TIB submits survet inf to SC

bdnews24.com, Dhaka, Dec 29

Transparency International, Bangladesh (TIB) has submitted all the data and information of its recent household survey to the Supreme Court.

The information were sent to Supreme Court registrar Ashraful Islam on Wednesday.

ICT ask to submit report on Sayeedi by Feb 15

bdnews24.com, Dhaka, December 29

The International Crimes Tribunal (ICT) has refused bail to major war crimes suspect and top Jamaat-e-Islami leader Delwar Hossain Sayedee.

The tribunal on Wednesday also ordered the police authorities to submit the investigation report on allegations against Jamaat's executive council member Sayedee by Feb 15 and produce him before the court on Feb 16.

All efforts of Mushtaque and Zia were to erase the Liberation War memory: HC judgment

          IN THE SUPREME COURT OF BANGLADESH

       HIGH COURT DIVISION

       (SPECIAL ORIGINAL JURISDICTION)

Writ Petition No. 696 of 2010

SQ to be produced before ICT tomorrow

BLHouse Report
 

BNP standing committee member Salauddin Quader Chowdhury is likely to be produced before the International Crimes Tribunal (ICT) tomorrow (December 30).

Earlier on December 19, the ICT issued a 'production warrant' directing the authorities to produce SQ Chowdhury before it tomorrow.

US Senator-elect urges PM: Make ICT Act compatible with rule of law

A US Senator-elect has urged Prime Minister Sheikh Hasina to bring necessary changes to the International Crimes Tribunal act in order to prosecute war criminals for crimes committed during the war of liberation in 1971.

"Many in the international justice movement commend the country's precedent setting efforts to create a war crimes tribunal, but wish to remove the strong suspension that the Tribunal is being used as a tool for political revenge because of its denial of fair trial standards to the accused. I encourage your government to make necessary changes to the Act in order to comply with international standards as ratified in the Rome statute of the Internal Criminal Court," US Senator-elect John Boozman made the call in a letter sent to the Prime Minister recently.

HC asks govt to enforce house rent law properly

The High Court (HC) yesterday (May 18, 2010 ) issued a rule asking the government to explain within four weeks why it should not be directed to enforce properly the law concerning house rent to prevent house owners in the capital from arbitrarily raising rent and taking advance from tenants.

The court came up with the rule after hearing a writ petition seeking directives for strict enforcement of the House Rent Control Act 1991.

SC upholds HC ad interim bail to 5 Jamaat men

The Supreme Court (SC) yesterday (December 20) upheld the High Court (HC) orders that granted ad interim bail to five detained Jamaat-e-Islami leaders in five separate cases filed against them on charges of obstructing police from discharging duties.

The leaders are Jamaat-e-Islami Ameer Motiur Rahman Nizami, Secretary General Ali Ahsan Mohammad Mojahid, Naeeb-e-Ameer Delawar Hossain Sayedee, Senior Assistant Secretary General Muhammad Kamaruzzaman and its leader Abdul Kader Molla.

Trial of war criminals in Jan-Feb, Says law minister

Unb, Dhaka

Law Minister Shafique Ahmed yesterday (December 20) said that the trial of the detained war crimes-accused will start in January-February next year.

After a meeting with the prosecution panel and the investigation team of International Crimes Tribunal at the Law Ministry, he said charge sheets will be submitted against those already arrested before the commencement of the trial.

SC clears way for holding poura polls in 3 districts

The Supreme Court (SC) yesterday (December 20) cleared the way for holding elections to Chandpur Sadar, Madaripur Sadar and Netrokona's Madan Pourasavas.
Chamber Judge Justice SK Sinha of the Appellate Division stayed for six weeks the High Court (HC) orders that stayed the process for holding elections to the municipalities.

Constt reprint began: Religious parties likely to be banned

BLHouse Report

Reprinting of the Constitution restoring its Articles 12 and 38, that banned forming religion-based politics and organizations, began.

Following the judgment of the Supreme Court on Fifth Amendment, the reprinting was started at the Bangladesh Government (BG) Press, reported sheershanews.com.

SC clears way for holding polls in five pourashava

The Supreme Court yesterday (December 19) cleared the way for holding elections to five municipalities in Cox's Bazar and Magura to be held on January 18.

Chamber judge of the Appellate Division stayed for six weeks the High Court orders that stayed the process for holding elections to Cox's Bazar Sadar, Chakoria, Moheshkhali and Teknaf in Cox's Bazar, and Magura Sadar pourasavas.

SQ Chowdhury shown detained following ICT arrest warrant

BLHouse Report

Detained BNP standing committee member Salauddin Quader Chowdhury was shown arrested following an arrest warrant issued by the International Crimes Tribunal (ICT) yesterday (December 19).

ICT yesterday issued the warrant of arrest against Salauddin Quader Chowdhury in a case filed on charge of committing crimes against humanity during the 1971 Liberation War.

The Tribunal also issued a 'production warrant' directing the authorities to produce SQ Chowdhury before it on December 30, 2010 following two petitions.

Give first class division two Jamaat leaders in jail: HC

BLHouse Report

The High Court yesterday directed the jail authorities to give first class division to detained Jamaat leaders Abdul Kader Mollah and Muhammad Kamaruzzaman in jail.

A bench of the HC of Justices Md Miftah Uddin Choudhury and Jahangir Hossain passed the order upon a Writ petition filed by the two leaders.

Inconsistency in ICT Act and Rules: HC observed

BLHouse Report

The High Court yesterday (December 15) rejected a petition filed by four top Jamaat-e-Islami leaders for quashing proceedings of the cases filed against them with the International Crimes Tribunal (ICT).

The HC passed the judgment with some observations that include "there is inconsistency between the International Crimes (Tribunals) Act, 1973 and the rules, made under this Act in 2010", said lawyers.

