writ petition
High court’s directive sought to ban export of Hilsa to India
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.
Writ petition filed seeking Tk 10 crore as compensation for Joj Mia
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.
Writ petition challenges legality of raising fuel prices
A writ petition was filed with the High Court on Monday challenging the legality of the latest hike in fuel prices in the country.
Supreme Court Advocate Md Eunus Ali Akond filed the writ petition.
The writ petition sought the HC’s directive to stay the gazette issued by the Ministry of Energy and Mineral Resources raising fuel prices.
The HC bench of Justice Md Mojibur Rahman Mia and Justice Kazi Md Ejarul Haque Akondo may hear the writ petition on Wednesday.
Lawyer Eunus Ali said Bangladesh Energy Regulatory Commission (BERC) has the authority to raise the fuel price according to the law. But the fuel prices were increased through issuing a gazette by the ministry.
Read: Accidents at level crossings: Writ petition seeks judicial probe & compensation
According to that gazette, this decision was taken as per the order of the President. But the constitution does not give the president the authority to raise the fuel prices and for this reason the writ petition was filed, he added.
The government hiked the price sof fuel by a big margin on Friday.
Diesel price has been increased by Tk 34 to Tk 114 per litre while octane price hiked by Tk 46 to Tk 135 and petrol by Tk 44 to Tk 130.
Writ petition seeks compensation for baby born on road after accident
A writ petition has been filed with the High Court seeking its directive to the authorities concerned to pay compensation to the baby who was born during a road accident that left its parents and sister dead in Mymensingh.
The bench of Justice Khizir Ahmed Choudhury and Md Zakir Hossain is expected to hear the writ petition, said Sayed Mahsib Hossain, a counsel of the petitioner.
Supreme Court lawyer Kaniz Fatema filed the writ petition on Monday.
Also read: Baby born on road after accident that kills parents, sister
An investigation into the accident was also sought in the writ petition.
Women and Child Affairs Secretary, Social Welfare Secretary, Road Transport and Bridges Secretary and Bangladesh Road Transport Authority were made respondents to the writ.
A tragic road accident near court building area in Trishal upazila of Mymensingh left Jahangir Alam, 35, his pregnant wife Ratna Begum, 26, and their daughter Jannat Ara, 2, of Raymani village in the upazila, dead on the spot.
Jahangir Alam went Trishal upazila headquarter with his eight-month pregnant wife and daughter for conducting a medical test of his wife.
While crossing the highway a speeding Mymenshingh-bound truck knocked them down, leaving all three family members dead on the spot, said police.
Miraculously the baby girl was born before the mother died on the road and she was taken to upazila health complex by locals.
Also read: Road crashes claim 26 lives in 9 districts
The newborn was then given advanced treatment at Mymensingh Medical College and Hospital (MMCH) and then at Community Based Medical College Hospital.
Meanwhile, Deputy Commissioner of Mymensingh Mohammad Enamul Haque has taken all the responsibilities including treatment of the baby.
Writ petition filed seeking judicial probe on Narail teacher humiliation
Ain O Salish Kendra (ASK), a human rights body has filed a writ petition before the High Court seeking its directives for judicial inquiry into Narail College teacher Swapan Kumar Biswas’s humiliation.
Advocate Lutfe Jahan Purnima on behalf of ASK filed the petition on Monday.
The bench of Justices Bhishmadeb Chakraborty and SM Moniruzzaman will hear the writ petition.
Advocate Purnima said,'' On the day of incident Narail’s Deputy Commissioner, Superintendent of Police all were present yet a principal was forced to wear a garland of shoes. The bench is likely to hear the petition this week. Home Affairs Secretary, Narail DC, SP and other concerned have been made respondent in this writ petition, she said.
Earlier on June 30, the court asked the advocate to submit the petition to the vacation bench of the High Court.
On June 18, a Hindu student of Mirzapur United Degree College shared a post on Facebook supporting suspended BJP leader Nupur Sharma who has been accused of making insulting remarks on Prophet Muhammad(PBUH).
There was daylong unrest at the college over the post and a rumor that acting principal Swapan Kumar Biswas had sided with the student, following which police escorted him outside the college campus. At one stage a group of men forced him to wear a garland of shoes.
A video of the incident soon went viral on social media that sparked huge criticism.
Different organizations including Bangladesh Mahila Parishad protested the incident and demanded exemplary punishment of those involved in it.
