United News of Bangladesh

The High Court on Thursday dismissed the rule issued on a petition challenging the legality of the Chittagong Port Authority’s (CPA) ongoing process of signing an agreement with a foreign company to operate the New Mooring Container Terminal (NCT) at Chittagong Port. The bench of Justice Zafar Ahmed delivered the order after hearing arguments from lawyers on the matter. As a result, there remains no legal bar to the CPA proceeding with the agreement to hand over the operation of the New Mooring Container Terminal to a foreign operator. Additional Attorney General Anik R. Haque said the writ petitioners applied to the court of the Chamber Judge seeking a stay of the High Court verdict. The Chamber Judge issued a ‘no order’ in response to their application, thereby upholding the High Court’s verdict. Barrister Zamir Uddin Sircar, Advocate Ahsanul Karim and Barrister Mahbub Uddin Khokon represented the petitioners in the court. HC grants six-month bail to BCL leader Saddam on humanitarian grounds Earlier, on December 4, the High Court delivered a dissenting verdict on a rule concerning the legality of the Chattogram Port Authority’s ongoing process to sign an agreement with a foreign company to operate the New Mooring Container Terminal (NCT). A bench, led by Senior Justice Fatema Najib, declared the ongoing process of the Chattogram Port Authority to sign the contract with the foreign company for operating the NCT as ultra vires, citing violations of the 2015 Public-Private Partnership (PPP) Act and the 2017 guidelines of the Governance and Transparency Committee (GTC). However, Justice Fatema Anwar disagreed and discharged the rule, rejecting the writ petition. As per procedure, the dissenting verdict was sent to the then Chief Justice for final disposal. The Chief Justice then referred the matter to a single bench led by Justice Zafar Ahmed, who conducted hearings and delivered the verdict on Thursday. On February 17, 2019, a memorandum of understanding was signed between the Chattogram Port Authority and DP World under the PPP framework for the operation of the New Mooring Container Terminal. The writ petition, filed by Mirza Walid Hossain, president of Bangladesh Jubo Arthanitibid Forum, sought a directive for a fair and competitive bidding process, citing reports in national media questioning why the terminal, which already had all infrastructures in place, was being handed over to a foreign company. The petition also raised concerns about the legality of the ongoing process of signing the agreement with the UAE-based company. The High Court initially issued a rule on July 30 last year, seeking clarification on why the ongoing process of signing the contract with the foreign company should not be declared ultra vires under the PPP Act and related guidelines. The court also asked why a fair and competitive public tender should not be ensured before appointing any operator to manage the NCT. Following hearings on the rule, the High Court issued a dissenting verdict on December 4. BNP’s Gafur Bhuiyan cannot contest Cumilla-10 as HC rejects writ The New Mooring Container Terminal, one of the largest at Chittagong Port, was constructed in 2007. The port authority invested a total of Tk 2,712 crore in phases for the construction and equipment of the terminal. The terminal handles the majority of import and export containers passing through the Chattogram Port.

A writ petition was filed with the High Court on Wednesday seeking  its directive to postpone the 50th Bangladesh Civil Service (BCS) preliminary examination scheduled for January 30. The petition was filed by Enamul Haque and three other candidates before the relevant bench of the High Court, said petitioners’ lawyer Nazmus Sakib. Secretary of the Ministry of Public Administration, Chairman, Secretary and Controller of Examinations of the PSC and the Chief Election Commissioner (CEC) were made respondents in the petition. Read More: 48th Special BCS: 3,263 appointed to various cadres The petition sought a stay on the preliminary examination and disposal of a memorandum submitted earlier requesting postponement of the exam. On January 20, Enamul Haque along with a group of job aspirants submitted a memorandum to the PSC chairman demanding that all examinations be postponed during the election period to facilitate election campaigning. As no response was received from the authorities, the four candidates moved the High Court by filing the writ petition. The petitioners said they are seeking postponement of all government job examinations from January 21 to February 12 to allow them to campaign for a ‘yes’ vote in the upcoming referendum and ensure the participation of young voters in the election. Read More: Govt appoints 673 candidates from 27th BCS According to PSC sources, a total of 290,951 candidates have applied for the 50th BCS examination. Through the recruitment process, 2,150 candidates are to be appointed to cadre and non-cadre posts. Of the 1,755 cadre posts, up to 650 are allocated for the health cadre, 200 for the administration cadre and 117 for the police cadre.

The High Court on Sunday issued a rule asking why punitive action should not be taken against Chief Election Commissioner (CEC) A M M  Nasir Uddin for failing to comply with a court order. The HC bench of Justice Fahmida Quader and Justice Md Ashif Hasan issued the rule following a contempt petition filed by Supreme Court lawyer Md Eunus Ali Akond. Advocate Eunus Ali, representing the petitioner, told the court that on August 27 last year, the High Court had directed the CEC to dispose of a petition submitted by a Krishak Sramik Janata Party ,political party, for registration. Court bars disconnection of utility services to under-construction buildings However, the order was not implemented even after a long delay, he said. He added that due to non-compliance with the court’s directive a contempt of court petition was filed against the CEC, leading to the issuance of the rule.