War crime ICT directive sought to nab SQ Chowdhury

BLHouse Report

The war crimes investigation agency yesterday filed a petition with the International Crimes Tribunal (ICT) seeking its directive to arrest Salauddin Quader Chowdhury, an war crime accused and BNP leader.

Hearing on the petition is likely to be held on December 19, the Tribunal sources said.

The investigators filed the petition 'through the prosecutors' with the Registrar of the Tribunal.

HC stays polls of 6 municipals

bdnews24.com, Dhaka

The High Court on December 15 stayed the process of holding elections of six municipalities – four in Cox's Bazaar, one in Netrakona and another in Madaripur – for one month.
The orders were passed on Wednesday by two separate benches.

Justice Matin to be retired remaining on leave

BLHouse Report

A farewell of Appellate Division Justice MA Matin was held yesterday (December 15) at the Supreme Court in absence of Chief Justice ABM Khairul Haque, sources said.

Justice MA Matin, who are on leave from when he was superseded in appointing Justice ABM Khairul Haque as the Chief Justice in September this year, is likely going to retirement remaining on the leave, sources in the SC said.

Disclose wealth of Mujib family: JAF

BLHouse Report

Leaders of Jatiyatabadi Ainjibi Forum yesterday (December 15) demanded disclosure of wealth statement of the family of Bangabandhu Sheikh Mujibur Rahman.

At a protest meeting in the Supreme Court, the JAF leaders Awami League should be respectful to BNP as AL was revived for introducing multiparty democracy by the BNP founder Ziaur Rahman.

No ship shall enter Bangladesh for scrapping without env & toxic waste-free certificates.

Dhaka, Dec 15 (UNB)

The High Court on December 15 ruled that no ship shall enter the Bangladesh territory for scrapping without having environmental and toxic waste-free certificates.

A division bench comprising Justice AHM Shamsuddin Chowdhury and Justice Sheikh M Zakir Hossain gave the ruling upon a supplementary petition to the original writ petition filed by Bangladesh Environmental Lawyers’ Association (BELA).

ICT trial to start within Dec or Jan, 2011

BLHouse Report

Law Minister Barrister Shafique Ahmed yesterday said that the main trial-procedure of the International Crimes Tribunal (ICT) would begin within this month or in January, 2011.

He said this after his address to the International Criminal Legal Tools Project Programme at the Liberation War Museum in the capital.

HC rule on blocking illegal mobile sets

BLHouse Report

The High Court has issued a rule upon the government to explain within four weeks why it should not be directed to take necessary steps to block international mobile equipment identity (IMEI) of unauthorised mobile phone sets.


The rule is for those handsets, which are lost or snatched away and illegal.

A division bench of Justice AHM Shamsuddin Chowdhury Manik and Justice Sheikh Md Zakir Hossain Monday afternoon issued the rule following a writ petition filed by Mobile Phone User Development Society.

HC declares jobs of 200 medical officers at BSMMU illegal

BLHouse Report

The High Court yesterday declared illegal appointment of over 200 medical officers of Bangabandhu Sheikh Mujib Medical University (BSMMU).

The officers were appointed during the BNP-led four party alliance government in 2005, as per  the rules made during the Awami League government in 2000 under BSMMU Act, 1998.

HC declares Kings College at Segunbagicha illegal

BLHouse Report

The High Court yesterday declared establishing of Kings College at Segunbagicha in the city illegal, concerned lawyer said.

The court directed the King College authorities to vacant the college premises from Segunbagicha within six months.

HC directs to reinstate 40 SIs sacked in 2003

BLHouse Report

The High Court yesterday directed to reinstate 40 Sub-Inspectors (SIs), forcibly terminated during the BNP-led four party alliance government, to their post.

A bench of the High Court comprising Justice Mohammad Momtazuddin Ahmed and Justice Gobindra Chandra Tagore passed the order upon two separate Writ petitions filed by the SIs challenging legality of the termination.

SC bar wants more power for HC judges

Leaders of the Supreme Court Bar Association (SCBA) yesterday (December 13) decided to adopt a hard line including boycotting the chief justice's court, if he does not empower more High Court judges to hear and dispose of bail petitions.

Only two HC benches are empowered to hear and dispose of bail petitions, they said at a general meeting held at South Hall of SCBA with its president Khandker Mahbub Hossain in the chair.

Framing rules on Import of Ships for Scrapping: HC starts hearing on BELA petition

The High Court yesterday started hearing a petition filed by Bangladesh Environmental Lawyers Association (Bela) seeking its directives on the government to frame specific rules over the import of ships for scrapping in accordance with HC guidelines.

Bela filed the petition on Sunday as a supplementary to the original writ petition upon which the HC had delivered verdict on March 17, 2009.

War Crimes Trial: HC order on petitions tomorrow

The High Court will pass orders tomorrow on the petitions filed by five detained leaders of Bangladesh Jamaat-e Islami for quashing the proceedings of International Crimes Tribunal against them in connection with crimes against humanity in 1971.

On conclusion of the hearing on the petitions, an HC bench of Justice Moyeenul Islam Chowdhury and Justice AKM Abdul Hakim yesterday fixed the date for orders.

Leave-to-appeal of 84 upazila election officers accepted

BLHouse Report

The Appellate Division of the Supreme Court yesterday accepted a leave-to-appeal filed by the government against a Administrative Appellate Tribunal's judgment that directed the Election Commission to reinstate 84 upazila election officers, terminated during the last caretaker government.

The apex court also set February 22 next year for hearing on the matter.

Four judges taken oath, SCBA boycotted oath taking ceremony

BLHouse Report

The Chief Justice yesterday (December 12) administered oath to newly appointed four additional judges of the High Court Division of the Supreme Court.

