HC
Himadri murder in Ctg: HC upholds death sentences of 3, acquits 2
The High Court (HC) on Thursday upheld the death sentence of three convicts in a case over the killing student Himadri Majumdar Himu in Chattogram in 2012.
The death-row convicts are- Mahbub Ali Dany, Zahidul Islam Shaon and Zunayed Riyad.
The court also acquitted Shah Selim alias Tipu and Shahadat Hossain Saju.
Read more: HC releases full text of verdict upholding death penalty of 10 militants
The HC bench of Justice Bhishmadev Chakrabortty and Justice Khandaker Diliruzzaman delivered the judgment after hearing of the on the death references and the convicts’ petitions.
On 27 April in 2012, Himadri, an A-level student of Summerfield School and College of Chattogram, was forcibly taken to the rooftop of Tipu’s residential building and pushed off from the roof unleashing dogs on him.
Himadri died on May 23 of the year after undergoing treatment for 26 days.
Read more: HC orders probe on ‘disappearance’ of birth and death registration info
Later, a case was filed at the Panchlaish police station. On October 30 of the same year, police submitted a chargesheet to the court against the five convicts.
On August 14 in 2016, Chattogram fourth additional metropolitan sessions judge Nurul Islam sentenced the five accused to death for their involvement in the murder.
Later, the documents of the death sentences were sent to the High Court for approval as per rules. Besides, the convicts appealed challenging the trial court judgment.
HC summons 3 Khulna lawyers to face contempt charges
The High Court on Tuesday summoned three lawyers, including the president of the Khulna District Bar Association, to appear before it on November 22 and face charges amounting to contempt of court, in relation to their alleged misconduct with a judge.
An HC bench of Justice J. B. M. Hassan and Justice Razik-Al-Jalil passed the order, with the contempt attached to a suo moto rule following a hearing in this regard.
The rule questioned why any punitive action taken against the trio, stemming from their own actions, wouldn’t be illegal.
Those summoned were the bar’s president for Khulna district Saiful Islam, and KDBA members Sheikh Nazmul Hossain and Sheikh Ashraf Ali Pappu.
Attorney AM Amin Uddin and Deputy Attorney General Tushar Kanti Roy stood for the state in the hearing.
The state lawyers said the HC asked the accused lawyers to appear before it in person on November 22 and explain their actions in view of the contempt rule.
Read more: High Court asks why DMP authority to ban rallies not illegal
According to the file of Registrar General, on September 22 lawyer Pappu, who stood for a plaintiff in a case in Khulna, left the court of Khulna’s former Land Survey Tribunal Judge Nirmalendu Das, who is now an additional district judge of Chapainawabganj district, saying the bar president would interrogate the case after the court fixed a date for delivering the judgment.
Though Pappu orally placed a petition seeking time for hearing the case, the court rejected it.
Later, the three accused lawyers, along with others, entered the court again and created chaos while the judge was hearing another case.
Saiful, the senior among them, asked the judge with a rude attitude why he rejected the time petition sought for the hearing of the case and threw him some other questions.
Remarkably, the judge continued to engage with the trio and said: “You (the bar president) applied for time but I rejected it. You see the reason behind the rejection in the order. It is unacceptable that you seek the reason in this manner."
If you're thinking that was the worst of it, think again.
“We don’t want any answers from you, knowing you deliver illegal judgments for money and bribe. We will boycott the court and prove before the media that you are corrupted,” the lawyers shot back.
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Later, the judge sent a written letter to the chief justice mentioning the issue on the same day. The registrar general of the HC submitted it before the chief judge.
The HC bench on Tuesday passed the order on a suo moto rule, after the chief justice formed a bench headed by Justice J. B. M. Hassan to hear the issue on October 25.
Bill withdrawn from JS in light of HC verdict on arrest of public servants
The Public Service (Amendment) Bill, 2022 was withdrawn from Parliament on Monday.
State Minister for Public Administration Farhad Hossain moved the withdrawal motion. It was later passed by voice vote.
