HC order
HC wants to know why ban on politics in Buet shouldn't be declared illegal; stays decision
The High Court on Monday stayed the decision of Bangladesh University of Engineering and Technology (Buet) authorities restricting politics on the campus.The HC bench of Justice Md Khasruzzaman and Justice KM Zahid Sarwar passed the order after hearing a petition filed by Imtiaz Rahim Rabbi, also a Buet student and a leader of Chhatra League, whose hall allotment was cancelled recently amid students’ protest against the gathering of some BCL leaders on the campus defying ban.
BCL no longer hiding its intention to rule BUET campusThe HC also issued a rule asking the government to explain as to why the decision of Buet authorities banning politics on the campus, taken in 2019, should not be declared illegal.Secretary to the Home Ministry, Buet Vice-Chancellor and its registrar were made respondents to the rule.Senior Advocate Shaha Manjurul Haque stood for the petitioner while Deputy Attorney General Samrendra Nath Biswas and assistant attorney general Abul Kalam Khan Daud represented the state.Advocate Manjurul said with this order there is no bar to continue student politics on the campus.On October 7, 2019, Abrar Fahad, a second-year student of Electrical and Electronic Engineering, was beaten to death by a group of Chhatra League (BCL) activists at the university's Sher-e-Bangla Hall in the early hours.On October 11, same year, Buet authorities banned student politics on the campus. It also issued a notification in this regard.
Don’t want BUET to become a breeding ground for negative political activities and militancy: QuaderOn July 19 2023, the Buet authorities again issued a notice prohibiting students and teachers from participation in politics on the campus. They issued the notice following media reports about the names of the members of BCL Central Committee where some students of Buet also got some posts in the committee.On Thursday night , some BCL leaders including the president Saddam Hossain entered the campus, sparking anger among general students.The staged demonstrations the following day protesting bid to revive political activities of BCL. They also held a press conference in front of Buet Shaheed Mianr on that day and continued their demonstration till Friday evening after taking position in front of the office of Directorate of Student Welfare on the campus.Later, the authorities concerned cancelled the hall allocation of Imtiaz who allegedly played a vital role in facilitating the entry of the BCL men.
A probe body was formed in this connection and it was asked to submit its report within April 8.
6 months ago
HC orders MP Salam Murshedy to hand over Gulshan house to govt
The High Court on Tuesday (March 19, 2024) ordered Khulna-4 MP and vice president of Bangladesh Football Federation (BFF) Abdus Salam Murshedy to hand over his residence in Gulshan to the Housing and Public Works Ministry.
The HC bench of Justice Md Nazrul Islam Talukder and Justice Kazi Ebadoth Hossain passed the order and asked Murshedy to complete the process within three months after receiving the copy of the verdict.
The court also said that the residence in Gulshan where Salam Murshedy is living is an abandoned property of the government.
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Senior Advocate Mohammad Syed Ahmed stood for Murshedy, Senior Advocate Khurshid Alam Khan for Anti-Corruption Commission (ACC) while deputy attorney general Saifuddin Khaled represented the state and Advocate Anik R Haque stood for the petitioner.
Advocate Syed said they will file an appeal petition challenging the verdict.
On October 30, 2022, Barrister Sayedul Haque Sumon filed a writ petition with the High Court seeking an inquiry into the allegations of corruption against the BFF official.
According to the writ petition, the house located in Gulshan-2 was listed as the abandoned house under the gazette in 1986. But Murshedy is living there after occupying it.
Three letters of the Housing and Public Works Ministry to the chairman of Rajuk issued on April 13, 2015, January 20, 2016 and July 4, 2022 were attached to the writ petition.
The Housing and Public Works Ministry sought explanation from Rajuk Chairman over the occupation of the house by Murshedy .
On November 1, 2022, the HC issued a rule asking the government to explain as to why the inaction of the authorities concerned in taking legal steps against the AL lawmaker for occupying the house illegally, should not be declared beyond legal authority.
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It also asked the authorities concerned to submit all documents regarding the house to the court.
On February 8 this year, the ACC in its investigation found the allegations of forgery and fraud over the house true and on the basis of information of witnesses and documents, the ACC filed a case against five people including Murshedy.
6 months ago
Schools to remain open during Ramadan as Appellate Division stays HC order
The Appellate Division on Tuesday (March 12, 2024) stayed the High Court order on keeping the primary and secondary schools closed during the month of Ramadan.
A 5-member Appellate Division bench led by Chief Justice Obaidul Hassan passed the order hearing an appeal filed against the High Court order.
