The Appellate Division of the Supreme Court on Thursday (May 18, 2023) rejected a writ petition filed challenging the legality of the election of Md Shahabuddin as president of the country. The eight-member bench of the Appellate Division, led by Chief Justice Hasan Foez Siddique passed the order and fined the writ petitioner Advocate MA Aziz Tk one lakh “for wasting the court’s time” by filling an “illogical writ petition.” The other members of the bench are: Justice Md. Nuruzzaman, Justice Obaidul Hassan, Justice Borhanuddin, Justice M. Enayetur Rahim, Justice Md. Ashfaqul Islam, Justice Md. Abu Zafor Siddique, Justice Jahangir Hossain. Also read: Supreme Court to conduct judicial activities physically from Wednesday Advocate MA Aziz Khan stood for the petitioner while Attorney General MA Amin Uddin represented the state. On March 7, a writ petition was filed challenging the legality of the process for electing Md Shahabuddin as president and publication of the gazette notification by the Election Commission. The writ petition also sought a stay order of the operation of the gazette notification issued by the Election Commission. On March 15, the High Court rejected the writ petition. On March 21, an appeal petition was filed against the HC order that has rejected the writ petition. Read more: Lawyers can play a big role to ensure good governance: President
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.
The High Court on Monday dismissed a writ petition challenging the legality of cancellation of Gazipur City Corporation’s (GCC) former mayor Jahangir Alam’s nomination paper for the mayoral post in the upcoming GCC election. The HC bench of Justice Farah Mahbub and Justice Mohammad Mahbub-Ul-Alam rejected the petition saying that he was a loan defaulter till the submission day of the nomination paper which made him ineligible. Former Additional Attorney General MK Rahman appeared for the petitioner while Attorney General A M Amin Uddin for the state. Also Read: Cancellation of nomination: Ex Gazipur mayor Jahangir files petition at HC The writ petition was submitted to the HC bench concerned a week after Gazipur’s Returning Officer (RO) Faridul Islam cancelled his nomination paper in a primary scrutinization, as he is a “loan defaulter”. On May 4, Jahangir appealed to Dhaka divisional commissioner against the cancellation; the appeal was rejected on the same day. After being rejected, Jahangir moved the HC, challenging the cancellation. Also Read: Gazipur City polls: Ex-mayor Jahangir’s nomination cancelled; mother’s nomination valid On April 30, during primary scrutinization, Jahangir’s nomination was cancelled while his mother Zaida Khatun’s nomination was declared valid. Jahangir was the guarantor of an industrial organization. He was declared a loan defaulter along with the organization, the returning officer said. Though the former mayor and his counsel submitted documents demonstrating paying off the loan along with the nomination paper, the returning officer cancelled his nomination during the scrutinization.
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. Also Read: Writ petition seeks probe into graft allegation against Khulna Wasa MD 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. Also Read: Decision to award performance bonus to Wasa staffers illegal: HC 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.
A High Court bench today felt “embarrassed” to hear a writ petition filed challenging the process of electing Mohammad Shahabuddin as president. The bench of Justice Farah Mahbub and Justice Ahmed Sohel was set to hear the petition. But it forwarded the petition to the chief justice for a decision, saying one of the bench members felt embarrassed to hear the writ petition. Justice Ahmed Sohel expressed embarrassment, saying he was a lawyer at Anti-Corruption Commission for five years. Also Read: Controversy over President-elect unexpected: CEC Supreme Court lawyer MA Aziz Khan filed the writ petition with the concerned branch of the High Court on March 7. The Election Commission and the Chief Election Commissioner (CEC) had been made respondents in the writ petition. The writ petition was filed challenging the process through which the president was elected, and the gazette that was published later. “Mohammad Shahabuddin was a former Commissioner of Anti-Corruption Commission (ACC). According to Section 9 of the ACC Act 2004, A former ACC Commissioner is not permitted to hold any profitable position,” he said. Mohammad Shahabuddin, a retired judge and former Commissioner of the Anti-Corruption Commission, was elected as the country's 22nd president. On February 13, a gazette was issued declaring him elected as President of Bangladesh under Section 7 of the Presidential Election Act, 1991. Mohammad Shahabuddin will succeed current President M. Abdul Hamid after his term expires on April 23.