HC orders probe on ‘disappearance’ of birth and death registration info
The High Court has directed the government to investigate the disappearance of a large amount of birth and death registration information from the database stored on the server.
A HC bench of Justice Mojibur Rahman Mia and Justice Khizir Hayat passed the order after hearing of a writ petition filed in the public interest on Sunday.
The HC also issued a rule questioning why the government’s inaction to prevent the difficulties faced by the people in obtaining birth and death certificates and non-investigation of the disappearance of a large numer of information from the relevant servers should not be declared illegal.
Also read: Stern action against harassment in issuing birth certificates: Minister
At the same time, the HC asked why the creation of a central database should not be directed as Rule-19 of Birth and Death Registration Act-2019.
The LGRD Secretary, the Registrar General of the Birth and Death Registration of LGRD, the Director General of the Planning-Monitoring, Evaluation and Inspection Office and the Joint Secretary of the Law Department of the ministry have been asked to submit the probe report responding to the rule in four weeks.
Lawyer Md Tanvir Ahmed appeared for the writ petition in the court while Deputy Attorney General Bipul Bagmar represented the state.
Md Tanvir submitted legal notice in this regard on April 4 attaching a report published in a national daily on March 12 entitled 'Citizens in Extreme suffering with birth registration certificate' and on February 4, 'Birth Certificate: Birth registration information of millions of people in Bangladesh not listed on server'.
The report stated that the birth registration law was enacted in 2004 and came into force in 2006. Birth registration certificate is mandatory for various important activities including passport issue, marriage registration, admission in educational institutions, obtaining driving license, land registration.
In the beginning handwritten certificates were given. Then at the end of 2010 an initiative was taken to digitalise it.
At that time the government also provided a separate allocation for computer training to the registrars concerned. But not all the information was digitised at that time, especially of the city corporations and densely populated areas, the report said.
Also read:Birth Registration in Bangladesh: Application Process, Essential Papers
According to another report, the Registrar General's Office in charge of registration of births and deaths in Bangladesh and officials of the Dhaka City Corporation say that millions of people who had previously obtained birth registration certificates now need to be re-registered online as their previous registrations have disappeared.
The birth registration of these individuals has not been updated online and it will no longer be possible to transfer old data to the new server. Authorities concerned are also struggling to cope with the large number of online birth registrations of a large number of school students.
Writ petition seeks directions to set up RTI desk in SC
A writ petition was filed with the High Court seeking its directions to open an information cell in the Supreme Court under the Right to Information Act.
The petition was filed by Supreme Court lawyer Mohammad Shishir Monir on Thursday.
The petition may be presented for hearing in a bench of Justice Mojibur Rahman Mia and Justice Khizir Hayat next week.
The Registrar General of the Supreme Court, the Registrar of the Appellate Division and the Registrar of the High Court were made respondents in the writ.
According to the Information Act of 2009, there is a provision to install information cells and appoint officers in all government and autonomous organizations including constitutional institutions.
Also read: James, Miles withdraw cases against Banglalink
Though the Supreme Court is a constitutional body there is no specific information desk or officer, said the petition.
As a result, information seekers are being deprived of their right due to the lack of data cells.
Earlier, the petitioner appealed to the registrar seeking information regarding death sentence. About six months later, no information was provided. He later issued a legal notice to the Registrar General to implement the provisions of the Right to Information Act.
Also read: Expelled JL leader Samrat sent to jail in graft case
ACC official Sharif’s termination: Writ petition filed seeking reinstatement in job
Sharif Uddin, a sacked officer of the Anti-Corruption Commission (ACC), on Sunday filed a writ with the High Court seeking reinstatement in his job.
Advocate Mia Mohammad Ishtiaq filed the writ petition on behalf of Sharif in the branch concerned of the High Court.
The ACC chairman, ACC secretary, law secretary and public administration secretary were made respondents in the writ.
The petition sought HC’s declaration that the dismissal of Sharif was illegal and unconstitutional under Section 54 (2) of the ACC Employment Rules 2008.
Also read: Fired ACC officer Sharif fears becoming disappearance victim
The petition may be presented for hearing in a bench of Justice Md Nazrul Islam Talukder and Justice Md Mostafizur Rahman on Monday or Tuesday, said Advocate Mia Mohammad.