Attorney General AM Amin Uddin stood for the state while Advocate AKM Faiz stood for the writ petitioner.
Attorney General AM Amin Uddin told reporters that following the Appellate Division order there will be no bar on running schools during Ramadan.
Primary, secondary schools to remain closed during Ramadan: HC
On March 10, the HC stayed for two months the government’s decision to keep the primary and secondary schools open in the first 10 and 15 days of Ramadan respectively.
The HC bench of Justice KM Kamrul Kader and Justice Khizir Hayat passed the order following a petition seeking closure of school activities during Ramadan.
Advocate Mahmuda Khanam stood for the writ petitioner while deputy attorney general Sheikh Md Saifuzzaman represented the state.
On February 8, the government amended the holiday list for educational institutions keeping the regular activities of secondary schools open for 15 days during the month of Ramadan. The Education Ministry issued a notice in this regard.
In another notice, the Primary and Mass Education Ministry issued a notice to keep the activities of primary schools during the month of Ramadan for ten days.
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Advocate Md Ilias Ali Mandal, a guardian, filed a writ petition on February 25, challenging the two orders of the government.
Secretaries to the Primary and Mass Education Ministry, Education Ministry, deputy secretary of Primary and Mass Education Ministry and deputy secretary of Education Ministry, Director General of the Directorate of Primary Education Department, Director of Child Welfare Trust were made respondents.
7 months ago
SC upholds HC order for demolishing Gulshan Shopping Centre
The Appellate Division on Monday (January 22, 2024) upheld the High Court order that ordered demolition of the Gulshan Shopping Centre in Dhaka's Gulshan-1 within 30 days.
A five-member bench of the Appellate Division, led by Chief Justice Obaidul Hassan, passed the order following a petition filed by the owners challenging the HC order.
In July 2023, two companies namely Bani Chitra and Films filed a writ seeking the HC directive to demolish Gulshan Shopping Centre citing safety concerns.
HC issues rule on inaction of the authorities to control fireworks and lanterns
Following the writ, on Dec 13, the HC bench of Justice Mustafa Zaman Islam and Justice Md Ataullah ordered the demolition of the center within a month.
Dhaka North City Corporation (DNCC), Rajuk and others were asked to implement this directive.
On July 13, 2023, Dhaka North City Corporation (DNCC) in a mobile court drive sealed off the shopping centre as it was found risky.
HC orders Dhaka court to hear bail pleas of Mirza Abbas, Annie
Regional Executive Officer and Executive Magistrate Zulkar Nayan and Executive Magistrate Md Mahbub Hasan conducted the mobile court.
In 2021, the Department of Fire Service and Civil Defence declared the market risky and abandoned due to the dilapidated building and lack of fire fighting system and sent a letter to the DNCC to take legal action regarding the issue on an urgent basis.
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Zulkar Nayan, regional executive officer and executive magistrate of Zone-3, said, "The shop owners were instructed repeatedly to vacate the building to prevent any kind of humanitarian disaster as the Gulshan-1 shopping centre is risky, but they did not vacate it."
8 months ago
Remove distorted version of ‘Karar Oi Louho Kopat’ from all online platforms: HC to BTRC
The High Court today (January 09, 2024) asked Bangladesh Telecommunication and Regulation Commission (BTRC) to remove the distorted re-composition of Bangladesh’s National Poet Kazi Nazrul Islam’s timeless song “Karar Oi Louho Kopat” from all online platforms, including Facebook and YouTube.
The HC bench of Justice JBM Hassan and Justice Razik-Al-Jalil passed the order after hearing a writ petition.
Barrister Mohammad Humayun Kabir, on behalf of ten lawyers of the Supreme Court and a human rights organisation Law and Live Foundation Trust, filed the writ petition on December 6.
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Secretaries to the Information and Broadcasting Ministry, Information and Communication Technology Ministry, Cultural Affairs Ministry, Bangladesh Telecommunication and Regulation Commission and Kabi Nazrul Institute were made respondents.
On November 19, Barrister Mohammad Humayun Kabir sent a legal notice to the respondents seeking directives to remove the “distorted” re-composition of the national poet’s song from all online platforms.
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The original composer and lyricist of the song is National Poet Kazi Nazrul Islam, according to the writ petition. Renowned Indian music composer AR Rahman re-composed the song which is used in the film “Pippa.”
“Karar Oi Louho Kopat” is an immortal song and generations of listeners will be confused if both the familiar tune composed by Bangladesh’s national poet and the “distorted” version are available on online platforms, reads the writ.