The additional judges are: Bhabani Prashad Singh, District Judge on leave prior to retirement (LPR), M Anwarul Haque, Secretary to the Law and Justice Division of the Ministry of Law, Justice and Parliamentary Affairs, Md Akram Hossain Chowdhury, Deputy Attorney General and Md Ashraful Kamal, lawyer of the Supreme Court

Mayors don't need to resign to participate polls

BLHouse Report

The High Court yesterday (December 12) stayed effectiveness of the rules of the Election Commission that if the incumbent Mayors wanted to participate in the Pourashava polls, they have to first resign from their posts.

The court also issued a rule to explain that why the rules should not be declared illegal.

HC stayed Chandpur Pourasava election activities

UNB, Dhaka, Dec 12

The High Court on Sunday stayed the Chandpur Pourasava (municipality) election activities until the Election Commission prepares a proper, updated and accurate electoral roll.

On December 2, the Election Commission announced the election schedule for Chandpur Pourasava fixing January 18 next year as the polling date.

JU Admission Test: Restriction on madrasa students goes

Madrasa students can take admission tests for 'Kha' and 'Ga' units' in Jahangirnagar University (JU), according to a High Court verdict.

The HC yesterday (December 8) declared illegal the preconditions issued by the JU authorities restricting the Madrasa students to appear for its 'Kha' and 'Ga' units' admission tests.

The HC bench of Justice MA Wahhab Miah and Justice M Khasruzzaman came up with the verdict following a writ petition filed by three Madrasa students challenging the JU authorities' decision to impose the preconditions.

HC gets four new judges

BLHouse Report

Four additional judges were appointed to the High Court Division of the Supreme Court yesterday (December 9).

According to Article 98 of the Constitution, President Md Zillur Rahman made the appointments for two years from the day of taking their oath.

HC ordered to reinstate 24 SIs

BLHouse Report

The High Court yesterday (December 9) directed the government to reinstate 24 Sub-Inspectors, who were sent to force retirement in 2003, to their post.

A bench of the High Court comprising Justice Md Abdul Awal and Justice FRM Nazmul Ahsan passed the order upon a writ petition filed by them.

Vested quarters grab Buriganga

Mohammad Ali

A vested quarters is encroaching the Buruganga River at Washpur in Keraniganj through filling earth in the riverbed in the name of making a 'private power generation project', sources said.

Deputy Director of BIWTA Afzal Hossain said that the water flow of the river might be changed for illegally filling earth on its forth-shore area at Washpur mouza in the capital Dhaka.

Hearing on Taher case now on Dec 13

BLHouse Report

Hearing on the writ petition filed challenging legality of martial law trial of Col Abu Taher and 16 others was adjourned till December 13 yesterday (December 7).

A bench of the High Court comprising Justice AHM Shamsuddin Chowdhury Manik and Justice Sheikh Md Zakir Hossain differed the hearing following time prayers of the government and the petitioner.

SC Judge Recruitment Process: Govt sits on reply to HC

Ashutosh Sarkar

The government is yet to inform the High Court the process of selection of persons for appointment as judges both in the Appellate and HC divisions of the Supreme Court since independence despite an HC directive to do so about five months ago.

Additional Attorney General MK Rahman said yesterday they could not comply with the HC order as they were busy with many urgent cases.

He however told The Daily Star that they would soon respond to the HC rule on the government that contained the directive.

Quize Duke at jail gate: HC

Staff Correspondent, Daily Star

The High Court yesterday (December 6) directed the government to interrogate Saiful Islam Duke, nephew of BNP Chairperson Khaleda Zia, at the jail gate or in presence of his lawyers if he is placed on remand in August 21 grenade attack case.

A division bench comprising Justice Md Mifta Uddin Choudhury and Justice Md Abdul Hye passed the order following a writ petition filed by Duke's father Rafiqul Islam.

HC rule on additional bus fare during Eid

BLHouse Report

The High Court on December 6 issued a rule upon the government and two owners of bus to explain why taking additional fare during Eid period should not be declared illegal.

The rule is returnable within two weeks.

SQ Chy gets bail in car vandalizing case

UNB, Dhaka

BNP standing committee member Salahuddin Quader Chowdhury MP was granted anticipatory bail for six months when he surrendered before the High Court on Sunday (December 5)  in connection with a car vandalizing case.

On June 29 this year, Kotwali police in Chittagong filed the case against the BNP stalwart on charge of vandalizing a car.

Joining JS by BNP depends on attitude of govt: SQ Chowdhury

BLHouse Report

BNP standing committee member Salahuddin Quader Chowdhury has said how Begum Khaleda Zia was evicted from the cantonment house was not right.

"After canceling lease of the house at the Cabinet, I, as a politician, suggested them to face the matter politically. Barrister Moudud Ahmed, as a lawyer, opined of solving it in the court," SQ Chowdhury said.

Stop construction surrounding Lalbagh Kella by 24 hrs: HC

BLHouse Report

The High Court yesterday (Decemver 5) ordered the Officer-in-Charge of Lalbagh police station to stop illegal construction works, within 24 hours, going on surrounding the boundary of historical Lalbagh Kella (fort) in the Dhaka.

A bench of the High Court comprising Justice A H M Shamsuddin Chowdhury and Justice Sheikh Md Zakir Hossain also ordered the OC to submit a report on the matter before the court within a week.

CJ stresses on delivering neutral judgment

BLHouse Report

Chief Justice ABM Khairul Haque yesterday urged the women judges of the lower courts to discharge their judicial duties without being emotional and sentimental to have the litigants' trust on the courts and judges.

He laid stress on delivering neutral judgment while addressing the 21st annual general conference of Bangladesh Woman Judges' Association at the Judicial Administration Training Institute (JATI) in the capital Dhaka.

Cantt house's things is being removed secretely: Khaleda lawyers

BLHouse Report

BNP Chairperson Begum Khaleda Zia's lawyers yesterday (December 1) alleged of secretly removing things from the Dhaka cantonment house from where she was evicted recently.