Earlier on February 23, ten lawyers of the Supreme Court filed a writ petition seeking probe into the termination of Sharif.
The court set Tuesday for delivering the order of writ petition of 10 lawyers.
The ten SC lawyers are Mohammad Shishir Monir, Rezwana Ferdous, Jamilur Rahman Khan, Uttam Kumar Banik, Mustafizur Rahman, Tarequl Islam, Ahmed Abdullah Khan, Syed Mohammad Raihan, Saiful Islam and Noab Ali.
On February 16, the ACC issued a gazette notification firing Sharif from the post of deputy-assistant director of ACC, Patuakhali.
Also read: ACC official Sharif’s termination: Writ petition filed seeking probe
He also served as the ACC officer in Chattogram for three years and when he was in Chattogram, Sharif recommended submitting a charge sheet against 155 officials including police, admin cadre officials and political persons for allegedly embezzling Tk 3.5 crore by acquiring land in Cox’s Bazar.
Sharif also filed a case against Chattogram City Corporation Ward Councillor, Union Parishad chairman of Chattogram and Cox’s Bazar and police officers for providing National Identity Cards to Rohingyas and inserting them in the voter list.
He also filed a case against some people including high officials concerned of Karnaphuli Gas Distribution Company Limited (KGDCL), former Minister Nurul Islam’s son on June 10, 2021 for providing gas connections illegally.
Later, Sharif was transferred to Patuakhali from Chattogram.
He alleged that he also received death threats from someone for his anti-graft role.
HC to hear writ seeking directions to rein in edible oil prices Monday
The High Court has fixed Monday to hear a writ petition seeking directions to control the price of loose and bottled soybean oil in the market.
A division bench of Justice Farah Mahbub and SM Moniruzzaman passed the order following the writ's presentation at the court by petitioner’s lawyer advocate Syed Mohidul Kabir.
The petition also challenged the government's inactivity to control the price hike of soybean oil.
Also read: Commerce ministry seeks BTTC report before raising edible oil price
The directions sought include forming a monitoring cell and proper guidelines for keeping the edible oil prices under control was sought in the petition.
Three Supreme Court lawyers, advocate Monir Hossain, advocate Syed Mohidul Kabir and advocate Mohammad Ullah were the petitioners of the writ.
Commerce secretary, Consumer Rights Protection authority and other concerned were made respondents in the writ petition.
On March 3, the three lawyers brought the court’s attention to the matter by presenting a news report on a dishonest group of traders hiking edible oil prices in Bangladesh taking the opportunity of the Russia-Ukraine war.
Also read: Edible oil price increased in line with manufacturers' proposal
They said, on March 2, consumers had to buy loose soybean oil at Tk 175 per litre while the government has fixed the price at Tk 143.
On the court’s suggestion, the lawyers submitted a petition following the proper procedures in this regard.
Writ seeks judicial inquiry into Cox's Bazar gang-rape
A writ petition was filed with the High Court on Monday seeking its directive to conduct judicial inquiry into the recent gang-rape of a tourist in Cox’s Bazar.
Supreme Court Advocate Abdullah Al Harun filed the writ petition to the office concerned of the High Court.
This writ petition is likely to be presented before the HC bench of Justice M Enayetur Rahim and Justice Md Mostafizur Rahman for hearing.
Read: Cox's Bazar gang rape: Prime accused Ashiq arrested
The petition sought issuance of a rule seeking explanation as to why the Cox's Bazar District Judge or Chief Judicial Magistrate should not be directed to conduct a judicial inquiry into the rape incident and take appropriate legal action against the accused.
Six persons, including Home Secretary, Inspector-General of Police (IGP), Civil Aviation and Tourism Secretary, Cox’s Bazar Deputy Commissioner and Superintendent of Police have been made respondents.
On December 22, a 22-year-old woman was taken to a desolate place near the golf club where three accused allegedly violated the woman following an altercation with her husband.
Read:Cox's Bazar horror: Woman kidnapped & raped by 3 in front of husband & child
Later, she was taken to Zia Guest Inn and there the three accused again took turns to rape her for hours. They released her in the early hours on the following day and allegedly threatened to kill her family if she discloses the matter to anyone.
On December 23, the woman’s husband filed the case under the Prevention of Women & Children Repression Act at Cox's Bazar Sadar Model Police Station accusing seven people. So far, six people have been arrested.