9 months ago
Khadija sits for examination shortly after release from jail
Khadijatul Kubra, a student of Jagannath University (JnU) who was released from Kashimpur central jail securing bail in two DSA cases on Monday (November 20, 2023) morning, sat for an examination shortly after her release.
Khadija was released from Kashimpur Women's Prison at 9 am on Monday and went directly to Jagannath University to take part in the semester final exam.
Although the exam started at 10 o'clock, she entered the hall at 11:30 am. She sat the exam in the fourth semester with two semesters lost.
Her elder sister Sirajum Monira said, "We came to the prison early in the morning. Then Khadija was released at 9 am. Khadija's semester final exam starts today that's why we came early in the morning."
Read: No bar to release JnU student Khadija from jail as SC upholds HC bail
Earlier, Khadija secured bail last Thursday. The bail order reached the jail authorities on Sunday evening.
Despite waiting a long time on Sunday, her relatives had to return without her because she was not given the permission to release.
The Appellate Division of the Supreme Court (SC) on Thursday upheld a High Court (HC) order that granted bail her in two cases under the Digital Security Act (DSA) in 2020.
In October 2020, police filed two cases against Khadija and retired Maj Delowar Hossain at the Kalabagan and New Market Police Stations for 'spreading anti-government propaganda and harming Bangladesh's reputation.'
Read: Rally held to demand release of Khadijatul Kobra
The allegations in the two cases filed a week apart, were similar.
Police arrested Khadija on September 17, 2022. She had been in jail since then.
According to the case details, Khadija and Delowar conspired to broadcast false, fabricated, and defamatory propaganda about the Prime Minister, various government agencies, and senior state officials in order to oust the country's legitimate administration. They were aiming to destroy communal harmony through their conspiracy by promoting enmity, hatred, and division among various communities, it said.
Read: Students demand release of JnU student Khadija
Khadija was 17 when the cases were filed under the Digital Security Act in 2020, but the case was filed showing her as an adult, according to her lawyer. Despite having kidney disease, Khadija's bail petitions were repeatedly denied by a Dhaka court.
On February 23 this year, Khadija was granted bail by the HC in the cases. The state filed a petition challenging the bail.
On July 10 of the year, the Appellate Division suspended the bail of Kubra for four months in two cases.
During the hearing, Khadija's lawyer Barrister Jyotirmoy Barua argued that she was not accountable for the opinions expressed by guests in videos on her YouTube channel.
Read more: JnU student Khadija’s bail suspended for 4 months in DSA cases
10 months ago
JnU student Khadija walks out of jail after over 14 months
Jagannath University (JnU) student Khadijatul Kubra was released from Kashimpur Women's Jail after securing bail in two cases under the Digital Security Act (DSA).
She was released after more than fourteen months of her arrest.
Confirming the matter, Khadiza's sister Sirajum Munira said, "We came here early in the morning. Khadiza walked out of the prison at 9am. Her semester final exam is today. For this reason, we came here very early."
No bar to release JnU student Khadija from jail as SC upholds HC bail
Earlier, Khadija secured bail last Thursday. The bail order reached the jail authorities on Sunday evening.
Despite waiting a long time on Sunday, her relatives had to return without her because she was not given the permission to release.
The Appellate Division of the Supreme Court (SC) on Thursday upheld a High Court (HC) order that granted bail her in two cases under the Digital Security Act (DSA) in 2020.
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A six-member bench of the Appellate Division headed by Chief Justice Obaidul Hassan passed the order after hearing a petition filed against the stay order of the Chamber Court.
In October 2020, police filed two cases against Khadija and retired Maj Delowar Hossain at the Kalabagan and New Market Police Stations for 'spreading anti-government propaganda and harming Bangladesh's reputation.'
The allegations in the two cases filed a week apart, were similar.
Police arrested Khadija on September 17, 2022. She had been in jail since then.
According to the case details, Khadija and Delowar conspired to broadcast false, fabricated, and defamatory propaganda about the Prime Minister, various government agencies, and senior state officials in order to oust the country's legitimate administration. They were aiming to destroy communal harmony through their conspiracy by promoting enmity, hatred, and division among various communities, it said.
JnU student Khadija’s bail suspended for 4 months in DSA cases
Khadija was 17 when the cases were filed under the Digital Security Act in 2020, but the case was filed showing her as an adult, according to her lawyer. Despite having kidney disease, Khadija's bail petitions were repeatedly denied by a Dhaka court.
On February 23 this year, Khadija was granted bail by the HC in the cases. The state filed a petition challenging the bail.