The High Court on Thursday (February 16, 2023) asked the authorities concerned not to force students to disclose their marital status in admission forms in educational institutions in Bangladesh. The HC bench of Justice Naima Haider and Justice Md Khairul Alam passed the order after hearing a writ petition. Deputy Attorney General Amit Das Gupta represented the state. On November 14, 2017, Advocates Fariha Ferdous and Nahid Sultana filed a writ petition attaching a report published in a national daily headlined “What the girl will do now?”. Also read: SC stays HC order on Boi Mela stall allotment for Adarsha Prokashoni According to the report, on June 6, 2013, a class X girl was raped but the rapists denied the allegation. When the girl became pregnant, she was admitted to the one-stop crisis centre of Rajshahi Medical College and Hospital and she lodged a complaint against the rapist, said the report. Police arrested the rapist and a DNA test proved that the rapist was the father of the child. Later, a court ordered sending the girl to residential centre under Rajshahi division ‘Women Assistance Programme’ of the government. Read More: Corruption allegations against ex-Gazipur mayor Jahangir: HC asks to complete probe within 6 months During living at the centre, the girl appeared in the Secondary School Certificate (SSC) examination and during her exam she gave birth to a baby boy on February 19, 2014. Meanwhile, she passed the SSC exam with GPA 4.3 and appeared her Higher Secondary Certificate (HSC) examination from there. Later, she was sent to her house and also passed the HSC exam with GPA 3.17. On May 30, 2017, a court sentenced the rapist to life imprisonment and asked to bear the expenses of the baby boy. The court also fined him Tk one lakh. Read More: N’ganj 3 children torture: HC grants 4-week anticipatory bail to Gopaldi municipality mayor She was put in the category of married women during the public examinations though she was unmarried. The girl was unable to fill up the admission form of a nursing college due to her marital status as she was not married and had a child. On December 11, 2018, the HC issued a rule asking the government to explain as to why the option of marital status in admission process in educational institutions should not be declared unconstitutional. The HC also issued another rule asking the government to explain as to why directives should not be given to formulate a meaningful policy in this regard. Read More: HC orders Kushtia DC to probe ragging of a female student at IU The court also asked to take steps so the girl can get enrolled in a nursing college immediately.
A writ petition was filed with the High Court on Thursday seeking its directive to investigate about properties of 459 Bangladeshi nationals in Dubai. Advocate Subir Nandi filed the writ petition attaching a report in this regard published in a national daily. Read more: ACC may submit progress report of probe against Wasa MD within 15 days: HC The petition was moved to the HC bench of Justice Md Nazrul Islam Talukder and Justice Khizir Hayat and the court fixed January 15 for hearing. Anti-Corruption Commission (ACC), Bangladesh Financial Intelligence Unit (BFIU), National Board of Revenue (NBR) and Criminal Investigation Department (CID) have been made respondents in the writ petition. According to the report, a huge amount of money has been transferred to Dubai from different parts of the globe including Bangladesh openly and secretly. Based on a report of US-based Centre for Advanced Defense Studies, the EU Tax Observatory said 459 Bangladeshis have purchased properties in Dubai concealing the information in their own country and the number of properties was 972 in 2020. Read more: HC orders probe into Tk 1500 cr embezzlement allegation against FMC dockyard MD According to the report, Bangladeshis have purchased properties worth approximately one billion dollar during this period and Bangladeshi people were the top buyers in the real estate sector of Dubai. The United Arab Emirates (UAE) is now in any way trying to boost foreign investment. For this, it is offering various facilities for rich people from abroad to buy properties. Experts believe that huge amount of money are being transferred due to the lack of effective and strong measures to stop money laundering, it said.
