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Four HC judges take oath

Posted by bangladesh

The newly appointed four judges of the High Court Division took oath on Monday.

Chief Justice Mohammad Muzammel Hossain administered the oath while Supreme Court Registrar A K M Shamsul Islam moderated the programme. Justices from both the divisions of the Supreme Court were present at the programme.

The four judges are – Justice Mohammad Ruhul Quddus, Justice Mohammad Khasruzzaman, Justice Farid Ahmed and Justice Mohammad Nazrul Islam Talukder.

They were appointed as additional judges of the High Court on Nov 4, 2010. There services have been regularised on Sunday in line with Article 95 (1) of the Constitution.

With the new appointments, there are 98 judges in the High Court now bringing down the number of additional judges to 20. The Appellate Division has seven judges.

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SC rejects govt petition

Posted by bangladesh

The Appellate Division on Sunday rejected government's leave to appeal petition challenging a High Court verdict that declared 'ineffective' and 'without legal basis' Speaker Abdul Hamid's previous ruling that Justice A H M Shamsuddin Choudhury violated the Constitution by making 'derogatory comments' against Parliament.

However, the highest court made some observations, a government lawyer said.

"The permission to appeal hasn't been granted, but there are some observations," Akhtar Imam told bdnews24.com after the full bench led by Chief Justice Mohammad Muzammel Hossain issued the verdict.


He, however, said, "Detail can not be said before the full text of the verdict is available."

"But," he added, "My experience says the High Court observations on the issue will not see much change. Rather, most of them will be retained."

If there were much change in the High Court verdict, the permission to appeal would have been given, he argued.

The court heard the plea on Thursday. Attorney General Mahbubey Alam argued for the state while Barrister Rokonuddin Mahmud represented the petitioner.

The High Court bench of justices Hasan Foez Siddique and ABM Altaf Hossain had made the observation in its verdict on July 24 after a petition sought the court's intervention over the Speaker's June 18 ruling that Justice Choudhury violated Article 78 (1) of the Constitution.

The full order of the High Court was released on Aug 27, resurrecting the debate as to which one is superior - the legislature or the judiciary.

The court had in its order observed the Speaker's ruling was non-existent in the eye of law and 'has no legal effect'. That ruling was not consistent with the Article 96 (95) of the Constitution and was also inconsistent with the Parliamentary procedures and the Constitution, it had observed.

The government filed an appeal seeking stay on the High Court order and the Supreme Court Chamber judge Nazmun Ara Sultana on Sep 3 referred the petition to the full bench of the Appellate Division for hearing.

The row began after the Speaker on May 29 made a statement in Parliament that people might stand up against the judiciary if they were aggrieved by any verdict of the court. It involved an order of the High Court that had asked the Roads and Highways Department to return some land to the Supreme Court.

The High Court bench of Justice Choudhury on June 5 criticised the Speaker for making that comment and dubbed the statement 'seditious', drawing flak from MPs.

As the situation got worse with heated arguments exchanged over the authority of the court and the Parliament, the Speaker came up with his ruling. In the ruling, he expected that the Chief Justice would himself initiate measures on the issue of the judge's comment and that the Parliament would support the decision that he would take.

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Full judgment of 13th Amendment published

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The remaining six judges of the Supreme Court bench that declared the 13th constitutional amendment illegal signed the full verdict on Sunday night, almost a year and a half after the historic judgment rescinded the caretaker government provision.

The full copy of the verdict, reached by a majority decision, was signed around 10pm following a series of meetings among the judges throughout the day.

Former Chief Justice ABM Khairul Haque and Supreme Court Registrar AKM Shamsul Islam confirmed bdnews24.com about the signing of the full verdict.

Justice Haque had signed the 342-page judgement in the Supreme Court on Thursday.

He was the top judge who headed the seven-strong bench that delivered the verdict on May 10, 2011. Justices Mahmud Hossain, Sinha and Mozammel Hossain agreed with him. Justices Wahab Miah and Sultana differed while Justice Iman Ali left the matter for Parliament to decide.

The judgement declared illegal the 15-year-old constitutional provision that mandated an elected government to transfer power to an unelected non-partisan caretaker administration to oversee a new parliamentary election on completion of its term.

In its short verdict, the apex court also observed that the rescinded system may be practised for another two parliamentary terms.

On June 30 last year, the Awami League-led Grand Alliance finally abolished the caretaker government system allowing general elections under elected partisan governments.

The court also asked Parliament to amend the Constitution to make sure that former Chief Justices or any other Supreme Court judges are not chosen as head of caretaker governments in case the system is kept for another two parliamentary elections.