At a press briefing at the Supreme Court, the lawyers said removal of the things from the house in absence of representatives or lawyers of Khaleda Zia is nothing but theft and criminal offense.

Distribution of 'user fees' among employees in govt hospitals stayed

BLHouse Report

The High Court yesterday (December 2) stayed a decision of the government of distributing 50 percent 'user fees', taken from patients in the government hospitals, among the hospitals' nurses, doctors and employees.

A bench of the High Court comprising Justice A H M Shamsuddin Chowdhury and Justice Sheikh Md Zakir Hossain stayed the government decision for three weeks following a public interest litigation.

The court directed the government to form a committee consisting of representatives of health and finance ministries and expert doctors within 15 days.

Why Prodhan continue JS membership: HC

BLHouse Report

The High Court on December 1 issued a rule upon the Government and the Election Commission to explain that Joypurhat-1 constituency MP, Mojahar Ali Prodhan, is holding his office under which jurisdiction.

The rule is returnable within three weeks.

The Speaker of the Parliament, the Chief Election Commissioner, the Secretaries to Law Ministry and EC Secretariat and Mojahar Ali Prodhan have been made respondents in the rule.

SC stayed HC order on Madrasa students' DU admission test

BLHouse Report

The Chamber Judge of the Appellate Division on December 1 halted a High Court order that stayed effectiveness of preconditions imposed by Dhaka University (DU) restricting Madrsah students to get admitted in 10 departments.

Advocate ASM Mezbah Uddin, DU lawyer, told reporters that following the order, there was no legal bar now for DU authorities to continue process of the admission test with the preconditions.

Khaleda's contempt petition against government dismissed

BLHouse Report

The Supreme Court on December 1 rejected the contempt of court petition filed by BNP Chairperson Begum Khaleda Zia against the government and the Dhaka cantonment board over the Cantonment residence.

The three-member bench of the Appellate Division headed by Chief Justice ABM Khairul Haque rejected the contempt petition as 'not pressed'.

Khaleda appealed to take out leave appeal: Moudud, It was too late: Attorney general

BLHouse Report

Barrister Moudud Ahmed, lawyer of Begum Khaleda Zia, on December 1 said his client had filed a petition to take out her leave-to-appeal over cantonment house from the cause list while the Attorney General said the petition was filed too much late to place for hearing.

In a written statement at a press briefing in the Supreme Court, Barrister Moudud said the petition was filed apprehending that Khaleda Zia would not get justice from the Appellate Division's three judges as they declared taking-over of power by her husband Ziaur Rahman illegal.

Khaleda Zia's appeal on cantonment house dismissed

BLHouse Report

The leave to appeal of Begum Khaleda Zia regarding her Dhaka cantonment house was dismissed at the Supreme Court as 'not pressed' without hearing on it yesterday (November 29).

As per the ruling, the government decision evicting Khaleda Zia, former Prime Minister and leader of the opposition, from the cantonment house will remain effective and inforce, said lawyers.

Top Jamaat leaders got bail in all cases

BLHouse Report

The detained top leaders of Bangladesh Jamaat-e-Islami has got ad-interim bail for six months from the High Court in all cases they faced.

The leaders are Jamaat Ameer Motiur Rahman Nizami, its Secretary General Ali Ahsan Muhammad Mujahid, Nayebe Ameer Maulana Delwar Hossain Sayeedi, Assistant Secretary Kamaruzzaman, Abdul Kader Mollah and its Dhaka city Ameer Rafiqul Islam Khan.

Six Jamaat leaders including Nizami, Mujahid got bail

BLHouse Report
 

Six top leaders of Bangladesh Jamaat-e-Islami yesterday (November 28) secured ad-interim bails in four separate cases filed for obstructing police in discharging their duties.

The leaders are Jamaat Ameer Motiur Rahman Nizami, its Secretary General Ali Ahsan Muhammad Mujahid, Nayeb-e-Ameer Maulana Delawar Hossain Sayeedi, Senior Assistant Secretary General Muhammad Kamaruzzaman, Abdul Kader Mollah and its Dhaka city Ameer Rafiqul Islam Khan.

SC will likely hear Khaleda appeal today

BLHouse Report

Hearing on the contempt of court petition filed by BNP Chairperson Khaleda Zia against the government and the cantonment board is likely to be started at 9:30 am today (November 29) at the Appellate Division.

The respondents in the contempt petition are Secretary to the Defense Ministry Khandker Asaduzzaman, Cabinet Secretary Md Abdul Aziz, Home Secretary Abdus Sobhan Sikder, Director of the Military Lands and Cantonments Directorate Mortuza Ahmed, its Deputy Director Shafiqul Ahmed, Military Estate officer SM Emdadul Haque, Chairman of the Cantonment Board Brig Gen Tanvir Hasan Majumder and ISPR Chief Shahinul Islam.

Begum Khaleda Zia on November 23 filed the petition for evicting her from the cantonment house forcibly before disposing of a case pending with the Appellate Division of the Supreme Court regarding it.

Govt asked to explain price hike of soya bean

BLHouse Report
 

The High Court has asked the government to explain the sudden price hike of soya bean oil.

The court also asked why the government's inaction in curbing the hike should not be termed illegal.

The bench of justices A H M Shamsuddin Chowdhury and Sheikh Mohammad Zakir Hussain gave the ruling on Sunday based on a petition challenging the validity of the price hike.

CJ committed contempt of court: SCBA alleged

BLHouse Report

Supreme Court Bar Association (SCBA) President Khandker Mahbub Hossain on November 28alleged that the Chief Justice committed contempt of court through drawing attention of the High Court Division's judges by letter over granting anticipatory bail.

At a press briefing at the South Hall of SCBA building, the bar president alleged a dubious situation was created at the apex court as no HC bench but one was accepting bail application after the CJ's letter sent to the HC judges regarding bail.

