writ petition
Khaleda’s treatment abroad: HC likely to hear petition Wednesday
The High Court is likely to hear the writ petition filed on Monday seeking its directive on the government to let BNP chairperson Khaleda Zia go abroad for treatment.
The HC bench of Justice Mamnoon Rahman and Justice Khandaker Diliruzzaman may hear the petition as it has been kept on the cause-list of the court, said Supreme Court Lawyer Advocate Eunus Ali Akond.
Read: Khaleda going through a tough time in hospital: BNP
On Monday, Advocate Eunus Ali Akond filed a writ petition with the High Court seeking its directive on the government to allow Khaleda Zia to go abroad for treatment.
The writ petition sought the court’s directive to allow Khaleda Zia to go abroad for treatment as per article 11, 32 and 49 of the Constitution, Code of Criminal Procedures (CrPC) and the International Human Rights Charter declared by the United Nations.
Cabinet Secretary, Secretary to the President's Office, Chief Secretary to the Prime Minister, Home and Law Secretaries were named as respondents in the writ petition.
Earlier on December 5, Law Minister Anisul Huq said the government is assessing whether there is any legal option to allow BNP chairperson Khaleda Zia to go abroad for medical treatment.
“As there haven many applications, including from lawyers, I think it is appropriate to come to a well-thought-out decision after examining all aspects and whether any scope to do something in any way,” he added.
Khaleda, a 76-year-old former prime minister, has been receiving treatment at Evercare Hospital for various health complications since November 13.
The BNP chief’s medical board members on November 28 said she immediately needs to go abroad for better treatment as she was diagnosed with liver cirrhosis.
On behalf of her family, Khaleda's younger brother, Shamim Iskander, submitted an application to the Home Ministry on November 11 seeking permission to take her abroad for treatment.
Read: Writ seeks HC directive for Khaleda’s treatment abroad
Though the government earlier twice turned down such applications, it is taking time to dispose of the fresh plea of the BNP chief’s family.
On November 28, the Law Minister told parliament that Khaleda is now free as she is not in government custody.
He also said as Khaleda was temporarily released under section 401 of the Criminal Code of Procedure based on some conditions, including not leaving the country, there is no provision in the law to allow her to go abroad now until she submits a fresh petition after returning to jail.
BNP leaders and pro-BNP lawyers, however, have long been arguing that the government has the unlimited authority to take any decision in this regard under section 401 of the Criminal Code of Procedures.
Writ seeks HC directive for Khaleda’s treatment abroad
A writ petition was filed with the High Court on Monday seeking its directive on the government to let BNP chairperson Khaleda Zia go abroad for treatment.
Advocate Eunus Ali Akond filed the writ petition to the office concerned of the High Court.
The writ petition will be presented before the HC bench of Justice Mamnoon Rahman and Justice Khandaker Diliruzzaman for hearing, said Eunus.
Read:Khaleda’s condition worsens again in hospital: Fakhrul
The writ petition sought the court’s directive to allow Khaleda Zia to go abroad for treatment as per the Constitution, Code of Criminal Procedures(CrPC) and the International Human Rights Charter declared by the United Nations.
Cabinet Secretary, Secretary to the President's Office, Chief Secretary to the Prime Minister, Home and Law Secretaries have been named as respondents in the writ petition.
Lawyer Eunus Ali Akond said, “I have filed the writ to protect the human rights of a sick person considering it as my responsibility. I did not file this writ being provoked by anyone else.”
Meanwhile, Barrister Ruhul Quddus Kajal, secretary of the Supreme Court Bar Association, said the BNP and its lawyers have no link with the filing of the writ petition. “Eunus Ali Akond might have filed it from his own interest.”
Earlier on December 5, Law Minister Anisul Huq said the government is assessing whether there is any legal option to allow BNP chairperson Khaleda Zia to go abroad for medical treatment.
“As there haven many applications, including from lawyers, I think it is appropriate to come to a well-thought-out decision after examining all aspects and whether any scope to do something in any way,” he added.
Khaleda, a 76-year-old former prime minister, has been receiving treatment at Evercare Hospital for various health complications since November 13.
The BNP chief’s medical board members on November 28 said she immediately needs to go abroad for better treatment as she was diagnosed with liver cirrhosis.