This is the first time a verdict has been written in mixed languages – Bengali and English. Usually the court writes verdict in English. Justice Khairul Haque wrote the main part of the verdict in Bengali. Justice Ali wrote 150 pages of the verdict.

The main opposition BNP has been opposing the constitutional amendment claiming that the government partly implemented the verdict, but overlooked the other part on two elections under the caretakers.

The opposition insists that no election will be allowed under any partisan government. Though the caretaker government was introduced first in 1996, the elections taken place in 1990 were held under an interim government.

The BNP was forced by Awami League to introduce the caretaker government system through constitutional amendment for the first time. But the system came under scrutiny as the last military-backed caretaker government, which had a three-month mandate to hold elections, managed to linger on power for two years since 2007.

The High Court announced the caretaker government system legal after several people including Advocate M Salim Ullah challenged the 13th Amendment in 2004. They challenged the decision at the Appellate Division, drawing out the order.

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Full judgment of 13th Amendment published

Posted by bangladesh

The remaining six judges of the Supreme Court bench that declared the 13th constitutional amendment illegal signed the full verdict on Sunday night, almost a year and a half after the historic judgment rescinded the caretaker government provision.

The full copy of the verdict, reached by a majority decision, was signed around 10pm following a series of meetings among the judges throughout the day.

Former Chief Justice ABM Khairul Haque and Supreme Court Registrar AKM Shamsul Islam confirmed bdnews24.com about the signing of the full verdict.

Justice Haque had signed the 342-page judgement in the Supreme Court on Thursday.

He was the top judge who headed the seven-strong bench that delivered the verdict on May 10, 2011. Justices Mahmud Hossain, Sinha and Mozammel Hossain agreed with him. Justices Wahab Miah and Sultana differed while Justice Iman Ali left the matter for Parliament to decide.

The judgement declared illegal the 15-year-old constitutional provision that mandated an elected government to transfer power to an unelected non-partisan caretaker administration to oversee a new parliamentary election on completion of its term.

In its short verdict, the apex court also observed that the rescinded system may be practised for another two parliamentary terms.

On June 30 last year, the Awami League-led Grand Alliance finally abolished the caretaker government system allowing general elections under elected partisan governments.

The court also asked Parliament to amend the Constitution to make sure that former Chief Justices or any other Supreme Court judges are not chosen as head of caretaker governments in case the system is kept for another two parliamentary elections.

This is the first time a verdict has been written in mixed languages – Bengali and English. Usually the court writes verdict in English. Justice Khairul Haque wrote the main part of the verdict in Bengali. Justice Ali wrote 150 pages of the verdict.

The main opposition BNP has been opposing the constitutional amendment claiming that the government partly implemented the verdict, but overlooked the other part on two elections under the caretakers.

The opposition insists that no election will be allowed under any partisan government. Though the caretaker government was introduced first in 1996, the elections taken place in 1990 were held under an interim government.

The BNP was forced by Awami League to introduce the caretaker government system through constitutional amendment for the first time. But the system came under scrutiny as the last military-backed caretaker government, which had a three-month mandate to hold elections, managed to linger on power for two years since 2007.

The High Court announced the caretaker government system legal after several people including Advocate M Salim Ullah challenged the 13th Amendment in 2004. They challenged the decision at the Appellate Division, drawing out the order.

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High Court is provoking: Suranjit

Posted by bangladesh

The High Court's judgement on the ruling of the Speaker was 'provocative and conspiratorial', Minister Without Portfolio Suranjit Sengupta said on Tuesday.

His remarks came during an unscheduled discussion on the first day of its 14th session of Parliament.

Suranjit said, "Parliament won't exist if the Speaker's ruling is not enforced, nor does this judiciary or these judges. Issuing a verdict against his [Speaker] ruling is not only provocative, but also conspiratorial."

Speaker Abdul Hamid issued a ruling in May saying High Court judge Justice AHM Shamsuddin Choudhury violated the Constitution by making 'derogatory comment' about Parliament.

Following the observation, the bench of Justices Hasan Foez Siddique and ABM Altaf Hossain on July 24 declared the Speaker's June 18 ruling was 'non-existent in the eye of law' and 'has no legal basis after a petition sought the court's intervention over the Speaker's ruling that Justice Choudhury violated the Constitution's Article 78 (1).

Speaker Hamid pointed out on Tuesday, "The judiciary is certainly independent, but Parliament is sovereign."