Khaleda sues Govt, Cantt

BLHouse Report

BNP Chairperson Begum Khaleda Zia on November 23 filed a contempt of court petition against the government and the cantonment board for evicting her from the cantonment house before disposing of the case pending with the Supreme Court regarding it.

The Chamber Judge Surandra Kumar Sinha accepting the petition sent it to the full bench of the Appellate Division of the SC and fixed November 29 for hearing on it, Khaleda Zia's lawyer Mahbub Uddin Khokon said.

Evicting Khaleda from cantonment house is like a contempt of court, Barrister Rafiq-ul Huq



Barrister Rafique-ul Huq

 BLHouse Report

Former Attorney General Barrister Rafiq-ul Huq on November 13 said evicting BNP Chairperson Begum Khaleda Zia from her cantonment residence is like a contempt of court.

Talking to The New Nation the senior lawyer of the Supreme Court said, "As the government knows that the apex court set November 29 for further hearing on leave-to-appeal filed by Khaleda Zia regarding her residence. After that it evicted her from the house. So, it is indirectly a contempt of court."

Khaleda Zia evicted from cantt house, CJ assurance ignored- BNP lawyers

Cantt House

BLHouse Report

Even after assurance given by Chief Justice ABM Khairul Haque that the government would do nothing over Khaleda Zia's house before disposing of her leave-to-appeal, the government evicted her from the house, Supreme Court Bar Association President Khandker Mahbub Hossain said on November 13.

Hearing on Khaleda house apeal adjourned till Nov 29

Begum Khaleda Zia

BLHouse Report

Hearing on the leave-to-appeal of BNP Chairperson Begum Khaleda Zia regarding her cantonment house was adjourned on November 10 till November 29.

The three-member bench of the Appellate Division of the Supreme Court headed by Chief Justice ABM Khairul Haque passed the order after holding hearing on it for the first day.

Hearing on leave-to-appeal of Khaleda cantt house in full bench

BLHouse Report

The leave-to-appeal filed challenging a High Court verdict regarding BNP chairperson Khaleda Zia's cantonment house is set to be heard at the full bench of the Appellate Division of the Supreme Court today (Wednesday).

Chamber Judge of the Appellate Division Justice Md Muzammel Hossain yesterday after a short hearing sent the petition to the full bench and set today for hearing on it.

The Chamber Judge, however, didn't stay the HC judgment that rejected a Writ petition filed by Khaldeda Zia challenging a government notice that asked her to vacate the residence in Shaheed Mainul Road of Dhaka Cantonment.

Hearing on Jail Killing Case adjourned till Dec 6

Dhaka, Nov 9 (UNB)

The long pending leave-to-appeal hearing against the impugned High Court verdict in the Jail Killing Case was on November 9 adjourned halfway through, as the Attorney General could not satisfy the Appellate Division with proper argument for retrial of the case.

A 3-member Appellate Bench, headed by Chief Justice ABM Khairul Haque, adjourned the hearing until December 6, asking Attorney General Mahbubey Alam to come up with irrefutable evidence for making out his plea.

Hearing of jail killing case adjourned to Tuesday

UNB,Dhaka

The hearing on the long pending leave-to-appeal against the impugned High Court verdict in the Jail Killing Case was adjourned for Tuesday, as the Attorney General on Sunday apparently failed to make out a prima facie case against the acquittal of the ex- army personnel.

After hearing the arguments made by AG Mabubey Alam for over one and

half hours, a 3-member Appellate Division bench of the Supreme Court, headed by Chief Justice ABM Khairul Haque, passed the order.

Why punishment to Shipping DG: HC

BLHouse Report

The High Court on November 7 issued a two-week rule upon the Director General of the

Shipping Department and its chemist to explain as to why they would not be punished for issuing no objection certificate (NOC) to import two toxic ships, violating its earlier order.

A bench of the High Court passed the order following a contempt of court petition filed by Bangladesh Environmental Lawyers Association (BELA).

SCBA demand of transfer of two controversial judges

BLHouse Report

Supreme Court Bar Association (SCBA) President Khandker Mahbub Hossain on November 7 demanded of refraining the two controversial judges from judicial functions or transferring them to other place in deputation.

Otherwise, the Chief Justice will have to bear responsibility, if any untoward incident takes place in the Supreme Court, the Bar president said at a press conference in the SC.

CJ's resignation demanded

BLHouse Report

Supreme Court Bar Association (SCBA) and pro-BNP lawyers demanded immediate resignation of Chief Justice ABM Khairul Haque for sworning in two reportedly controversial judges on November 4.

The SCBA, as per its earlier resolution, hoisted black flag in the apex court premises, protesting their oath. It also decided to boycott benches of the two judges.

Chief Justice ABM Khairul Haque sworn in four newly appointed judges including the two-- M Khasruzzaman and Ruhul Quddus Babu-- at about 11:10 am amid agitation of the pro-BNP lawyers, greetings of the pro-Awami League lawyers and scuffle among the lawyers and police, sources said.

'I done upholding Constt', CJ

Chief Justice ABM Khairul Haque

BLHouse Report

Chief Justice ABM Khairul Haque on November 4 said he administered oath to Ruhul Quddus Babu and M Khasruzzaman, whom the last CJ refused to sworn in, for upholding Constitution.

Talking to reporters at his chamber, ABM Khairul Haque urged the lawyers to stop disciplinary and to obey laws.

Divided HC orders on freeing 195 Pak war criminals

BLHouse Report

The High Court (HC) yesterday passed a divided order upon a Writ petition filed challenging legality of releasing 195 identified Pakistani war criminals through a trilateral treaty signed among Bangladesh, India and Pakistan in 1974.

Wing Commander Hamidullah Khan, who was also a Sector Commander during the Liberation War in 1971, filed the Writ petition with the HC.