The state minister, however, did not say anything regarding his move to withdraw it.
Read more: Bill to replace law of military regimes placed in JS
The Bill was placed in the House on August 29 inducting a clause to shield public servants from unnecessary harassment. The treasury benches contend such a provision exists in the law in many countries across the globe, including India.
But today's withdrawal may have been affected by a High Court ruling that police would not require prior permission to arrest government officials in criminal cases.
The state minister said that the government will appeal the August 25 decision of the High Court, that struck down a provision in the 2018 Public Service Act preventing police from arresting a government official without permission from higher authorities, even in criminal cases.
The HC ruling came from the bench of justices Md Mozibur Rahman Miah and Kazi Md Ejarul Haque Akondo. The bench described the 2018 provision as "unconstitutional".
Read more: Govt to appeal HC ruling on scrapping prior permission to arrest officials in criminal case
"A section has been given special facilities by enacting the provision of getting prior permission to arrest government employees, which is sheer discrimination and violence of articles 26, 27 and 31 of the Constitution," the bench said.
On November 14, 2018, a gazette was issued on Public Service Act, 2018. It was published on September 26, 2019, and came into effect on October 1, 2019.
According to Section 41(1) of the Act, prior permission is needed from the government or higher authorities to arrest a government officer for a criminal offence.
On October 14, 2019, a writ petition was filed challenging the legality of Section 41 (1) of the Act.
Advocates Sarwar Ahad Chowdhury, Eklas Uddin Bhuiya and Mahbubul Islam filed the writ petition on behalf of Human Rights and Peace for Bangladesh, an NGO.
On October 21, 2019, the High Court issued a rule asking the government to explain as to why Section 41 (1) of the Public Service Act should not be declared "illegal and contradictory to articles 26(1) and (2), 27 and 31 of the Constitution."
Why Joj Mia should not be given adequate compensation: HC
The High Court on Tuesday issued a rule asking the authorities concerned why adequate compensation should not be given to Md Jalal alias Joj Mia who was wrongfully tried in August 21 grenade attack case and spent five years in jail without committing any crime.
The court also questioned why his wrongful arrest, arrest warrant and imprisonment will not be declared illegal.
The HC bench of Justice Mozibur Rahman Mia and Justice Kazi Ejarul Haque Akondo issued the rule during a hearing on a writ petition filed seeking Tk 10 crore as compensation for Joj Mia.
Barrister Humayun Kabir Pallab appeared for the petitioner while Deputy Attorney General Arobinda Kumar Roy represented the state during the hearing.
On September 12, Supreme Court (SC) lawyer Humayun Kabir Pallab filed the writ petition with the High Court.
The petition also sought formation of a committee headed by a retired judge of the Appellate Division to identify those who had tried Joj Mia in a false case.
Home Secretary, Deputy Commissioner (DC) of Dhaka district, Officer In-charge (OC) of Motijheel Police Station, OC of Senbag Police Station of Noakhali, Criminal Investigation Department (CID) of Police, ex-Inspector General of Police (IGP) Khuda Baksh Chowdhury, ex-Assistant Superintendent of Police (ASP) Abdur Rashid, ex-ASP Munshi Atiqur Rahman and ex-Superintendent of Police (SP) Md Ruhul Amin have been made respondents to the writ.
The petition said that Joj Mia can be compensated by confiscating the wealth of those responsible for the August 21 grenade attack, including then Home Minister Lutfozzaman Babar, ex-IGP Khuda Baksh Chowdhury, ex-ASP Abdur Rashid, Munshi Atiqur Rahman and ex SP Md Ruhul Amin.
On August 11, a legal notice was served against 11 people asking for compensating Joj Mia. The notice had asked the respondents to take steps in this regard within 15 days of receiving the notice.
At least 24 leaders and activists of the Awami League (AL) were killed and many injured in a grenade attack that was launched at an AL rally at the capital’s Bangabandhu Avenue on August 21, 2004. On June 9, 2005, Joj Mia was detained from as a suspect from Noakhali’s Senbag upazila and taken into a 17-day police remand.