He said that the Constitution was the highest law of the country and Parliament was its custodian. Addressing the MPs, Hamid said, "Let there be no doubt, let no one say this is a subjudice matter. We can most certainly discuss it here."

Suranjit later dubbed the court's verdict ad 'irresponsible'. "There is no martial law in which justices did not collude."

Earlier, Awami League lawmakers Tofail Ahmed and Sheikh Fazlul Karim Selim, speaking on a point of order after the question-answer session, set the House on fire.

Parliament became heated with the MPs demanding revival of Bangladesh's original constitution of 1972, which allowed Parliament to impeach judges.

A former Commerce Minister and a long time party stalwart, Tofail also questioned the qualifications of the judges of the bench.

He said, "Now the High Court judges are appointed on political grounds, and I don't think Justice Altaf Hossain has even completed the mandatory 10-year attachment with the High Court before being appointed to the bench."

"I strongly believe this verdict was not decided in the courtroom," Tofail added.

He said, "We appoint High Court judges on political grounds, and I don't think Justice Altaf Hossain has even completed the mandatory 10-year attachment with the High Court before being appointed to the bench."

He said the Ministry of Law, Justice and Parliamentary Affairs should keep an eye on these appointments.

Tofail ended with a proposal to revive Bangladesh's original constitution of 1972, which allowed Parliament to impeach judges.

Jatiya Samajtantrik Dal MP Mainuddin Khan Badal said the court's observation was 'obsolete, obscene and obnoxious'. "This is a rather ominous sign," he added.

Sheikh Fazlul Karim Selim also spoke on the same issue before Tofail. "The justices have given a bizarre, eerie verdict. The justices have stepped beyond their line."

"An independent judiciary does not mean anyone can say anything according to their own wishes. Justices are not beyond law. The judiciary is independent, but not sovereign."

He also demanded formation of Supreme Judicial Council to 'impeach' the Supreme Court judges.

Addressing the Speaker, Tofail raised questions over the identity and qualification of Deputy Attorney General Biswajit Roy who argued at the hearing against the Speaker.

He also questioned Justice ABM Altaf Hossain's qualifications for being a judge.

The senior ruling Awami League MP claimed recently appointed Justice Zafar Ahmed, nephew of Justice AHM Shamsuddin Choudhury, did not complete the mandatory 10-year attachment with the High Court as an advocate.

Justice Zafar Ahmed was enlisted as a lawyer in High Court Division in 1995.

Awami League MPs Sayedul Haque, Sheikh Fazle Noor Tapash, Fazle Rabbi Mia, Worker's Party's Rashed Khan Menon, JaSaD MP Hasanul Haque Inu and Jatiya Party MP Mujibul Haque Chunnu also harshly criticised the judges.

Menon said, "The two judges have violated the Constitution's Article 78. A Supreme Judicial Council can be formed against them and a motion condemning it can be adopted in Parliament."

However, Tapash told Parliament, "A vested quarter wants to lead Parliament and the judiciary to confrontation. We cannot fall for this trap. The court has given its observation over the Speaker's ruling. It cannot be called a verdict."

"This is an observation, there is no legal binding," he pointed out.

At this point, Speaker Abdul Hamid told him the court gave its verdict, not just observation.

"As the Speaker of this Parliament, I would like to say that this is not a case over land dispute or murder charges. This is a discussion about the Constitution. It cannot be sub-judice."

He said he would comment further on the issue later.

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Speaker's ruling ineffective, baseless: HC

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The High Court on Monday declared 'ineffective' and 'without legal basis' Speaker Abdul Hamid's previous ruling that Justice AHM Shamsuddin Choudhury violated the Constitution by making derogatory comment on the Parliament.

The two-strong panel of justices Hasan Foez Siddique and ABM Altaf Hossain made the observation after a petition sought the court's intervention over the Speaker's June 18 ruling that Justice Choudhury violated Article 78 (1) of the Constitution.

On July 24, the High Court settled the writ petition but signed the written copy of its observations on Monday.

After the verdict, Deputy Attorney General Biswajit Roy, who represented the state, had told bdnews24.com that the court had given the verdict after hearing both sides. "The petition was settled with several observations."

Roy had said the observations would be elaborated in the written copy of the verdict.

On July 18, the bench of justices Naima Haider and Muhammad Khurshid Alam Sarkar had felt embarrassed to hear the petition that sought an order to declare illegal the Speaker's ruling.

The petitioners also sought an order to ban issuance of any such ruling by the Speaker.

Speaker Hamid had given the ruling rather reluctantly in Parliament as MPs demanded steps after Justice Choudhury criticised the chief of the legislature and threatened to invoke the constitutional provision to impeach sitting judges.