Sayeedi detained till Dec 29

BLHouse Report

The International Crimes Tribunal (ICT) yesterday passed an order to keep Maulana Delwar Hossain Sayeedi in custody till December 29, 2010.

The Tribunal directed the investigation agency to submit its report to it after completing investigation of allegation of the crimes against Sayeedi or to inform it the development of investigation by December 23, 2010.

However, Sayeedi's lawyer Advocate Tazul Islam alleged that the order was given out of the jurisdiction of the Tribunal as Section 11(5) of the main statute didn't allow the court to do so.

HC asks DCs, IGP to prevent stalking of women

UNB, Dhaka
The High Court on November 2 asked the Deputy
Commissioners to remain on high alert about the incidents of stalking
of women and directed the Inspector General of Police (IGP) to take
steps to prevent such crimes.

Passing a series of interim directives upon a Public Interest
Litigation (PIL) writ petition, an HC division bench issued a rule
asking the government to explain why a direction should not be given
to frame guidelines or policy or enact a proper law to address the
issue of eve teasing to protect the rights of women and girls in the
society.

Writ petition against medicine adulteration

 bdnews24.com
 A writ petition on November 2 filed with the High Court seeking its directives upon the government for taking steps to prevent medicine adulteration and also taking legal steps against the involved.

The Human Rights and Peace for Bangladesh (HRPB) filed the writ on Tuesday with a HC bench comprising of justice Mohammad Iman Ali and justice Obaidul Hasan.

Major changes in ICT rules

BLHouse Report

Some significant changes in the rules of the International Crimes Tribunal (ICT) have been brought recently.

According to the amended rules, the Prosecutors may seek arrest warrant of the Tribunal against any person, if an investigation of crimes mentioned in the ICT Act, 1973 started against him, said Registrar of the Tribunal Md Shahinur Rahman.

Following the earlier rules, the Prosecutors could seek warrant arrest of that person, against whom a formal charge of the crimes mentioned in the act was formed. 

HC directions to Govt to bring back Bangladesh nationals from Indian jails

BLHouse Report

The High Court yesterday directed the government to inform within 30 days what steps it has taken to bring back 587 Bangladeshi citizens, who have been languishing in Indian jails after ending their jail terms at least three to four years ago.

The court also directed the government to inform it the total number of the Bangladeshis detained in jails of India specially in West Bengal, their names, detail addresses and its measures taken to provide them legal assistance within 60 days.

2 addl judges appointed

BLHouse Report

Two new additional judges were appointed to the High Court Division of the Supreme Court yesterday.

According to article 98 of the Constitution, President Md Zillur Rahman appointed them for two years.

They are: Deputy Attorney General Nazrul Islam Talukder and former Deputy Attorney General Farid Ahmed.

6 additional judges’ tenure to expire on Nov 15

Mohammad Ali

The tenure of six additional High Court judges, appointed during the last military backed caretaker government, will expire on November 15 this year.

‘Whether they will be made permanent judges of the HC Division or their appointments will be extended for more one term' depends on the decision of President Md Zillur Rahman.

If the President does not take any decision about the additional judges' fate, then they will not be seen at the benches of the HC after the date, according to sources.

Jatiyabadi Ainjibi Forum to observe agitation programme on Nov 1

BLHouse Report

Jatiyabadi Ainjibi Forum (JAF) in Bangladesh on October 28 declared to observe agitative programme across the country on November 1 protesting the government's tyranny rule.

JAF will protest politicisation in the judiciary, the government's inference in different cases, harassing transfer of the Judges and the government notice to vacate Khaleda Zia's cantonment residence.

HC directs govt not to restrict Kh Mahbub to go abroad

BLHouse Report

The Bangladesh High Court (HC) on October 28 directed the government not to restrict Advocate Khandker Mahbub Hossain, President of the Supreme Court Bar Association (SCBA), to go abroad.

The HC passed the order following a Writ petition filed by Khandker Mahbub, also an advisor to the opposition BNP chairperson Khaleda Zia, seeking the court's directive upon the government to allow him to go abroad.

HC rejects Pintu’s Writ petition

BLHouse Report

The High Court (HC) of Bangladesh on October 28 rejected a Writ petition of quashing proceedings of a case filed against former BNP lawmaker Nasiruddin Ahmed Pintu for misappropriating relief tins.

Following the HC verdict, the case against Pintu will continue at the lower court, lawyer of Anti Corruption Commission (ACC) Advocate Khurshid Alam Khan told reporters.

Oath to 2 controversial judges, CJ be responsible if SC heated: SCBA

 Khandker Mahbub Hossain

BLHouse Report

The President of Supreme Court Bar Association (SCBA) of Bangladesh, Advocate Khandaker Mahbub Hossain, on Wednesday again warned that if the situation in the Supreme Court is heated for administering oath to two controversial High Court judges, the Chief Justice will have to bear the responsibility.

After meeting with Chief Justice ABM Khairul Haque on the issue, Khandaker Mahbub told reporters at his office in the SC that the country's lawyers would not accept sworn in of the two judges.

The SCBA President reiterated the warning at a time when the Chief Justice is taking opinions of the bar leaders and some other SC senior lawyers to set his mind how to resolve the issue, sources said.

ACC case against Nanak to continue

bdnews24.com, Dhaka

The corruption case against LGRD State Minister Jahangir Kabir Nanak will continue as the Appellate Division has stayed the High Court injunction over the case, defendant lawyers have said.

A three-member bench led by Chief Justice A B M Khairul Haque, gave the order on Tuesday upon a petition filed by the Anti-Corruption Commission (ACC).  

SC upholds bail order of Mahmudur

Mahmudur Rahman

BLHouse Report

The Appellate Division of the Supreme Court on October 26 upheld a High Court order that earlier granted bail to detained Amar Desh Acting Editor Mahmudur  Rahman in a case filed for obstructing police to discharge their duties.