During the remand period, CID collected a false confession from Joj Mia, in which he said that he had taken part in the grenade attack in exchange of Tk 5000 following the orders of his big brothers.
In 2007, an interim government decided to reinvestigate the Joj Mia case. On June 11, 2008, CID completed the fresh investigation and produced the charge sheet of the case, in which Joj Mia was proven not guilty.
Photojournalist Aftab murder case: HC upholds death penalty for 5 convicts
The High Court on Wednesday upheld the death penalty for the five men and life imprisonment for another person convicted of killing acclaimed photojournalist Aftab Ahmed in 2013.
A division bench of justices Jahangir Hossain and Md Bashir Ullah passed the order after hearing their appeal petitions.
Advocates SM Shahjahan, Helal Uddin Molla and Shafiqul Islam stood for the petitioners, while deputy attorney general Samira Taranum Rabeya Miti represented the state.
On March 28, 2017, Dhaka Speedy Trial Tribunal-4 judge Abdur Rahman Sardar sentenced the five men to death and another to life imprisonment for the murder of Aftab.
The condemned convicts are Billal Hossain Kislu, Habib Hawladar, Raju Munshi, Russel and driver Humayun Kabir Molla. Of them, Raju Munshi and Russel were tried in absentia.
The lifer has identified as Sabuj Khan. The court also imposed a fine of Tk 10,000 on him.
Read: Gaibandha child murder: HC upholds death sentence of one
On December 25, 2013, Aftab of Daily Ittefaq, an Ekushey Padak recipient, was found dead at his West Rampura Wapda Road residence. He was 69.
Driver Humayun, Habib and Billal subsequently made a confessional statement before the court that the convicts had strangled the victim to death while committing robbery in his house.
Billal looted Tk 72,000 from his residence and shared the money with the others involved in the killing, according to police.
Aftab received the coveted Ekushey Padak in 2006.
Japanese national murder: HC upholds death sentences of 4 JMB men, acquits one
The High Court on Wednesday upheld the death sentences of four members of the banned Jama’atul Mujahideen Bangladesh (JMB) for the 2015 murder of Japanese national Hoshi Kunio.
A division bench of justices Md Mostafizur Rahman and S M Masud Hossain Dolon upheld the trial court order after hearing the appeal petitions of the convicts.
However, the court acquitted another convict, Ishak Ali, for lack of evidence.
The four convicts are JMB regional commander Masud Rana alias Mamun, 21, Liton Mia alias Rafique, 23, Shakhawat Hossain, 32, and Ahsan Ullah Ansari alias Biplob, 24.
Also read: Gaibandha child murder: HC upholds death sentence of one
Of them, Ahsan Ullah, a student of Rangpur Begum Rokeya University, was tried in absentia.
Additional attorney general Sheikh Mohammad Morshed appeared for the state while advocate Ahsan Ullah, Shamsul Islam represented the convicts in the High Court.
On February 28, 2017, Rangpur special judge Naresh Chandra Sarkar sentenced the five JMB men to death in connection with the murder of the Japanese national. They were also fined Tk 20,000 each.
Later, the convicts filed appeal petitions before the High Court against the trial court judgment.
Read:Primary school teacher sued for raping 9th grader in Kurigram
On July 10, 2016, police pressed charges against seven members of the banned JMB in connection with the murder.
Of the charge-sheeted accused, Nazrul Islam alias Hassan alias Bike Hassan of Panchagarh district and Saddam Hossain alias Rahul alias Chanchal alias Sabuj alias Robi of Rajshahi district died in separate "gunfights" in Rajshahi and Dhaka’s Mohammadpur area, respectively in 2016.
Kunio, 65, was gunned down by assailants near his farmhouse at Kachu Alutary in Kaunia upazila on October 3 in 2015.
