survey was supposed to be conducted after every two months. But it was not conducted after June 2019.
Read: Dhaka city braces for Aedes mosquito menace after rains
On February 26, 2019, the lawyer sent a legal notice to the authority after spotting some local and foreign passengers being menaced by mosquitos during his visit to the airport at night.
He asked the authority to take steps in this regard within three days of receiving the notice as it will degrade the country's reputation.
On March 3, that year he filed a writ petition to the High Court in this regard after receiving no reply to the notice.
On March 12, 2019, the High Court issued a rule questioning the negligence of the authority in killing mosquitoes at the Shahjalal International Airport.
Secretary of the Ministry of Civil Aviation and Tourism, CAAB Chairman, Dhaka North City Corporation Mayor and commissioner of the ward adjacent to the airport were made respondents to the rule.
HC grants bail to ex-LGRD minister’s APS in money laundering case
The High Court on Monday granted bail to AHM Fuad, Assistant Personal Secretary to former Minister for Local Government, Rural Development and Co-operatives in a case filed over laundering Tk 2,500 Crore, earned through illegal means.
The bench of Justice Nazrul Islam Talukder and Khizir Hayat passed the order during a hearing on a bail petition submitted by the accused.
However, Deputy Attorney General AKM Amin Uddin, representing the state during the hearing, told UNB an appeal will be made to the Appellate Division of the Supreme Court seeking suspension of the bail.
Read more: Actress Pori Moni's petition for cancelling narcotics case dismissed
On June 26, 2020, Criminal Investigation Department Inspector SM Miraz Al Mahmud filed a case against ousted Faridpur Awami League General Secretary Sazzad Hossain Barkat and his brother Imtiaz Hasan Rubel at capital’s Kafrul police station over money laundering.
On March 3, 2021, a charge sheet was submitted in this case against 10 people including AHM Fuad, Barkat, Rubel, Khondokar Nazmul Hossain levi, former president of Faridpur AL, Swechchasebak League leader Ashiqur Rahman alias Farhan, Jubo League leader Fahan Bin Wazed Fine.
According to the case complaint, accused Barkat secured the position of top leader of ruling party in the district despite being related to two fugitive death-row convicts for war crimes, Razakars Khokon and Bacchu.
Meanwhile his brother Rabiul grabbed the position of Faridpur Press Club president despite never being a journalist.
Sheltered and recommended by former Faridpur sadar upazila chairman Khondokar Mohtesham Hasan, and Jubo League leader AHM Fuad, the two brothers illegally acquired assets worth Tk 3,000 crore by controlling tender, trading commissions, drug trade, and extortion from the transportation sector.
Read more: HC order granting bail to ex-NSU trustee MA Kashem stayed by SC
Of this asset Tk 2,535 crore has already been laundered to foreign countries through Hundi, the complaint said.
The case is currently under trial against 51 people including 10 named in the charge sheet.
APS of former LGRD minister Khandker Mosharraf Hossain, Fuad submitted a petition seeking bail to the High Court.
The High Court today granted him bail disposing a rule it issued earlier in this regard.
HC order granting bail to ex-NSU trustee MA Kashem stayed by SC
The Appellate Division of the Supreme Court on Sunday stayed the HC order granting bail to ex-NSU trustee board member MA Kashem, in a case over laundering around Tk 304 crore in the name of buying land for the campus.
Chamber Judge of the Appellate Division Justice M Enayetur Rahim passed the order, said Advocate Khurshid Alam, a counsel of Anti-Corruption Commission (ACC).
The court also upheld the HC order granting bail to another former member of the trustee board Rehana Rahman in the case.
Advocates Murad Reza, Shah Manjurul Haque and Barrister Syed Ahmed Raza stood for the two accused.
Read more: HC grants conditional bail to 2 ex-NSU trustees
The High Court (HC) on November 10 granted conditional bail to Kashem and Rehana in the case.
They were granted bail on condition that they will not leave the country and not set foot on the NSU campus without permission, said Lawyer Shah Monjurul Hoque.
Back in August, the HC issued a rule seeking explanation as to why the two NSU trustee board members should not be granted bail in this case.
On May 22, the court ordered Shahbagh police to arrest four NSU trustees after rejecting their anticipatory bail pleas in the case.
The other accused trustees are- Benazir Ahmed and Muhammad Shahjahan.
On May 5, the ACC sued the chairman of the board of trustees of North South University (NSU) Azim Uddin Ahmed and five others for embezzling Tk 303.82 crore in the name of buying land for the campus.
Another accused is- Managing director of Ashalaya Housing and Developers Limited Amin Mohamed Hilali. ACC's Deputy Director Farid Ahmed Patwar filed the case.
The case states that over 9088 decimal land was bought in the name of permanent campus development of NSU with the consent of some members of the Board of Trustees bypassing the approval of the University Syndicate, University Grants Commission and the Ministry of Education.
They later withdrew cash from the buyer through cash checks in their own names and kept FDR in their own names.
They unjustly benefited themselves by committing illegal activities through misuse of power and embezzling university and government funds, according to the case.
In carrying out such illegal activities, they committed a punishable offence by resorting to fraud and forgery and exchanging commissions.
HC defers hearing on defamation case against ex-Gazipur mayor
The High Court on Tuesday deferred the proceedings of a defamation case filed against former mayor of Gazipur City Corporation (GCC) Jahangir Alam.
A bench of Justice A.S.M Abdul Mobin and Justice SM Masud Hossain Dolon passed the order after hearing a petition to have the case filed in Faridpur earlier thrown out. Lawyer AKM Rahman stood for the former mayor.
