High Court
Redrawing boundary of Pirojpur-1 and 2 constituencies legal: HC
The High Court (HC) on Sunday turned down a writ petition challenging the legality of redrawing the boundaries of Pirojpur-1 and 2 constituencies by the Election Commission(EC).
The HC bench of Justice Farah Mahbub and Justice Muhammad Mahbub Ul Islam pronounced the judgment.
The court said that the Election Commission redrew the parliamentary constituencies as per the EC rules and there was no violation of tules.
Read: HC turns down Khaleda’s plea seeking cancellation of charge framing in Niko graft case
Senior lawyers MK Rahman, Sayeed Ahmed Raja stood for the writ petitioners, Advocate Kamal Hossain Miaji represented the EC and Deputy Attorney General Samarendra Nath Biswas and Assistant Attorney General Abul Kamal Khan Daud stood for the state during the hearing.
Earlier the Pirojpur-1 constituency consisted of Sadar, Nazirpur and Nesarabad upazilas and Pirojpur-2 constituency was consisted of Kawkhali, Bhandaria and Indurkani upazilas.
Indurkani upazila was included in Pirojpur-1 constituency and Nesarabad upazila was also added to the Pirojpur-2 constituency.
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On June 3 this year the EC issued a gazette notification over the re-drawing of the constituencies.
Later Kawkhali’s resident Abu Sayeed Miah, Bhandaria’s Md Kaykobad, Md Ahsanul Kibria, Indurkani’s Akteruzzaman and Nesarabad’s Nazmul Islam submitted a writ petition challenging the legality of the EC’s gazette notification.
Fisheries and livestock minister SM Rezaul Karim is the lawmaker of Pirojpur-1 constituency while Jatiya Party lawmaker Anwar Hossain Manju is the lawmaker of Pirojpur-2 constituency.
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On July 30, the HC issued a rule over the legality of the boundary re-drawing the two constituencies.
The Chief Election Commissioner (CEC) and others concerned were made respondents to the rule who were asked to respond within two weeks.
HC turns down Khaleda’s plea seeking cancellation of charge framing in Niko graft case
The High Court (HC) on Wednesday rejected the revision petition filed by BNP Chairperson Khaleda Zia challenging framing of charges against her by the trial court in the Niko graft case.
The HC bench of Justice Mustafa Zaman Islam and Justice Md Aminul Islam passed the order after hearing the revision petition in this regard, said Anti-Corruption Commissioner’s (ACC) Counsel Khurshid Alam.
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As a result, there is no legal bar to continuing the case in the trial court, he said.
Senior lawyer AJ Mohammad Ali and Barrister Kaisar Kamal stood for the BNP chairperson and Attorney General A M Aminuddin and Additional Attorney General Mehedi Hasan Chowdhury represented the state in the court.
On December 9, 2007, the Anti-Corruption Commission filed the case accusing Khaleda and four others of causing a loss of Tk 137.77 billion to the state by signing an oil and gas exploration deal with Canadian company Niko on behalf of the state that was deemed against Bangladesh's national interests and swayed by graft.
The anti-graft body pressed charges in court against 11 people, including Khaleda, in May 2008.
The other accused in the case are former principal secretary Kamal Uddin Siddique, Khandaker Shahidul Islam, CM Yusuf Hossain, former Bapex general manager Mir Mainul Haq, Giasuddin Al Mamun, former parliamentarian MAH Selim and former vice-president of South Asia affairs of Niko Kashem Sharif.
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Among the accused, BNP Standing Committee Member Barrister Moudud Ahmed, former state minister AKM Mosharraf Hossain and former secretary of Bapex Shafiur Rahman died during the trial proceedings.
Khaleda was sent to the Old Dhaka Central Jail as a lower court sentenced her to five years' imprisonment in the Zia Orphanage Trust corruption case on February 8, 2018. Later, she was found guilty and convicted in another corruption case the same year.
Read: HC asks BTRC to remove Tarique's speeches from social media; judges leave courtroom amid pro-BNP lawyers’ loud protests
Amid the coronavirus outbreak, the government temporarily freed Khaleda Zia from jail through an executive order suspending her sentence on March 25, 2020, with the condition that she stay in her Gulshan house and not leave the country.
HC asks BTRC to remove Tarique's speeches from social media; judges leave courtroom amid pro-BNP lawyers’ loud protests
The High Court today (August 28, 2023) directed Bangladesh Telecommunication Regulatory Commission (BTRC) to remove all speeches and video content of BNP’s Acting Chairman Tarique Rahman from social media platforms.
Justice Md. Khasruzzaman and Justice Md Khairul Alam passed the order.