The Speaker had hoped the Chief Justice would himself initiate measures in this regard and Parliament would support his decision.

The row began after the Speaker on May 29 made the statement that people might stand up against the judiciary if they are aggrieved by any verdict of the court. It involved an order of the High Court that had asked the Roads and Highways Department to return some land to the Supreme Court.

Justice Choudhury in response to the statement said on June 5 that the Speaker's such a comment was tantamount to sedition.

His comment triggered commotion in Parliament and MPs demanded ruling from the Speaker.

In his ruling, the Speaker said Justice Choudhury's comment was derogatory and a violation of the constitution.

Article 78 of the Constitution provides immunity to the speeches, actions and votes of MPs made within Parliament sessions, and holds them not answerable for any such actions of the court.

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HC halts Speedy Trial Tribunal proceedings

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The High Court on Monday halted for eight weeks proceedings of the Speedy Trial Tribunal-5, the court which was hearing the Apr 29 arson case against 18-Party opposition alliance leaders.

The bench of justices Naima Haider and Muhammad Khurshid Alam Sarkar gave the order after hearing a petition by BNP leader Mahbub Uddin Khokon challenging the jurisdiction of the lower court.

It also questioned the legality of the formation of the tribunal and setting the jurisdiction of the judge through the order of the CMM, without issuing a gazette, and why the moves will not be declared conflicting with the Speedy Trial Tribunal's law.

The respondents, including the Law Secretary, Cabinet Secretary, Public Administration Secretary and Dhaka's Chief Metropolitan Magistrate Bikash Chandra Saha, have two weeks to answer the court.

Stay on tribunal, not case

After the order, Attorney General Mahbubey Alam told the court that criminals should not be allowed to walk free only because there was a procedural flaw in the case. "So it will not be right to give a stay order on the case."

In response, the judges said they had not stayed the proceedings of the case, but that of the tribunal.

After the hearing, defence lawyer Ahsanul Karim told journalists that the court has stayed judicial activities of the Speedy Trial Tribunal-5. "The proceedings of the case against the opposition leaders will remain halted also."

However, the Attorney General pointed out that the High Court had stayed the proceedings of the tribunal as they could not present the gazette of its formation. "I do not believe there is any problem in running the case in any other court."

Embarrassed

Earlier in the day, the bench of justices Mirza Hussain Haider and Kazi Md Ejarul Haque Akondo started the hearing but asked the petitioner's lawyer to shift the case to another bench at one point of the proceedings.

After the hearing started at the first bench, Deputy Attorney General Al Amin Sarkar told the court: "The Attorney General is supposed to argue in the hearing. He will arrive at 12pm. Let the hearing start then."

At one point of the discussion between the senior judge and the prosecution lawyer, the junior judge of the bench felt 'embarrassed'. The senior judge then said, "One of us is feeling embarrassed. We are giving the permission to move the case to another bench."

The bench, on Sunday, had set the hearing for 11am after the prosecution urged for more time on behalf of the Attorney General.

After moving the case to the bench of justices Naima Haider and Khurshid Alam Sarkar, the defence pointed out that the lower court had scheduled hearing witness accounts in the case for Tuesday.

President of Supreme Court Bar Association Zainul Abedin filed the plea for BNP leader Mahbub Uddin Khokon.

Khokon had filed the plea with the High Court on July 29 for a halt in the case proceedings and questioned the jurisdiction of Dhaka's Speedy Trial Tribunal which framed the charges in the case. The accusations were levelled against the opposition leaders on Apr 29 at Tejgaon Police Station.

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2G licence renewal Tuesday

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Without signing any memorandum of understanding (MoU) with the mobile phone operators to reach a consensus over 2G licence renewal, the government has decided to renew licences of four companies on Tuesday.

Post and Telecommunications Minister Rajiuddin Ahmed will hand over the licences, valid for the next 15 years, to the operators – Grameenphone, Banglalink, Robi and Citycell – at a function in the main conference room of the Bangladesh Telecommunication Regulatory Commission (BTRC) at 3:30pm.

BTRC Chairman Maj Gen (Retd) Zia Ahmed told bdnews24.com on Monday that no agreement would be signed between BTRC and the operators for the licence renewal.

He said that the 2G licences were being renewed as recommended by the government and the operators would have to pay the second instalment of fees and charges as per law.

Upon receiving a letter from the Post and Telecommunications Ministry, the telecom regulator on Aug 1 invited four mobile companies to renew their licences on Tuesday.