Alam is currently out on bail in the case filed against him for making derogatory and misleading comments on Bangabandhu Sheikh Mujibur Rahman and the War of Liberation.
Read more: HC defers Tarique-Zubaida’s hearing in corruption case
Although elected as an Awami League candidate, Alam's time in office was cut short after a leaked video of him in conversation with some senior leaders of the party's Gazipur district unit emerged in September 2021.
His statements in that video got him suspended from the party at first, and eventually the government sacked him as mayor as well.
Then a Faridpur court on August 31 this year issued an arrest warrant for the former mayor after one Ataur Rahman, organising secretary of ‘Manobik Bangladesh Society’, filed a defamation case.
Read more: CJ Sinha corruption case: Spl court defers judgment to Oct 21
Besides Faridpur, the former mayor faced several cases on the same allegation in Rajbari, Gazipur, Naogaon, Madaripur, Gopalganj and Panchagarh.
HC seeks explanation over irregularities of Tk 472 crore in BPC’s SAOCL
The High Court on Sunday issued a rule seeking explanation as to why the inaction of the authorities concerned in taking action against those involved in the irregularities of Tk 472 crore of Standard Asiatic Oil Company, a subsidiary of BPC, should not be declared illegal.
The HC bench of Justice Md Nazrul Islam Talukder and Justice Khizir Hayat issued the suo moto rule after taking a report, published in an English daily, into congnisance.
Read more: High court’s directive sought to ban export of Hilsa to India
The HC also wanted to know what steps have been taken in connection with the embezzlement of the money from the subsidiary of Bangladesh Petroleum Corporation (BPC).
It also asked the Auditor General and chairman of BPC to submit a progress report before the court within November 20.
The Anti-Corruption Commission (ACC), Auditor General and the BPC Chairman have been made respondent s to the rule, said ACC counsel Advocate Khurshid Alam Khan.
On November 4, an English daily published a report headlined ‘A BPC concern robs state coffers of Tk 472.7cr’.
Read more: High Court asks why DMP authority to ban rallies not illegal
ACC lawyer Khurshid drew the attention of the court in this regard.
According to the report, the government has been deprived of Tk 472.7 crore for 21 counts of irregularities by Standard Asiatic Oil Company, a subsidiary of the Bangladesh Petroleum Corporation, found an audit.
The disclosure comes after the Comptroller and Auditor General (CAG) pored over the company's books from fiscal 2012-13 to 2019-20 and made field visits.
Standard Asiatic Oil Company (SAOCL), which is a 50-50 joint venture between the BPC and the Asiatic Industries, is involved in the blending and marketing of engine oil and lubricating oil for vehicles; the marketing of diesel oil; the marketing and distribution of bitumen, liquefied petroleum gas and furnace oil; and supplying jet fuel to aircraft at Cox's Bazar International Airport, it said.
The anomalies include embezzlement by top officials, high rates, overtime, missing funds, irregularities in payment of litigation fees and violation of the Income Tax Ordinance and VAT Rules, the report added.
HC dismisses defamation cases against Asian Age chairman Shoaib Chowdhury
The High Court on Thursday threw out two defamatory cases filed against Shoaib Chowdhury, editorial board chairman of The Asian Age newspaper by Exim Bank and NASSA Group.
A bench of Justices ASM Abdul Mobin and Md Atwar Rahman passed the order during a hearing on a petition seeking dismissal of these cases.
Barrister Mahbub Shafiq appeared for the petitioner.
Read more: HC orders speedy disposal of graft case against Gayeshwar
He said charge sheets in these cases were submitted to court in 2020. After that a petition was filed seeking quashing of the proceedings in these two cases, he said.
On October 24, 2019, The Asian Age published a report titled “A monster behind spoiling banks.”
On November 5 that year, Exim Bank’s senior assistant vice president Mizanur Rahman Chowdhury and NASSA group consultant Lieutenant Colonel (retd) Sirajul Islam on November 11, filed two separate cases of defamation against six journalists of The Asian Age including Shoaib Chowdhury for that report.
On June, 2020, Police Bureau of Investigation (PBI) submitted charge sheet in these cases against only Shoaib Chowdhury.
HC orders speedy disposal of graft case against Gayeshwar
The High Court (HC) on Thursday ordered the trial court to dispose of the case against BNP Standing Committee member Gayeshwar Chandra Roy filed by the Anti-Corruption Commission (ACC).
The HC bench of Justice Md Nazrul Islam Talukder and Justice Khizir Hayat passed the order rejecting a petition filed by Gayeshwar Chandra in 2010 seeking cancelation of the case.
The court cleared the way for resuming trial in the case lifting the stay order on the trial proceedings.
Lawyer Nitai Roy Chowdhury appeared for the petitioner in court while Advocate M Khurshid Alam Khan for the ACC and Deputy Attorney General AKM Amin Uddin Manik for the state.
read more: It’s not administration’s duty to help govt to perpetuate power: Gayeshwar
On January 5 in 2009, the ACC lodged a complaint with Ramna police station against Gayeshwar for amassing illegal wealth of Tk 2.86 crore and concealing the information.
ACC submitted a chargesheet to the court on July 5 of the same year.
Later in 2010, the High Court stayed the trail proceedings in the case in 2010 as Gayeshwar filed a petition to quash the case. At the same time, the court issued a rule in this regard.
read more: People will make movement a success this time: Gayeshwar