However, the courtroom witnessed a chaotic scene as pro-BNP lawyers were loudly protesting the order.
At one point, Justice Md. Khasruzzaman and Justice Md Khairul Alam left the courtroom amid the cacophony. Pro-BNP lawyers were shouting “shame, shame” while the justices were leaving the courtroom.
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As of 2 pm, the justices did not return to the courtroom.
Barrister Kaiser Kamal, Law Affairs Secretary of BNP, said that a no confidence appeal against the bench had been submitted to the Chief Justice.
The origin of this case traces back to 2015 when Nasreen Siddiqui Lina, a lawyer of the Supreme Court, filed a petition seeking a ban on Tarique Rahman’s videos on social media.
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On January 7, 2015, during the hearing of the writ petition, a bench headed by Justice Qazi Reza-ul Hoque and Justice Abu Taher Saifur Rahman issued an interim order alongside a ruling. The order inquired why instruction will not be given for prohibiting the publishing of Tariq Rahman's speeches.
Multiple government officials and media figures, including the Information Secretary, Home Secretary, Law Secretary, Inspector General of Police, Director General of BTV, Chairman of BTRC, Chief News Editor of Ekushey TV, Editor of Kaler Kontho, and Tarique Rahman himself were made respondents.
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After an interval of eight and a half years, Kamrul Islam, a lawyer representing the writ petition, sought a hearing on August 2.
On August 8, as the case was being heard, a confrontation erupted between pro-AL and pro-BNP lawyers.
The Daily Star's report on 'S Alam's Aladdin's lamp': HC for probe into allegation
The High Court on Sunday (August 06, 2023) asked the authorities concerned to investigate the allegations brought against S Alam Group over "transferring money abroad and investing in foreign countries without permission from Bangladesh Bank" and submit the report within two months.
The HC bench of Justice Md Nazrul Islam Talukder and Justice Khizir Hayat passed the sue moto rule when Barrister Syed Sayedul Haque Suman, a prominent lawyer of the Supreme Court, drew the attention of the court after attaching a report published by The Daily Star with the headline "S Alam's Aladdin's lamp".
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The HC also asked the Anti-Corruption Commission (ACC) to submit a report to Bangladesh Bank and Bangladesh Financial Intelligence Unit after inquiring into whether there is any money laundering issue or whether S Alam Group took permission from Bangladesh Bank.
It also issued a rule asking the government to explain why the failure of the respondent to prevent the money laundering issue should not be declared illegal.
The HC issued another rule asking the government to explain why directives should not be given to investigate the allegations against S Alam Group and why necessary steps should not be taken against the person and organisation involved in the incident.
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Barrister Syed Sayedul Haque Suman was present, while senior lawyer Khurshid Alam Khan stood for ACC and Deputy Attorney General Saifuddin Khaled represented the state.
Earlier, on August 4, The Daily Star published a report titled "S Alam's Aladdin's lamp".
According to the report, S Alam Group owner Mohammed Saiful Alam has built a business empire in Singapore worth at least about USD 1 billion, although there is no record of him taking permission from Bangladesh Bank to invest or transfer any funds abroad.
The central bank has so far allowed 17 companies to invest outside the country, and the Chattogram-based business giant is not on that list, says the report. Yet in Singapore, Alam bought at least two hotels, two homes, one retail space, and other properties over the last one decade, all the while seeking to remove his name from the paper trails, it adds.
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"As of January 10, 2023, the central bank has cleared roughly about USD 40.15 million to be invested abroad globally, a Bangladesh bank document shows. The figure is 10 times less than what Alam has spent just to buy two hotels and one retail space – worth over USD 411.8 million – in Singapore since 2009," the report says.
"The Bangladesh Bank document also shows that just over USD 107,000 have so far been sent to Singapore legally by a number of companies, and none of them is owned by Alam," The Daily Star report says.
HC asks Dr Yunus to pay over Tk 12 crore as donation tax
The High Court on Wednesday (May 31, 2023) asked Nobel Laureate Professor Dr Muhammad Yunus to pay over Tk 12 crore as donation tax to the National Board of Revenue (NBR).
The HC bench of Justice Muhammad Khurshid Alam Sarkar and Justice Sardar Md Rashed Jahangir passed the order after rejecting the petition of Dr Yunus challenging the notice of NBR.
Barrister Mostafizur Rahman stood for Dr Yunus while Attorney General AM Amin Uddin represented the state.
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On May 23, Dr Yunus filed a petition challenging the notice issued by NBR claiming tax Tk 15 crore on donation.
The HC fixed May 31 for hearing the petition.
