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."