The High Court has issued a six-month injunction restraining the authorities concerned from disconnecting electricity, gas and water connections to under-construction buildings in Dhaka. The order came in response to a writ petition filed by the Real Estate and Housing Association of Bangladesh (REHAB), seeking protection against the disconnection of utility services at construction sites. According to a media release issued by REHAB on Sunday afternoon, the court directed that during this period, WASA, RAJUK and the power division will not be able to disconnect any utility connections. Crowds surge on final day of REHAB Fair 2025 as buyers seek dream homes The bench of Justice Sikder Mahmudur Razi and Justice Raziuddin Ahmed passed the order recently. During the hearing, REHAB placed before the court the possible adverse impacts of disconnecting utility services. Taking these submissions into account, the court issued the interim order considering humanitarian aspects, including the daily lives of families living in partially constructed buildings and their dependence on water and electricity. In its order, the court said the authorities must refrain from disconnecting electricity lines, water connections or any other utility services for the next six months and maintain the status quo until final disposal of the matter. As a result of the order, owners and developers of the concerned buildings will get immediate relief from potential hardships. The court noted that disconnection of water and electricity often creates severe crises, which it took into consideration while issuing the injunction. REHAB said that over the past few months, more than 1,200 electricity meters were disconnected from various under-construction and partially completed buildings with the assistance of RAJUK, DESCO, DPDC and other power distribution companies. The association claimed that the disconnection of electricity and utility services at developers’ projects had effectively stalled many construction works. As a result, construction activities were halted, workers and related employees lost their jobs, flat handovers were delayed, and developers suffered significant financial losses. It also created complications such as difficulties in repaying bank loans, maintaining contracts with clients and stagnation of investments, which have had an overall negative impact on the housing sector, REHAB added. Citing these realities, REHAB moved the court, which subsequently issued the interim injunction against the authorities concerned.  

The High Court on Sunday deferred till October 26 the hearing on the bail petition filed by former Chief Justice ABM Khairul Haque in a case filed over the death of a Jubo Dal activist  at Jatrabari during the July uprising. The HC bench of Justice Md Zakir Hossain and Justice KM Rasheduzzaman Raja passed the order after hearing a petition filed seeking time. On August 11, the lawyers of Khairul Haque filed a petition seeking cancellation of the case and bail for their client. HC Rule: Delta Medical College and Hospital faces Tk 5 crore compensation for breaking newborn's hand The state counsel filed a petition seeking time for one week in the case that led to chaos at the court. Later, the court fixed Sunday for hearing the petition. On July 24 this year, detectives arrested Khairul from his Dhanmondi residence.

The High Court on Thursday asked the local administration to submit within two months a list of those involved in the plundering of natural stones from Bholaganj tourist area in Sylhet district. The HC also directed the administration to recover the looted stones, better known as sada pathor, and dump thse into the previous places within seven days. The HC bench of Justice Kazi Zinat Hoque and Justice Aynun Nahar Siddiqua passed the order after hearing a writ petition. UP chairman held over stone theft from Sada Pathor in Sylhet The HC also said why the local administration should not be held responsible for their inaction to prevent the looting. Besides, the court also asked to form a high-level probe body headed by a Buet expert to determine the financial and environmental damage following the extraction of the stones. The local administration has been asked to submit the progress report of the court order’s by next Thursday. Advocate Manzill Murshid stood for the petitioner. Sada Pathor: 12,000 cubic feet stones recovered The HC also issued a rule asking the government to explain as to why the ineffectiveness of the local administration in connection with the looting of stones, should not be declared illegal. It also issued another rule asking the government to explain as to why directives should not be given to take steps in conservation of the area. The HC issued another rule asking the government to explain as to why the area should not be declared as an ecologically critical area according to section 5 of the environmental law and why an order won’t be given to recover compensation from those who have looted these stones and harmed the environment. Secretary to the Environment, Forest and Climate Change Ministry, Superintendent of Sylhet Police, BGB, Rab and local administration have been made respondents to the rule. Meanwhile, another HC bench of Justice Fahmida Quader and Justice Sayed Jahed Mansur fixed August 17 (Sunday) for hearing another writ petition filed seeking legal action against those involved in looting the stones from Sada Pathor area. The writ also sought deployment of additional law enforcement agencies in the Sada Pathor area.    