On July 10 of the year, the Appellate Division suspended the bail of Kubra for four months in two cases.
During the hearing, Khadija's lawyer Barrister Jyotirmoy Barua argued that she was not accountable for the opinions expressed by guests in videos on her YouTube channel.
Cases filed under DSA will continue, Law Minister tells Parliament
10 months ago
GM Quader cannot perform duties as JaPa Chairman, Chamber Judge stays HC order
The Appellate Division on Wednesday stayed the High Court order allowing Jatiya Party Chairman GM Quader to perform the duties of his post.
Chamber Judge of the Appellate Division M Enayetur Rahim passed the order following an appeal against the HC order.
The Appellate Division stayed the HC order till Monday for hearing in the full bench.
Read more: GM Quader can perform party activities: HC
With this order, the restriction on the activities of GM Quader as party chairman has been upheld, said plaintiff’s counsel Barrister Sayed Ahmed Raja.
On Tuesday, HC cleared the way for GM Quader to perform his duties as Jatiya Party Chairman by staying the lower court embargo till January 3 following a revision petition.
Jatiya Party's suspended leader and former lawmaker Ziaul Haque Mridha filed the case against GM Quader on October 4.
On October 30, Dhaka Joint District Sessions Judge court-1 issued a temporary embargo on the political activities of GM Quader.
On October 6, several lawyers including Sheikh Sirajul Islam and Kalim Ullah Majumdar stood for GM Quader with a petition to withdraw the ban on his political activities at the court.
In the petition, the lawyers also urged the court to lift the embargo to play his role as Chairman as per the constitution of the party that was dismissed by the same court on November 16.
Read more: JP: Court clears petition on withdrawal of ban of GM Quader’s party activities
Later, Quader filed a revision petition with the HC challenging the lower court order.
According to the case statement, the party’s founder HM Ershad died on September 14, 2019.
Quader declared himself as chairman of the party through forgery at a council on December 28, 2019 when a writ petition case was pending at the High Court.
Later, Quader as party chairman fired several leaders including Ranga, Gazipur metropolitan unit’s advisor Ataur Rahman Sarkar and Organising Secretary Sabur Sikdar, among others, by exercising his power as per the constitution of the party.
Besides, Ranga was also removed from the post of presidium member of the party on September 14 and Advocate Ziaul Hoque Mridha from the party on September 17.
In the case, orders were sought to declare all removals from December 28, 2019, to September 17, 2022 and council as illegal while the next council of the party to keep stayed unless the HC writ petition is disposed of.
1 year ago
Chamber Court declines to stay HC order on govt officials' arrest
The Appellate Division Chamber Judge on Wednesday refused to stay a High Court ruling that no prior permission is required to arrest a government official for a criminal offence.
Chamber judge Justice M Enayetur Rahim passed the order after hearing an appeal by the government seeking a stay of the HC order.
The appeal was sent to the full bench of the Appellate Division for further hearing Thursday.
Attorney General AM Amin Uddin appeared for the state, while writ petitioner's lawyer Manzill Murshid opposed the state's petition.
On August 25, the HC scrapped a provision of the Public Service Act, 2018, describing it as "unconstitutional".
"The Constitution is the country’s main law and as per the Constitution, everyone is equal in the eyes of the law," the court observed.
Read:No prior permission needed to arrest govt officials for criminal offence
"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 in a criminal case.
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 the Human Rights and Peace for Bangladesh, an non-profit.
On October 21, 2019, the HC 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".
2 years ago
HC orders Bagerhat municipal mayor to surrender
The High Court has ordered Bagerhat municipality mayor Khan Habibur Rahman to surrender within three weeks in a corruption case.
The HC bench of Justice Md Nazrul Islam Talukdar and Justice Md Mostafizur Rahman rejected his anticipatory bail and passed the order on Monday.
Deputy Attorney General AKM Amin Uddin Manik said the High Court didn’t grant him anticipatory bail rather asked to surrender within three weeks.
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The Anti-Corruption Commission (ACC) on November 25 last year filed two separate cases against Bagerhat municipality mayor Khan Habibur Rahman for embezzling government money for project and illegally appointing employees.
According to the sources, a case was filed accusing 18 people of Bagerhat municipality including the mayor, for illegally appointing 17 people and embezzling Tk 1.26 crore from the government treasury.
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Another case was filed against the mayor Khan Habibur Rahman and former secretary of Bagerhat municipality Mohammad Rezaul Karim for embezzling Tk 1 crore instead of constructing a complex building of Abahani Club and a Diabetic Hospital complex building in Bagerhat.
2 years ago