The ministry in its letter asked BTRC to issue licences to the operators within a week after settling issues with the operators, and sign a tripartite agreement with the National Board of Revenue (NBR) and the operators.

The BTRC chief on Aug 2 said that they were reviewing the draft of the agreement and the final decision on it would be taken after the review.

However, a senior BTRC official told bdnews24.com that the Commission would not proceed with the proposed agreement to avoid legal complexities in the licence renewal.

On July 26 this year, Finance Minister A M A Abdul Muhith, after a meeting with representatives from mobile-phone operators, BTRC and NBR, had said that 2G licences would be renewed by August. He also said that both parties were asked to withdraw from legal battle before the licences were renewed.

BTRC is currently screening the draft of 12 conditions discussed with the minister to reach a consensus with the mobile phone operators.

After a stand-off with BTRC for more than nine months, the telecom regulator on Thursday sent letters to the four mobile phone operators asking them to send their representatives to get their 2G licences renewed on Aug 7 for the next 15 years, as recommended by the telecom ministry.

On Sept 11 last year, the watchdog had published final guidelines on renewing the licences, two months before 2G licences of the four operators expired.

BTRC was supposed to renew the licences by Nov 10, but it did not, and the operators took the issue to the High Court which is yet to give its ruling on the matter.

In November last year, the four operators had deposited the first instalment of their renewal and frequency allocation fee. The second instalment was supposed to be paid by Aug 1, but the telecom regulator has extended the deadline by a month.

The four operators are paying Tk 75.63 billion for the renewal.

According to BTRC, over 90 million people are currently using mobile phone across the country.

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Remove Dhanmondi businesses: HC

Posted by bangladesh

The High Court on Monday ordered authorities to remove all commercial establishments from Dhanmondi residential area.

However, the order would not be applicable to commercial establishments at Mirpur Road, Sat Masjid Road, Road-2 and Road-27.

The High Court bench of justices Nayeem Haider and Farid Ahmed, after hearing a public interest petition, also ordered approptiate authorities to issue notices before clearing the establishments.

The petitioner's lawyer Manzil Morshed said the clearing drive would have to be launched following the rules of Rajuk, by giving the owners notice and enough time for relocating their businesses.

All the 11 branches of Maple Leaf International School will get three years to relocate their campuses from the area, but until then the school authorities will have to introduce a system by employing people to contain traffic congestion in adjacent areas, said Morshed quoting the court order.

President of Dhanmondi Kalyan Samity Prof AFM Masud and Secretary MA Matin filed the petition on Feb 1, 2011.

Deputy Attorney General Mokhlesur Rahman said, "The court has ordered for evicting unauthorised commercial establishments from Dhanmondi residential area. The court also asked Maple Leaf International School to bring all of its 11 branches into one campus."

"The court also said that prior permission have to be taken from appropriate authorities before establishing any businesses there in the future," Rahman added.

Public Works Secretary, Environment Secretary, Dhaka City Corporation, District Commissioner of Dhaka, Executive Engineer of Power Development Board at Dhanmondi, authorised Rajuk officer of the area and Officer-in-Charge of Dhanmondi police station have been asked to execute the order.

Earlier, when the petition was filed last year, the High Court issued rule asking why eviction of commercial establishments should not be ordered to protect characteristics of a residential area.

The court then also embargoed allowing any new commercial establishment in the area for six months.

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Ruling MPs demand removal of HC judge

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The ruling alliance MPs have asked the Chief Justice to remove Justice A H M Shamsuddin Chowdhury in three days for his comment against the Speaker or they have threatened to revive the constitutional provision to impeach judges.

Hours after Justice Chowdhury commented during court proceedings that the Speaker has 'committed a crime similar to sedition' by criticising a verdict of the High Court, the ruling alliance MPs blasted the judge in the parliament and asked the Chief Justice to constitute judicial council for his removal.

Minister without portfolio Suranjit Sengupta, while speaking in the parliament on Tuesday, gave three days to remove Justice Chowdhury.

"Otherwise, the Section 96 of the 1972 Constitution will be revived," he said.

The Parliament had the power to impeach judges following the Section 96 of the 1972 Constitution. Military ruler Ziaur Rahman amended the provision and vested the power to the Supreme Judicial Council. The President can ask the Chief Justice to constitute the Supreme Judicial Council, according to the Constitution.
On Tuesday's session the Workers Party MP Rashed Khan Menon raised the issue of Justice Chowdhury despite reservation of the Deputy Speaker, who was on the chair.