The High Court on Tuesday (November 01, 2022) issued a rule questioning why the authorities’ failure and inaction to free a house from Awami League MP Abdus Salam Murshedy’s illegal occupation will not be declared illegal. It also directed the authorities concerned to submit all documents regarding allotment of the abandoned house in the capital’s Gulshan to Awami League MP Abdus Salam Murshedy. Rajdhani Unnayan Kartripakkha (Rajuk) chairman, Housing and Public Works secretary and Khulna-4 constituency MP Murshedy have been asked to submit the documents within 10 days in affidavit form. Read more: Salam Murshedy elected MP uncontested The High Court bench of Justice Md Nazrul Islam Talukder and Justice Khizir Hayat came up with the directive during a hearing on a writ petition filed in this regard in the public interest. The court has fixed November 13, for the next hearing. Petitioner Supreme Court lawyer Syed Sayedul Haque Suman said the abandoned house in Gulshan is the property of the Ministry of Housing and Public Works but the Khulna-4 MP illegally occupied it with the help of Rajuk. Read more: Defaming PM: HC grants bail to Rajbari Mahila Dal leader On October 30, the SC lawyer submitted the writ petition seeking an investigation into it. According to the petition, house no 29 of road 104 at Gulshan- 2 was enlisted as abandoned by the government in 1986. Three letters sent to Rajuk by the Housing and Public Works Ministry in 2015 and 2016 seeking an explanation for the illegal occupation of the house by Murshedy were attached to the petition. Read More: Defaming PM: HC grants bail to Rajbari Mahila Dal leader As RAJUK chairman didn’t respond to the letters the writ petition was filed challenging the authority’s inaction against the occupation of the abandoned house by AL MP Murshedy.
A lawyer on Tuesday filed a writ petition seeking the High Court’s directive to authorities concerned to permanently ban the export of hilsa fish to neighbouring India. Supreme Court Advocate Md Mahmudul Hasan filed petition saying that low-priced export of hilsa to India has made the national fish pricier in Bangladesh. The writ petition also sought issuance of a rule as to why the inaction of the authorities concerned in halting the export of hilsa to India at a low price should not be declared illegal. Besides, the writ sought HC’s directions on the Tourism Corporation to work on the development of hilsa-centric tourism. Commerce secretary, Fisheries and Livestock secretary, Foreign Secretary, Civil Aviation and Tourism secretary, National Board of Revenue (NBR) chairperson, office of Chief Controller of Imports and Exports and Tourism Corporation chairperson were made respondents to the writ petition. On September 11, the same SC lawyer served a legal notice on the government to halt export of hilsa, a sought-after fish, to India in next seven days. According to the constitution of Bangladesh, ensuring food security for the public is one of the main duties of the government. On the other hand, it is the constitutional duty of the respondents to always act in the interests of the people, said the petitioner. By exporting hilsa to India at a lower price than in the domestic market, those concerned, including the Commerce Ministry, have violated the country's constitution, stated in the writ. They have hampered the food security and acted against the interest of the people. According to export policy 2021-24, hilsa fish is not a freely exportable product, it added. Poor people in the country cannot think of buying hilsa from River Padma while middle class people also struggle due to its high price as a limited amount of fish can be harvested from there. In Bangladesh markets hilsa, known as silver pride of Bangladesh, is being sold at Tk 1,600 to 1,800 per kg, while it is exported to India at $ 10 per kg (Tk 950), said the writ. The commerce ministry has allowed the export of hilsa to India ignoring the public interest, said the SC lawyer.
A writ petition has been filed before the High Court (HC) asking Tk 10 crore as compensation for Joj Mia who was wrongfully tried in August 21 grenade attack case and spent five years in jail without committing any crime. Supreme Court (SC) lawyer Humayun Kabir Pallab filed the petition before the bench of Justice Md Mojibur Rahman Mia and Justice Riaz Uddin Khan on Monday. The petition has 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 the 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. Read: August 21 attack: Legal notice served seeking Tk 10 crore as compensation for Joj Mia The two Supreme Court lawyers who had issued the legal notice had said they would move to the High Court with a writ petition for necessary legal action in this regard if they did not receive any response. Today’s writ petition is a continuation of this legal process to ensure compensation for Joj Mia. 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. The attack occurred during the rule of then-Prime Minister Khaleda Zia. 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.