The three-member Appellate Division bench headed by Chief Justice ABM Khairul Haque passed the order rejecting a government appeal.

On June 2 this year, police filed the case against Mahmudur Rahman with Tejgaon Police Station on charge of obstructing police the previous night while they were moving to shut down the Bengali daily newspaper and arrest him.

Bangladesh HC observation: President can appoint CJ on seniority basis



Bangladesh Supreme Court

 BLHouse Report

The High Court on October 26 observed that the President alone can appoint any eligible person as the Chief Justice of Bangladesh.

If the President appoints the Chief Justice considering merit, not seniority, there is no provision in the Constitution to compel the President explain reasons, the HC observed.

A bench of the HC comprising Justice Md Imman Ali and Justice Obaidul Hasan cited it disposing of a public interest Writ petition with some observations.

In the observations, the court said that there was no provision in the Constitution for appointing the Chief Justice on seniority basis.

After reading different articles of the Constitution, it deemed that the President alone can appoint any eligible person as the Chief Justice of Bangladesh, the court said.

But, if the President wants, he can consult with any person in this regard, said the HC observation.

Four SC lawyers filed the Writ on August 22 this year seeking a rule as to why a direction should not be given not to violate seniority in appointing Chief Justice without publicly disclosing specific reasons behind such violations.

The lawyers are- Barrister Hassan M Ajim, Advocate Abdus Salam, Barrister Md Reaz Uddin and Barrister Sakila Farzana.

According to Article 95(1) of the Constitution, "The Chief Justice and other Judges shall be appointed by the President."

Article 95(2) state, "A person shall not be qualified for appointment as a judge unless he is a citizen of Bangladesh and- (a) has, for not less than ten years, been an advocate of the Supreme Court; or (b) has, for not less than ten years, helf judicial office in the territory of Bangladesh; or (c) has such other qualifications as may be prescribed by law for appointment as a Judge of

the Supreme Court."

BANGLADESH: Police tortured a man to death in custody and authorities cover it up as suicide to provide impunity to perpetrators

CUSTODIAL DEATHS

View HERE

Housing plots for the cricketers: Public land should not be available for private gifts

BLHouse Collection

The Prime Minister Sheikh Hasina while according a reception to the victorious Bangladesh Cricketers at her official residence the other day announced the gift of a housing plot in the capital and a car to every player of 20-member team.

Cheques for Taka one lakh each presented by Exim Bank Ltd. and South East Bank Ltd. were handed over to members of the team. The premier also handed over the key of a car given to acting captain of the team Sakib Al Hasan by the Exim Bank.

The reception followed the triumphant 4-0 victory of the Tigers in the one-day series against the New Zealand cricket team which they whitewashed.

Senior lawyers on oath to two judges : New CJ not involved in consultation or controversy

New Nation Report

A new question being raised by some senior lawyers of the Supreme Court is whether the new Chief Justice is under constitutional obligation to administer oath as he was not party to the constitution process with the President in respect of the two judges appointment earlier and against whom objections were voiced by the Supreme Court Bar Association.

What kind of consultation took place between the President and the now retired Chief Justice Mr. Mohammad Fazlul Karim and why he did not administer oath to those two judges are not matters known to the new Chief Justice Mr. A.B.M. Khairul Haque.

ACC corruption cases will continue

UNB, Dhaka

The Appellate Division of the Supreme Court on October 24 passed separate orders clearing the way for the trial courts to resume proceedings of the corruption cases against ex-adviser to a caretaker government Justice M Fazlul Huq and former ministers Sheikh Fazlul Karim Salim MP of Awami League and Mirza Abbas of BNP.

A 3-member Appellate Division bench, headed by Chief Justice ABM Khairul Haque, passed the orders upon petitions filed by Anti Corruption Commissions (ACC), overruling the High Court orders that had halted the proceedings of the cases.

Rule on Govt for imposing tax on varsities

BLHouse Report

The High Court (HC) yesterday issued a rule upon the government to explain why imposing 15 percent income tax on private universities and medical and dental colleges should not be declared illegal.

The rule is returnable within two weeks.

The court also stayed a notice, for two months, issued by National Board of Revenue (NBR) upon the North South University (NSU) to pay 15 percent tax in advance from its yearly income.

8th amendment challenge to be revived

Eighth Amendment

BLHouse Report

The concerned lawyers didn't mention the Writ petition, filed 22 years ago challenging legality of the Eighth Amendment to the Constitution that included 'Islam' as state religion, with High Court for not getting suitable bench.

Advocate Subrato Chowdhury, one of lawyers in the Writ petition said, "We are observing the situation and will mention the Writ petition with the HC after consulting with our lawyers."

SC compound may be heated

Mohammad Ali

Concerned authorities in the judiciary are waiting anxiously to see as to how Chief Justice ABM Khairul Haque deals with the much-debated issue of administering oaths to two 'controversial' judges of the High Court.

To set his mind in this regard, the Chief Justice has already started taking opinions of legal experts and leaders of Supreme Court Bar Association (SCBA).

However, sources in the Supreme Court said, the court compound might be heated if oath of the two judges was administered as the SCBA had already declared to wage tough movement against the swearing in.

31 SC benches reconstituted

Staff Reporter

Some 31 benches of the Supreme Court were reconstituted on Thursday.

The Chief Justice ABM Khairul Haque reformed the benches and redistributed their jurisdictions.

The benches with new jurisdictions will be effective from October 24.

CJ ABM Khairul Haque, after taking his office on September 30 last, reconstituted the HC benches for the second time.