Then Suranjit, Tofail Ahmed and Sheikh Fazlul Karim Selim of Awami League, Mayeen Uddin Khan Badal of Jatiya Samajtantrik Dal and Mujibul Haque of Jatiya Party spoke on the issue and bitterly criticized Justice Chowdhury for his comment.

Other MPs, who were present in the House, were encouraging the speakers by thumping their tables when they were criticizing Justice Chowdhury or was mentioning the word 'impeach'.

Prime Minister Sheikh Hasina was in the House when the issue was raised, but she left as soon as the MPs started speaking on the issue.
Suranjit said, "I am drawing attention of the Chief Justice and I will say that he (Justice Chowdhury) has violated the Constitution. What was discussed in the Parliament that cannot judged. He has violated the Constitution by doing that. He cannot remain a justice anymore."

He urged the President Zillur Rahman and the Chief Justice Mohammad Muzammel Hossain to form Supreme Judicial Council to remove Justice Chowdhury.

"We'll wait for three days. We'll see whether the Chief Justice forms any Supreme Judicial Council. If he doesn't, we'll revive our right to save the sovereignty of parliament," Suranjit said.

"He who violates the Constitution should not be on that chair," he said.

"We have abandoned the right to impeach. But we can bring it back in five minutes," he added.

Tofail termed Justice Chowdhury 'sadist'. "He likes to insult others."

Calling Justice Chowdhury by his nickname 'Manik' Tofail said, "He is a lucky guy. Abdul Matin Khasru made him justice when he was the law minister. BNP did not confirm him. We confirmed him as High Court judge after we came to power this time."

"There is another one...Manzill Murshid. It seems that he has no other job to do. He reads newspapers, goes to Manik and gets rules issued," he said.

"He (Justice Chowdhury) punished a traffic police personnel by ordering him to perform sit-ups for not saluting him. This judge wanted a seat in the business class though he bought a third-class ticket," he added.

Earlier on the day, lawyer Manzill Murshid drew Justice Chowdhury's attention to newspaper reports on remarks of the Speaker when the court was dealing the petition of handing over a land occupied by the Sarak Bhaban under Communications Ministry.

The Speaker last week in Parliament criticised a High Court verdict over the ownership the land. In the verdict, the court ordered the Roads and Highways Department on May 29 to hand over the land to the Supreme Court, which the court said the original owner of the land.

Speaker Abdul Hamid then urged the court to reconsider the verdict and said people would stand against the judiciary if they get agitated with court verdict.

Criticising the Speaker, Justice Chowdhury on Tuesday said Hamid has instigated people against the Supreme Court and the government, which 'is a crime similar to sedition'.

Tuesday's discussion in Parliament on the issue started when Workers' Party MP Menon drew Deputy Speaker's attention on point of order. The Deputy Speaker, however, seemed unwilling to allow any discussion. "Nothing serious happened in Parliament so that you can raise point of order. The discussion can be held tomorrow," he said.

Menon said, "The Speaker did not ask anyone to stand against the court. He spoke about coordination among the administration, judiciary and parliament. So, such attitude towards the Speaker cannot be accepted."

The MPs shouted that they wanted to have a discussion.

Awami League MP Sheikh Selim said parliament should pass a motion seeking apology from Justice Chowdhury.

The Deputy Speaker said he would prefer a discussion on Wednesday as he knew nothing about the issue.

"There are news reports in the internet. We have copies. We are sending those to you," Selim replied.

JaSad MP Badal said, "Such signs were seen during the Pakistan period. It's a bad sign...when the government is trying to make everything right, they are being obstructed."

Jatiya Party's Mujibul said Justice Chowdhury had become a judge 'at the mercy' of the Awami League government. "He is mentally ill. He has no authority to go to court," he said.

He also demanded revival of the Section 96 of the 1972 Constitution to ensure accountability of the judges.

At the end of the discussion, Deputy Speaker Shawakat Ali said, "We'll take decision after talking with the Speaker."

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Why OSD without specific reason

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The High Court on Monday asked the government why making public servants officers on special duty (OSD) without any specific reason and time limit should not be declared unlawful.

The bench of Justices Mirza Hussain Haider and Muhammad Khurshid Alam Sarker issued the rule asking the Public Administration Secretary to respond within eight weeks.

The court issued the rule following a writ petition filed by former Secretary Asaf-ud-Daula.

It also ordered the Secretary to explain why the Public Administration Ministry should not make specific guidelines on OSD. He will also have to submit a report with a list of the officials of the ministry made OSD in past 10 years and the expenses the government had to bear for them.