According to the petition, NBR served three separate notices claiming Tk 12,28,74,000 as tax against Tk 61.57 crore as donation during 2011-2012 fiscal year, Tk 1.60 crore tax against Tk 8.15 crore as donation in 2012-2013 FY and Tk 1.50 crore as tax against Tk 7 crore as donation in 2013-2014 FY as per the Donation Tax-1990.
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Mitu Murder: HC dismisses writ challenging charge framing against ex-SP Babul
The High Court on Tuesday (May 09, 2023) dismissed a writ petition filed by former Superintendent of Police Babul Akhter challenging the legality of framing charges against him in the murder case of his wife Mahmuda Khanam Mitu.
The HC bench of Justice SM Kuddus Zaman and Justice Shahid Noor Uddin passed the order.
Now there is no legal bar to continuing the trial proceeding against him in the judicial court.
Deputy Attorney General Sujit Chatterjee Bappi represented the state while Advocate Mohammad Shishir Monir appeared for Babul Akhter.
Read More: Mitu murder: PBI submits chargesheet against ex-SP Babul, 6 others
Earlier on March 13, a Chattogram court framed charges against seven people including Babul Akhter in Mitu murder case. Later, Babul Akhter appealed to the High Court challenging the validity of it.
On June 5, 2016, Mitu was stabbed and shot dead when she was walking her son to his school bus stop at the port city's GEC intersection.
On June 6, 2016, Babul filed a case with Panchlaish Police Station.
On September 13, the Police Bureau of Investigation (PBI) pressed the charges against Babul Akter and six others in a case filed over the killing of his wife Mahmuda Khanam Mitu.
Read More: Why Babul Akter should not be granted bail: HC
Abu Zafar Md Omar Faruk, inspector of PBI and also the investigation officer of the case, submitted the chargesheet to the prosecution unit of the Chattogram court.
The case was transferred to the Police Bureau Investigation (PBI) in 2019 after Mitu's father, himself a retired police officer, filed a complaint against the CMP's mishandling of the case.
On May 12, 2021, the PBI submitted its final report and arrested Babul Akter in another case filed by Mitu’s father and since then he has been in prison.
Babul Akhter also filed a no-confidence petition against the PBI report on October 14, 2021.
Read More: Ex-SP Babul shown arrested in case filed by him
On November 3 last year, a Chattogram Court rejected the final report of PBI in the murder case and ordered it to conduct further investigation.
HC rejects writ filed against Khulna Wasa MD
The High Court on Sunday rejected a writ petition filed challenging the legality of the appointment of Khulna Water Supply and Sewerage Authority (WASA) Managing Director Md Abdullah.
The HC bench of Justice Md Nazrul Islam Talukder and Justice Khizir Hayat rejected the writ petition.
Advocate Emdadul Haque Bashir stood for the petitioner while Advocate Syed Mahsib Hossain represented the Wasa MD.
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Advocate Syed Mahsib, said the authorities concerned appointed Md Abdullah as the managing director of Khulna Wasa in 2009 but the writ petition was filed in 2023.
The petition also sought investigation into the graft allegation against the Wasa MD.
However, the Anti-Corruption Commission did not find any evidence of corruption against him. That’s why the HC rejected the petition, said Advocate Mahsib.
According to the writ petition, Md Abdullah was appointed as Wasa MD in 2009 for a three-year term and his tenure has been extended for several times.
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Secretaries to the Local Government, Rural Development and Cooperatives Ministry, Public Administration Ministry, deputy secretary of Local Government (Water supply), Chairman of PSC, Authorities concerned of Khulna WASA, chairman of Khulna WASA, Anti-Corruption Commission and Khulna WASA MD have been made respondent to the rule.
26, 777 out of 30,000 hacked documents recovered: Rajuk tells HC
Rajdhani Unnayan Kartripakkha (Rajuk) on Tuesday informed the High Court that some 26,777 out of total 30,000 documents which were disappeared from its server have been recovered.
Imam Hasan, a lawyer who stood for Rajuk, presented the information to the High Court bench led by Justice Nazrul Islam Talukder .
Hasan also said that the documents were hacked from the server by cybercriminals, but those have been retrieved.
The deleted files have been recovered by the consulting firm Technohaven Company Limited, according to Rajuk.
Following the update, the High Court directed the three-member inquiry committee of the Anti-Corruption Commission (ACC) to submit a report within 60 days of receiving the order and fixed July 9 for next order.
Lawyer Md. Khurshid Alam Khan stood for the ACC while Deputy Attorney General AKM Amin Uddin Manik represented the state.