On behalf of her family, Khaleda's younger brother, Shamim Iskander, submitted an application to the Home Ministry on November 11 seeking permission to take her abroad for treatment.
Read: Khaleda’s treatment abroad: BNP’s rallies in 32 districts from Dec 22
Though the government earlier twice turned down such applications, it is taking time to dispose of the fresh plea of the BNP chief’s family.
On November 28, the Law Minister told parliament that Khaleda is now free as she is not in government custody.
He also said as Khaleda was temporarily released under section 401 of the Criminal Code of Procedure based on some conditions, including not leaving the country, there is no provision in the law to allow her to go abroad now until she submits a fresh petition after returning to jail.
BNP leaders and pro-BNP lawyers, however, have long been arguing that the government has the unlimited authority to take any decision in this regard under section 401 of the Criminal Code of Procedures.
Writ seeking instruction on half fare on public transport for students
A writ petition has been filed before the High Court seeking its directions to allow students to travel by half-fare on bus, train and launch across the country.
Supreme Court lawyer Md Yunus Ali Akand filed the writ petition citing public interest on Wednesday.
Read: Demo for half fare: Protesters attacked, one ‘picked up’
In the petition, Yunus said that the income of the students' guardians has decreased due to Covid pandemic. The ongoing movement of students demanding half-fare travel is logical as the parents are struggling to pay education fees.
The writ said the government’s inaction half fare issue is a violation of fundamental rights of the student as per the Constitution. Instead of ensuring education, the government is violating the constitution by forcing students to protest on the streets.
Read: Demo for half bus fare: Students give 48-hour ultimatum
The secretaries of the home ministry, shipping ministry, railways ministry and ministry of road transport and bridges and the Inspector General of Police have been named as defendants in the petition.
Earlier on November 22, the lawyer had given a legal notice to the authorities concerned. Writ was filed after failing to get any reply to the notice.
The HC may hold hearing on this petition on Sunday, the petitioner said.
Writ seeks cancellation of Evidence Act provisions on rape victims’ character
A writ petition was submitted before the High Court on Sunday seeking abolition of two provisions of the Evidence Act, 1872, which allow raising questions about the character of rape victims who are usually women.
Lawyer Sara Hossain filed the petition on behalf of three rights organizations- Bangladesh Legal Aid and Services Trust, Ain O Salish Kendra and Naripokkho before the HC bench of justice M Enayetur Rahim and Md Mostafizur Rahman.
The petition sought a rule on why section 155 (4) and 146 (3) of the Evidence Act will not be deemed unconstitutional and not be abolished, said Sara Hossain.
Also read: Brahman-breed cows: Writ filed seeking their release
The lawyer said, “According to these sections woman who files complaint of rape and sexual harassment is generally presumed of immoral character and her character and background can be questioned and inquired in the court.”
Rights groups have been campaigning against these provisions for long, said Sara adding that they are now seeking intervention from the High Court.
She said the hearing on the petition is likely to be held next week.
Also read: Writ seeks judicial inquiry into Banskhali shooting
Section 155(4) of the act says, "When a man is prosecuted for rape or an attempt to ravish, it may be shown that the prosecutrix was of generally immoral character.”
Meanwhile section 146 (3) says during cross examination a witness can be questioned to shake his credit, by injuring his character, although the answer to such questions might tend directly or indirectly to criminate him or might expose or tend directly or indirectly to expose him to a penalty or confiscation.
Dispose child custody cases in 6 months: High Court
The High Court on Sunday directed family courts to dispose of cases filed over the custody of children in six months.
The law secretary and Supreme Court registrar general have been asked to deliver the directive to the family courts concerned.
Read:HC passes split order on granting bail to Destiny Group director
A bench of Justice M Enayetur Rahim and Justice Md Mostafizur Rahman issued the directive, following a writ petition filed by a mother in Rangpur seeking custody of her child from her ex-husband.
The bench also ordered the family court in Dhaka to finish the trial proceedings of the case filed by the writ petitioner by March 31, 2022.
At the same time, the High Court said that the mother would be able to go to Rajshahi to see and spend time with the child, for which the concerned police commissioner has been asked to provide assistance.
Disposing of the writ, the court said it was sad and frustrating that the case filed in a family court regarding the custody of the child is still not settled, even 2-3 years after being filed.