The petitioner's lawyer Anik R Haque told the court that only the Public Administration Ministry has as many as 591 officials as OSD. Of them, three are Secretaries, 37 Additional Secretaries, 146 Joint Secretaries, 170 Deputy Secretaries, 190 Senior Assistant Secretaries and 45 Assistant Secretaries, according to him.

"These officials are paid Tk 15.031 million in basic salary every month. They are being paid from the taxes people pay," he said at the hearing.

In many cases, he added, skills of these officials were not used properly as they are made OSD.

He also said a circular issued in 1991 had explained that reasons behind OSD. "There has been no specific reason to make OSD 90 percent of those who are OSD now," he added.

OSD are usually political victims with having no work to do with either in the policy making or the implementation process of the government.

Sending officers on special duty is seen as a punishment because the government of the day feels no need to have them, mostly for political reason.

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Admit Khoka to BIRDEM Hospital: HC

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The High Court on Monday ordered authorities to send detained BNP leader Sadeque Hossain Khoka to the BIRDEM Hospital and asked them why he should not get regular bail.

The bench of Justices Salma Masud Chowdhury and F R M Nazmul Ahsan issued the order and the rule after hearing a bail petition of BNP Vice Chairman Khoka.

Dhaka district's Deputy Commissioner was given a week to respond.

Barrister Moudud Ahmed argued for the former Dhaka Mayor at the hearing. Additional Attorney General M K Rahman and Deputy Attorney General Khandker Diliruzzaman stood for the state.

"The court ordered the jail authorities to immediately send him (Khoka) to the BIRDEM Hospital and issued a rule on his bail. It also asked for submission of a new petition if the doctors at the BIRDEM Hospital advise transferring him to another hospital," Moudud said.

The same bench granted temporary bail to five opposition MPs on Sunday and issued a rule asking why the opposition leaders who appealed for bail should not get regular bail.

A total of 42 leaders of the BNP, its allies and their associate organisations had been sent to jail in a case over torching a bus in front of the Prime Minister's Office during a shutdown on Apr 29.

Thirty-five senior leaders of the 18-Party Alliance, arrested in the case, appealed to the High Court against the May 23 rejection of their bail by a Sessions Judges' Court. The arrested leaders include BNP Acting Secretary General Mirza Fakhrul Islam Alamgir.

Those who got interim bail from the High Court on Sunday are BNP MPs M K Anwar, Mahbub Uddin Khokan and Shahiduddin Chowdhury Annie, and Liberal Democratic Party (LDP) MP Oli Ahmed and Bangladesh Jatiya Party (BJP) MP Andaleeve Rahman Partho.

The court also said on Sunday that it would hear the petition of Khoka on Monday.

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5 opposition MPs get bail from HC

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Five opposition MPs secured six weeks' bail from the High Court in an arson attack case on Sunday, hours before the budget session of Parliament was to begin.

The bench of Justices Salma Masud Chowdhury and F R M Nazmul Ahsan also issued a rule asking the government why all the accused opposition leaders who appealed for bail should not get regular bail.

The government was given seven days to respond to the rule.

Those who got bail are BNP MPs M K Anwar, Mahbub Uddin Khokan and Shahiduddin Chowdhury Annie, and Liberal Democratic Party (LDP) MP Oli Ahmed and Bangladesh Jatiya Party (BJP) MP Andaleeve Rahman Partho.

They had been sent to jail in one of the cases filed under the Speedy Trial Act over torching of a vehicle during a shutdown on Apr 29.

Khandker Mahbub Hossain, former President of Supreme Court Bar Association and Advisor to BNP Chairperson Khaleda Zia, argued for the petitioners while Additional Attorney General M K Rahman stood for the state.

M K Rahman said the court granted bail for six weeks. Mahbub Hossain, however, said the bail was for six months, not six weeks.

Earlier in the day, counsels of the opposition leaders appealed against the May 23 order of the Metropolitan Sessions Judges' Court that rejected bail pleas of the arrested 18-Party opposition alliance leaders.

The BNP had enforced the Apr 29 general strike in protest against the disappearance of one of its organising secretaries M Ilias Ali. Tejgaon police had filed a case under the Speedy Trial Act against the opposition leaders over the incident.

Thirty-three top opposition leaders, including BNP Acting Secretary General Mirza Fakhrul Islam Alamgir, Standing Committee Member Anwar, Students Affairs Secretary Annie, Liberal Democratic Party President Oli, and Bangladesh Jatiya Party (BJP) Chairman Partho, had been sent to jail on May 17 following an order by a Dhaka metropolitan speedy trial magistrate after they surrendered in line with a previous High Court order.