The High Court on Monday issued a rule asking the government to explain as to why directives should not be given to declare Abu Sayed, Mir Mugdho, Wasim and other martyrs of July uprising as national heroes. The HC bench of Justice Fahmida Quader and Justice Sayed Jahed Mansur issued the rule responding to a writ petition. The HC also issued another rule asking the government to explain as to why directives should not be given to prepare a reliable list of the martyrs of the movement and issued a gazette notification. It also issued another rule asking the government to explain as to why Professor Muhammad Yunus, the chief adviser of the interim government, will not be declared the National Reformer of new Bangladesh. Cabinet Secretary, Law Secretary and officials concerned have been made respondents to the rule which is returnable in four weeks. Appointment of administrator to Nagad legal: High Court Advocate Mohammad Ali Jinnah stood for the petitioner while assistant attorney general Ikramul Kabir represented the state. Earlier in February, a writ petition was filed seeking the declaration of Prof Yunus as the National Reformer and urging the government to publish the official list of those killed in the 2024 uprising and recognise them as national martyrs. Imdadul Haque, a member of the Dhaka Union of Journalists, filed the writ petition.

A writ petition was filed with the High Court (HC) on Sunday seeking its directives to form a judicial commission to probe the murder of scrap trader Lal Chand alias Md Sohag in front of Mitford Hospital in Old Dhaka recently. Supreme Court lawyer Dr Md Yunus Ali Akanda filed the writ petition with the HC section concerned. Speaking reporters after filing the petition, he said directives were sought to arrest the accused those involved in the murder directly. Hearing on the writ petition is expected to be held tomorrow (Monday) at the bench of Justice Kazi Zinnat Hoque and Justice Aynun Nahar Siddiqua, he said. On July 9, a group of people killed the 39-year-old vendor indiscriminately by stabbing and hitting with a knife and a stone in front of the hospital in broad daylight. Appointment of administrator to Nagad legal: High Court A video showing the brutality went viral on social media, triggering severe outcry in the country. University students, activists of political parties staged demonstrations demanding the arrest of the killers immediately. Victim’s elder sister Manjuara Begum filed a murder case naming 19 people and 15 to 20 unidentified ones with Kotwali Police Station and police filed another case under the Arms Act. Meanwhile, BNP has expelled five leaders of Jubo, Swechasebak and Chhatra Dal from the party for their alleged involvement in the murder.

The High Court (HC) on Wednesday instructed the authorities concerned to reinstate former Deputy Assistant Director (DAD) of Anti-Corruption Commission (ACC) Sharif Uddin in the job, declaring his termination made during the Awami League government as illegal. A two-member tribunal of Justice Md Rezaul Hasan and Justice Biswajit Debnath passed the order on completion of long legal procedures, said senior lawyer Md Salah Uddin Dolan who stood for Sharif in the court. The former ACC official was present during the delivery of the verdict.     The court also instructed the authorities to execute the order within 30 days after obtaining the copy of the verdict and ensure seniority and other facilities for him when he will join the job. On February 16, 2022, Sharif was terminated from his position, citing no ground which triggered severe outcry on social media across the country. Appointment of administrator to Nagad legal: High Court On March 13 of the same year, the victim submitted a writ with the HC seeking his reinstatement in the job. After the primary hearing on February 6 last year, the HC issued a rule asking why his termination would not be declared illegal and his job would not be returned. On Tuesday, the court held a hearing on the ruling and set Wednesday for delivering the judgment. ACC lawyer Asif Hasan said the anti-graft commission will be apprised of the verdict and they (ACC) will decide regarding the appeal challenging the order.

The Appellate Division on Sunday stayed the effectiveness of its 2018 judgment that approved the much-debated service discipline rules for lower court judges. A six-member bench led by Chief Justice Dr Syed Refaat Ahmed passed the order. The same bench also granted leave to appeal against the earlier verdict that had endorsed the controversial rules. Following the order now there is no legal bar to continuing the ongoing High Court hearing on a writ petition concerning Article 116 of the Constitution, said lawyer Mohammad Shishir Monir. Attorney General Md Asaduzzaman represented the state during the hearing. Earlier on June 26, the court fixed June 29 for delivering the verdict on the review petition filed against the Appellate Division’s 2018 judgment which had approved the much-debated discipline rules for lower court judges. On that day, lawyer Mohammad Shishir Monir argued in favour of the review while Attorney General Md Asaduzzaman opposed it. Appointment of administrator to Nagad legal: High Court Talking to reporters after the order Advocate Shishir Monir said, “We told the court that the 2018 discipline rules were imposed by the then acting Chief Justice practically assaulting the judiciary. Previously, nine judges had delivered different orders on this issue. The government through the judiciary forced to introduce the gazette on lower court judges’ service rules—something unprecedented in judicial history.” That’s why we filed the review petition with the court’s permission seeking its urgent consideration,” he added. The dispute over lower court judges’ service rules traces back to the landmark Masdar Hossain case verdict of December 2, 1999, when the Appellate Division issued 12 directives for judicial independence including a clear separation of the judiciary from the executive branch. The Appellate Division upheld this landmark verdict in 2005.