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The incident was first reported by Prothom Alo on December 29, 2022, with a headline stating '30,000 customers’ documents are missing from Rajuk.'
On January 2, senior lawyer Khurshid Alam Khan brought the report to the attention of the court.
Following this, the High Court sought an explanation from the Rajuk Chairman and asked the ACC to investigate the matter.
On Tuesday, Rajuk filed an affidavit confirming the recovery of the missing documents, while the ACC said that they are currently investigating the incident. The committee has already requested information from Rajuk.
According to Rajuk's affidavit, on December 6, 2022, the documents stored in BDCSL's data center were deleted, and the Construction Permit (CP) system was stopped after a malicious attack. The system was later reactivated on December 21.
On December 22, Rajuk filed a GD at Motijheel police station, while on January 26, they made an agreement with Buet for investigation over the incident. Buet's investigation team submitted an interim report on the matter on April 29, and their final report is expected soon.
Rape case against Tangail AL leader Kibria: SC stays bail of Kibria, his wife
The Chamber Judge of the Appellate Division on Sunday stayed the High Court order that had granted bail to Golam Kibria Boro Monir, vice-president of Tangail district unit Awami League and his wife Nigar Aftab in a rape case.
Chamber Judge of the Appellate Division Justice M Enayetur Rahim passed the order.
It also asked Kibria, also the general secretary of District Bus Minibus Owners Association, to surrender before the lower court within two weeks.
Advocate Yusuf Hossain Humayun stood for the accused while Deputy Attorney General Sarwar Hossain Bappi represented the state.
On April 5, a 17-year-old girl lodged a complaint against Kibria for violating her with Sadar Police Station.
According to the case statement, Kibria had a conflict with the brother of the girl over the ownership of a portion of property.
On December 17, Kibria asked the girl to meet him at a building at Court area in the district and tried to make physical relations with the girl. As the girl refused to do so, he snatched away the mobile phone of the girl and violated her after confining in a room.
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Kibria also threatened to kill her if she disclosed the matter to anyone, said the statement.
When the girl got pregnant, Kibria put pressure on her for abortion.
Being refused, the girl was abducted to the house of Kibria’s in-laws on March 29 where Kibria’s wife beat her up physically.
She was again violated there.
When the girl fell sick they brought the girl to her house at the dead of night.
The girl also made her statement under section 22 before the court.
Rana Plaza owner Rana’s bail order stayed
The Appellate Division on Sunday stayed a High Court (HC) order until May 8 that granted bail to Sohel Rana, the owner of the ill-fated Rana Plaza that collapsed in 2013 leaving 1,138 RMG workers dead, in a murder case over the deadly incident in Savar.
Chamber Judge Justice Md Abu Zafor Siddique passed the order after hearing a petition submitted by the state seeking a stay order in this regard.
Deputy Attorney General Sarwar Hossain and Assistant Attorney General Saiful Islam represented the state while former Food Minister Advocate Kamrul Islam stood for the accused.
On that day (May 8), the regular bench of the Appellate Division will hold a hearing upon a petition to be submitted by the state, Assistant Attorney General Saiful said.
Earlier on April 6, a High Court bench granted bail to Rana in the case.
The HC bench of Justice Akram Hossain Chowdhury and Justice Shahed Nuruddin granted bail to Rana declaring the HC rule in this regard valid.
Advocate-on-record Sufia Khatun, on behalf of the state, filed a petition seeking a stay on the Rana’s bail order on Sunday.
On April 24, 2013, Rana Plaza, an illegally-constructed building in Savar which housed five garment factories, came down crashing, killing 1,138 people and injuring over 2,000 others.
Read more: Rana Plaza Collapse: HC grants bail to prime accused Rana
Trial in the murder case filed over Rana Plaza collapse began officially on January 31, 2022 by recording statements of the witnesses.
On July 18, 2016, Dhaka District and Session Court Judge SM Kuddus Zaman framed charges against the accused and passed an order to begin the trial.
But it got barred as most of the accused appealed to the higher court challenging legality of the order.
On January 31 last year, after clearing the appeals, District and Sessions Court Judge AHM Habibur Rahman Bhuiyan recorded the statement of plaintiff, then Sub-Inspector of Savar police station Wali Ashraf.
Over the tragic incident then SI of Savar police station Wali Ashraf filed a murder case accusing the owner and others of dereliction and negligence in building construction.
On June 1, 2015, Assistant Superintendent of Crime Investigation Department (CID) of police Bijoy Krishna Kar submitted charge sheet in the case against 41 people including the building owner Sohel Rana.
A total of 594 people were made witnesses in this case.