HC rejects ex-Tangail mayor Mukti’s bail plea in murder case
The High Court on Thursday rejected bail petition of former Tangail municipality mayor Sahidur Rahman Khan Mukti in a case filed over the murder of freedom fighter and Awami League leader Faruq Ahmed.
The HC bench of Justices Sahidul Karim and Fatema Najib passed the order during a hearing on a rule in this regard.
Deputy Attorney General Bashir Ahmed represented the state while advocate SM Shahzahan appeared for the accused during the hearing.
On February 10, Tangail Additional District Session Court-1 Jusdge Masud Parvez granted bail to Mukti in this case.
Later in February 28, when the same court scrapped his interim bail, Mukti moved High Court seeking bail.
On, April 27, the HC bench of Justice Sheikh Hasan Arif and KM Zahid Sarwar Kajol granted Mukti bail in the case.
On April 28, the Appellate Division stayed the bail granted by High Court upon a petition filed by the state side.
On January 18, 2013, Faruq Ahmed’s bullet-wounded body was recovered from near his house in Tangail.
Read: HC grants bail to journalist Kanak Sarwar's sister
A murder case was filed against anonymous people at Tangail sadar police station following a complaint received from Faruq’s wife Nahar Ahmed.
In 2014, Detective Branch (DB) of police arrested Anisul Islam Raja and Mohammad Ali in connection with the murder. The two revealed the involvement of then parliament member of Tangail-3 constituency Amanur Rahman Khan Rana, his three brothers, then Tangail municipality mayor Sahidur Rahman Khan Mukti, Zahidur Rahman Khan Kakan, and then central committee Vice-President of Bangladesh Chhatra League Saniyat Khan Bappa.
In February, 2016, DB police submitted a charge sheet against 14 people including MP Amanur Rahman Khan and his three brothers.
In September 2016, Amanur Rahman surrendered and he was granted bail after three years of imprisonment.
On December 2, 2020, after remaining absconding for six years Sahidur Rahman Khan Mukti surrendered before court and sought bail which was rejected.
Their two other accused brothers in this case have remained absconding.
HC orders removal of ‘fake news’ from Facebook, YouTube
The High Court (HC) on Tuesday ordered the authorities concerned to remove six 'fake' news stories and video links containing provocative content that is creating unrest in public life from Facebook and YouTube, along with steps to stop the spread of such content.
The HC bench of Justice Md Khasruzzaman and Justice Md Iqbal Kabir passed the order after hearing a writ petition regarding the issue.
Two government bodies, the Bangladesh Telecommunication Regulatory Commission (BTRC) and the Digital Security Agency, were asked to submit a report within two weeks in this regard.
At the same time, HC ordered an accountability strategy in accordance with the relevant laws, to verify the authenticity of all the news and videos posted on Facebook and YouTube.
Lawyer Munshi Moniruzzaman and Arafat Hossain Khan appeared for the writ petition in the court while Deputy Attorney General Bipul Bagmar represented the state.
On August 21, Barrister Arafat Hossain Khan, on behalf of lawyer Nilufar Anjum and barrister Ashraful Islam, served a legal notice to these two social media (Facebook-YouTube) authorities along with the relevant government agencies to remove six fake video links from the social platform.
On August 25, failed to get a response, lawyer Nilufar Anjum and barrister Ashraful Islam filed a writ petition with the HC seeking its instructions on the issue.
Read: HC directs IGP to report on seized goods’ storage
Head of Public Policy of Facebook and YouTube Bangladesh Shabnaz Rashid Dia, BTRC Chairperson, Director General of Digital Security Agency and Inspector General of Police (IGP) were made respondents to the writ.
According to the writ petition, the authorities concerned failed to monitor and control the provocative and fake contents posted on social media threatening the sovereignty and security of the state and the order of public life.
This misleading information tarnishes the image of the state organs, which is a violation of the Constitution, the Bangladesh Telecommunication Act, Digital Security Act (DSA) and the Information and Communication Technology (ICT) Act.
The writ also stated that Facebook and YouTube have recently been found to be not fully observing their monitoring strategy, especially in Bangladesh.