View it in main newspaper

Govt won’t ban parties based on religion

RELIGIOUS PARTIES

At a regular weekly cabinet meeting on October 18 with Prime Minister Sheikh Hasina in the chair, it was stated that the government has no plan to ban any religion-based political party. A minister, who attended the meeting, preferring anonymity, informed reporters that the government would hold talks with the religion-based political parties, barring the Bangladesh Jamaat-e-Islami, to clear confusion on the matter.

According to him, the premier also directed the ministers to explain the government’s position vis-à-vis the issue of banning religion-based political parties among the people.

Complexity of reprinting Constitution

Mostafa Kamal Majumder

The upper echelon of the national administration is learnt to have been against banning religion-based politics. Ministers have reportedly been asked to assuage leaders of the religion-based parties and, if necessary, talk to them except those of the Jamaat-e-Islami Bangladesh. Law Minister Barrister Shafique Ahmed on the other hand said last week that his ministry has initiated the process of printing the Constitution as per the verdict of the High Court Division which declared the 5th amendment of the Constitution illegal.

Where do we stand now, constitutionally?

Dr M Shah Alam

Dr. M. Shah Alam , member of the Bangladesh Law Commission, wrote an article regarding recent debate of Constitutional amenment and reprint in the country. The article is published here for the BLHouse readers.

BLHouse Report

M. Shah AlamIt is becoming increasingly clear that it is not as easy for the government to address the post-Fifth Amendment judgement situation as was thought by many. The task has been further complicated by the Seventh Amendment judgement. There is speculation that the State-Religion part of the Eighth Amendment can also be challenged.

True, the power to amend any constitution exclusively lies with the parliament. It is equally true that the verdict of the apex court has the force of law and is binding on any individual or institution in the country. Our parliament is yet to amend the Constitution in line with the Supreme Court verdict, while the verdict itself is in the full force of the law. What, then, is our constitutional position now? And how weare going to put all the questions, speculations and confusions brewing around this at rest?

Law Commission chairman resigned for not getting support from government

Justice MA Rashid

BLHouse Report

The Law Commission chairman, Justice MA Rashid, has resigned from his office. He resigned for some differences of opinions, with the law ministry, including over reprint of the Constitution, sources in Law Commission said.

As reason behind his resignation, Justice MA Rashid yesterday told newsman, "I could not work how I wanted for not getting necessary support from the concerned authorities. So, I have resigned."

"I had wanted to make the commission as a strong body, but could not do that," he added expressing frustration.

Govt wants to gain using court, SCBA president

BLHouse Report

Supreme Court Bar Association (SCBA) President Advocate Khandker Mahbub Hossain yesterday alleged that the government was trying to achieve political gains keeping arms on the shoulders of the court.

Speaking at a press conference organised by the SCBA at his office in the Supreme Court he urged the government to let the court run in its own speed. "Otherwise, the court compound may be heated and ultimately country's democracy will fall into threat," cautioned.

As freedom of speech is no licence so justice is not a cloistered virtue

A National Daily of Bangladesh published a commentary on freedom of speeck and justice. The Commentary is given here for the readers of the Bangladesh Law House.

Our Supreme Court in more than one contempt proceedings upheld the principle laid down by the Privy Council:
"The path of criticism is a public way: the wrong-headed are permitted to err therein: provided that members of the public abstain from imputing improper motive to those taking part in the administration of justice, and are genuinely exercising a right of criticism and not acting in malice or attempting to impair the administration of justice, they are immune. Justice is not a cloistered virtue: she must be allowed to suffer the scrutiny and respectful even though outspoken comments of ordinary men."

Confidence in the judiciary must be protected not for the judges themselves, but for the survival of the rule of law. Our fundamental rights will not be enforceable without the help of a strong judiciary and the judiciary's strength comes from the confidence it enjoys of the people.

Vacation in SC

BLHouse Report
Vacation is going on in the Supreme Court. It is likely to re-open on October 24, sources said.

International crimes trial far from being fair

War Crimes Trial Speakers at an international seminar on "Human Rights: Perspective Bangladesh" on October 13 said that the war crimes trial being in Bangladesh falls short of the legal requirements of fair and neutral trial.

Bangladesh Supreme Court Bar Association (SCBA) organised the seminar at the Hotel Sonargaon in the capital Dhaka with its president Khandaker Mahbub Hossain in the chair.

The seminar was addressed, among others, by lawyer of International Criminal Tribunal of Yugoslavia (ICTY) and Rwanda (ICTR) Steven Kay QC, head of prosecution of war crimes of Bosnia and Herzegovina Toby Cadman, former Attorney General of Bangladesh Fida M Kamal, Barrister AKM Nazrul Islam, SCBA secretary Barrister Badruddoza Badol.

Khaleda set to vacate cantonment house

Khaleda Zia's residence located in
Mainul Hossain Road in cantonment

A court of Bangladedsh on October 13 in its judgment directed former prime minister and leader of the opposition Begum Khaleda Zia to vacate her cantonment house within one month.

The High Court passed the judgment rejecting Khaleda's Writ petition filed challenging a notice of the government that asked her to vacate the cantonment residence.

Sayeedi not produced to court, allegation of ill motive

The Dhaka Central Jail authorities could not produce the detained the Jamaat-e-Islami Nayeb-e-Ameer Maulana Delwar Hossain Sayeedi before the crimes tribunal due to his sickness yesterday.

The jail authorities earlier also expressed their failure to produce Sayeedi due to his illness.

However, Sayeedi's lawyer alleged of delaying proceedings of the trial intentionally, and of giving the plaintiffs opportunities to collect fake evidence and fulfill their lacking.

Govt appealed against Koko's parole

The government yesterday appealed with the Appellate Division against the High Court Division order that a day ago extended parole of Khaleda Zia's younger son Arafat Rahman Koko for 20 days.

The HC on Monday extended for 20 days its earlier order that stayed the government decision canceling Koko's  parole.

Hearing on the government appeal is likely to be held at the full bench of the Appellate Division today.