Lawyer Motahar Hossain Sazu appeared for the mother, while lawyers Fawzia Karim Firoz and Kazi Maruful Alam appeared for the father of the child during the hearing.
Read: HC issues contempt of court rule against DU VC , 3 others
According to the case, the writ petitioner, a woman from Rangpur, married a man from Rajshahi in 2011 and they became parents of a daughter in 2015. However, they got divorced in 2018 and since then the child has been living with the father.
The mother filed a case with the family court in Dhaka seeking custody of the child. As the family court failed to settle the case, she filed a writ petition in the HC.
Communal attacks: Writ petition seeks judicial inquiry
A writ petition has been filed in the High Court seeking directions for a judicial inquiry into the attacks on Hindu temples and houses across the country during Durga Puja.
Two lawyers, including advocate Anup Kumar Saha, have filed the writ petition.
It was filed on Thursday (Oct 26), said Jyotirmoy Barua, counsel for the petitioners.
Read: A series of rehabilitation steps taken for victims of communal violence
The hearing for the writ might be held on Wednesday (Oct 27) at HC bench of Justice Mojibur Rahman Miah and Justice Kamrul Hossain Mollah, he said
Jyotirmoy Barua said that instructions have been sought to ensure the safety of the Hindu community, rehabilitate the victims providing compensation and take departmental action against the police officers who failed to provide security to the community. Besides, BTRC has also been asked to remove posts and videos from the online platform that have affected the communal harmony.
Read: Hindu community stages protest against communal violence
Home Secretary, Law Secretary, Information, Communication and Technology Secretary, Social Welfare Secretary, Inspector General of Police, Chairman of BTRC, Comilla, Chandpur, Noakhali, Chittagong, Rangpur and DC-SP of Feni have been named as the respondents in the petition.
High Court dismisses plea for probe into leaked phone conversations
The High Court on Wednesday rejected a writ petition seeking an immediate probe into leaked telephonic conversations.
The petition was dismissed by a division bench of justices M Enayetur Rahim and Md Mostafizur Rahman.
Advocate Mohamamd Shishir Monir appeared for the petitioner while attorney general AM Amin Uddin and advocate Khandaker Reza-e-Rakib represented the state and the Bangladesh Telecommunication and Regulatory Commission (BTRC), respectively.
Read: HC wants to know steps taken to prevent money laundering by e-commerce firms
On August 10, a group of 10 Supreme Court lawyers filed a writ petition in the High Court seeking an investigation into leaked telephonic conversations.
Posts and Telecommunications department Secretary, Information and Communications department Secretary, Telecommunications and Information Technology Secretary, and Bangladesh Telecommunication Regulatory Commission chairman were made respondents to the petition.
UNB has learnt that the petitioners cited 20 high-profile instances of leaked telephonic conversations between 2013 and 2021 in their petition.
Conversations between Prime Minister Sheikh Hasina and then Opposition leader Begum Khaleda Zia, between General Secretary of Awami League Obaidul Quader and BNP secretary general Mirza Fakhrul Islam Alamgir, between late senior lawyer Barrister Moudud Ahmed and Assistant Commissioner of Rajshahi Metropolitan Police Nazmul Hasan were some of the notable instances cited by the petitioners.
Read: HC orders closure of unauthorized microcredit institutions
Privacy of personal communications has been guaranteed under Article 43 of the Bangladeshi Constitution and it is a fundamental right of the citizens, according to the Supreme Court lawyers.
Besides, Section 30 (f) of the Telecommunications Regulation Act, 2001, ensures privacy of phone conversations, they had pointed out. And according to Section 71 of the same act, "phone tapping is a punishable offence".
A person convicted of this crime can be sentenced to a maximum of two years in jail or fined Tk 5 crore.
HC bench embarrassed to hear Dr Zafarullah’s writ petition
A High Court bench on Tuesday felt embarrassed to hear a writ petition filed by Dr Zafarullah Chowdhury on grounds that he earlier praised one of its judges in a public speech.
Dr Zafrullah filed the writ seeking an increase of seats at his Gonoshasthaya Samaj Vittik Medical College before the HC bench of Justice M Enayetur Rahim and Md Mostafizur Rahman.
In a speech in front of the National Press Club on September 11 Dr Zafarullah criticized former chief Justice ABM Kharul Haque and praised the HC Justice M Enayetur Rahim.