Such actions are being committed to present Bangladesh as a failed state to the international community creating instability in the country, it added.
The writ claimed that ignorance of the clear policy of BTRC and DSA and the recent regulation of Facebook-YouTube is spreading fake news against their own policy and creating violence and unrest.
HC rejects Hallmark chairperson’s bail plea in graft case
The High Court on Tuesday rejected the bail plea of Hallmark Group chairperson Jasmine Islam in a graft case filed over embezzlement of nearly TK 86 crore from a bank.
A division bench of justices Md Nazrul Islam Talukder and Khizir Hayat rejected the bail plea of Jasmine.
Advocate Mansurul Haque Chowdhury appeared for the businesswoman, while advocate Khurshid Alam Khan represented the Anti-Corruption Commission (ACC).
Read: Wrongful imprisonment: Appellate Division orders Brac Bank to compensate Jaha Alam
Earlier on March 10, 2019, the High Court granted bail to Jasmine in the case of embezzlement of Tk 85.87 crore from Janata Bank via a fake letter of credit.
Later, the ACC filed a petition challenging the bail order.
After hearing the appeal, the Appellate Division cancelled her bail and asked her to surrender within four weeks, on June 16, the same year.
Jasmine, also the wife of the Hallmark Group managing director Tanvir Mahmud, subsequently surrendered before the lower court and applied for bail in the High Court.
Read: ACC goes to HC seeking cancellation of Samrat’s bail
The High Court then issued a rule over her bail plea.
On November 1, 2016, Joynal Abedin, deputy assistant director of the anti-graft body, filed the case against 16 people, including Jasmine, at Motijheel police station in Dhaka.
Later that day, the ACC arrested her from the capital`s Bangsal area.
ACC goes to HC seeking cancellation of Samrat’s bail
The Anti-Corruption Commission (ACC) on Monday filed an appeal petition before the High Court seeking the cancellation of the bail given to expelled Jubo League leader Ismail Hossain Chowdhury Samrat in a money laundering case.
Advocate Khurshid Alam, a counsel of ACC, filed the petition after taking permission from the HC bench of Justice Md Nazrul Islam Talukder and Justice Khizir Hayat.
On August 22, Judge Asad Md Asifuzzaman of Dhaka Special Judge Court-6 granted bail to Samrat in a money laundering case.
The court granted him bail till September 19 considering his poor health condition on a Tk10,000 bond.
Read: Dhaka to lodge protest against Myanmar shelling mortars into Bangladesh: FS
With this, Samrat has secured bail in four cases and there is no legal bar to his release, said his lawyer Ehsanul Haque Samazi.
The judge also asked him to submit his passport to the court as his bail condition, and he has to take court permission to go abroad.
Samrat secured bail in a drugs case on April 11 and in an Arms Act case and a money laundering case on April 10.
The expelled Jubo League leader was under treatment at the prison cell of Bangabandhu Sheikh Mujib Medical University (BSMMU) Hospital from November 24 last year.
In October 2019, Rab detained Samrat and his associate Enamul Haque Arman from Chauddagram in Cumilla.
Rab raided his Kakrail office the next day. Huge quantities of foreign liquor, pistols, and two hides of kangaroo were seized from his office.
He was later sentenced by a mobile court to six months in prison under the Wildlife Conservation Act.
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Abdul Khaleque, deputy assistant director of Rab-1 lodged two complaints against Samrat at Ramna police station under the Arms and the Narcotics Acts. Arman was also made an accused in the narcotics case.
Shekhar Chandra Mallik, a sub-inspector, submitted a chargesheet against Samrat in the Arms Act case.
ACC lodged a complaint against him for acquiring assets worth Tk 2.94 crore beyond his known sources of income.
Rashedur Rahman, sub-inspector of CID, registered a case against him at the Ramna police station for laundering Tk 195 crore to Malaysia and Singapore. Last November, the investigating officer in the case submitted a charge sheet in court.