Read: Govt trying to suppress new generation: Dr Zafrullah
In expressing to hear the writ the bench observed that a decision from this bench might get questioned.
The court suggested the writ petitioner’s lawyer to appeal for hearing it in another bench.
Barrister Fakhrul Islam presented the petitioner’s side at the court while Deputy Attorney General Bipul Bagmar stood for the state.
Read: Dr Zafrullah finds lockdown allocation too small, slams govt
Gonoshasthaya Medical College had been allowed by Dhaka University to admit 110 students a year, but in 2021the university lowered the number to 50.
Following an appeal in this regard the number of seats was increased to 60.
Later Gonoshasthaya Kendra founder Dr Zafarullah filed a writ petition challenging the decision.
HC to pass order on phone tapping on Sept 29
The HC has set September 29 to pass its order on a writ petition seeking its directives on investigating phone tapping and prevention of leaked phone conversations.
The HC bench of Justice M Enayetur Rahim and Justice Md. Mostafizur Rahman fixed new date for giving its decision. It was earlier scheduled for Sunday.
Lawyer Mohammad Shishir Monir argued in favor of the writ petitioners. The state's deputy attorney general questioned the admissibility of the writ petition.
On August 10, a writ petition was filed before the HC seeking directions to stop phone tapping. In the writ petition, instructions have been sought to investigate 20 incidents of leaked phone conversations.
Read: HC turns down writ challenging tree felling at Suhrawardy Udyan
Advocate Mohammad Shishir Monir filed the writ petition on behalf of 10 lawyers of the Supreme Court. In the writ petition, the secretary, department of posts and telecommunications, secretary, department of information and communication technology, ministry of telecommunications and information technology and the Chairman of Bangladesh Telecommunication Regulatory Commission (BRTC) were made defendants.
Seeking directions for investigation the writ petition mentioned 20 incidents of phone tapping from 2013 to 2021 including that of Prime Minister Sheikh Hasina, Khaleda Zia, Mirza Fakhrul Islam Alamgir, Barrister Moudud Ahmed.
The leaked conversations have been widely used by different TV channels and some of those went viral on social media too. Earlier, the petitioners had sent a legal notice to the BRTC demanding an end to phone tapping. But they did not get any reply and hence filed the writ.
10 SC lawyers seek probe into leaked phone conversations
As many as 10 Supreme Court lawyers on Tuesday filed a writ petition in the High Court seeking an immediate probe into leaked telephonic conversations.
A writ petition can be filled directly in a higher court in case of violation of fundamental rights enshrined under the Constitution.
Read: HC to rule on write over Viqarunnisa principal Tuesday
Posts and Telecommunications department Secretary, Information and Communications department Secretary, Telecommunications and Information Technology Secretary, and Bangladesh Telecommunication Regulatory Commission chairman have been made respondents to the petition.
Advocate Mohammad Shishir Monir submitted the petition in the High Court on behalf of the 10 apex court lawyers this morning. A division bench of Justices M Enayetur Rahim and Mustafizur Rahman will hear the petition as per the court's schedule.
UNB has learnt that the petitioners have cited 20 high-profile instances of leaked telephonic conversations between 2013 and 2021 in their petition.
Read: Writ petition filed against tree cutting at Suhrawardy Udyan
Conversations between Prime Minister Sheikh Hasina and then Opposition leader Begum Khaleda Zia, between General Secretary of Awami League Obaidul Quader and BNP secretary general Mirza Fakhrul Islam Alamgir, between late senior lawyer Barrister Moudud Ahmed and Assistant Commissioner of Rajshahi Metropolitan Police Nazmul Hasan were some of the notable instances cited by the petitioners.
Privacy of personal communications has been guaranteed under Article 43 of the Bangladeshi Constitution and it is a fundamental right of the citizens, according to the Supreme Court lawyers.
Besides, Section 30 (f) of the Telecommunications Regulation Act, 2001, ensures privacy of phone conversations, they have pointed out. And according to Section 71 of the same act, "phone tapping is a punishable offence".
A person convicted of this crime can be sentenced to a maximum of two years in jail or fined Tk 5 crore.
The lawyers said it’s baffling how not a single case has been filed by the victims or the telecom regulators in this regard to date.