BNP Joint Secretary-General Mahbub Uddin Khokan had been granted anticipatory bail until May 21 but he was arrested after the bail expired.

Another BNP Joint Secretary-General Ruhul Kabir Rizvi and leader Kamrazzuman Ratan had been arrested earlier.

The other detained leaders include BNP Vice Chairman Sadeque Hossain Khoka, Standing Committee Members Khandker Mosharraf Hossain, A S M Hannan Shah, Mirza Abbas and Goyeshwar Chandra Roy, Joint Secretary-General Aman Ullah Aman, Organising Secretary Fazlul Haque Milon and International Affairs Secretary Nazim Uddin Alam.

Jatiya Ganatantrik Party President Shafiul Alam Prodhan and NPP Chairman Sheikh Shawkat Hossain Nilu had also been sent to jail in the same case.

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'Why not rule silver CNGs illegal?'

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The High Court on Monday asked four government officials to explain why no measures have been taken against 'private' CNG-run auto-rickshaws that operate commercially illegally.

The Communications Secretary, BRTA Chairman, DMP Commissioner and Dhaka's Deputy Commissioner were asked to answer to the court within two weeks.

The bench of Justices Mohammad Bazlur Rahman and Mohammad Habibul Gani on their own volition issued the rule after reading media reports.

The court also asked them to find reasons behind not cancelling registration of such vehicles and why it would not order the police commissioner to run mobile courts to bring those responsible to justice.

The court also asked the BRTA Chairman to submit within June 5 a report on the number of auto-rickshaws that were registered in Dhaka and surrounding areas after 2004 and the main record listing vehicles registered under the 'Da' series.

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HC bars publication of 'Deyal'

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The High Court on Tuesday forbade publication of political novel 'Deyal' without correction by Humayun Ahmed on the assassination of the nation's founding father Bangabandhu Sheikh Mujibur Rahman and the post-75 developments.


The suo moto ruling by the bench of justices A H M Shamsuddin Chowdhury and Jahangir Hossain came on Tuesday after Attorney General Mahbubey Alam brought to its attention the two sections of the novel published by a Bengali-language daily on May 11.

Alam objected to the depiction of Bangabandhu's youngest son Sheikh Rasel's killing in the two chapters.

The court on its own volition slapped an embargo on the publication of the book without correcting the portrayal.

The Information Secretary and the Education Secretary have been asked to contact the writer over the matter.

Even though Sheikh Mujibur Rahman was mentioned in the famed fiction writer's various writings, this is his first extensive foray into the assassination of the founding president and the post-75 events.

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IGP not to appear before HC

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A chamber justice of the Appellate Division has stayed a previous High Court (HC) order for four weeks that asked the inspector general of police (IGP) to appear before it on May 16.

Police chief Hasan Mahmud Khandaker on Tuesday received summons from the High Court to explain steps taken to locate two 'missing' Islamic University (IU) students who allegedly went missing almost three months back.

In response to a government appeal, the Appellate Division justice, Syed Mahmud Hossain, passed the order on Wednesday.

Attorney general Mahbube Alam and deputy attorney general Sarder Mohammad Rashed Jahangir argued for the state during the hearing.

"Besides staying the High Court's previous order for four weeks, the court also ordered to move to it with a regular appeal with four weeks," Rashed Jahangir told .

According to the petition filed over the 'disappearance' of the duo, the Rapid Action Battalion (RAB) personnel in plain clothes picked up the two IU unit leaders of Islami Chhatra Shibir (ICS) from a bus at Nabinagar in Savar while they were returning to Kushtia from Dhaka on the night of Feb 4.

The missing leaders are Al Mukaddas of Al-Fiqh and Mohammad Waliullah of Dawah departments. Mukaddas is the cultural secretary of the university unit of the ICS while Waliullah is its finance secretary.

A four-day strike was observed at the university in Kushtia town in protest against the 'forced disappearance' of the two leaders.

Following a writ appeal, the High Court on Feb 15 issued a rule asking the government officials to explain why they should not be directed to produce the duo before it to prove that they were not detained illegally.

Hearing the writ petition, the bench of justices Abdul Awal and Mohammad Ashraful Kamal had issued the summons to the IGP on Tuesday.

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HC halts BCS exam prep

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The High Court on Monday ordered authorities to suspend the process of the 33rd Bangladesh Civil Service (BCS) preliminary test for three weeks and asked why the circular should not be declared illegal.

Following a writ petition filed on Sunday by 20 candidates who applied online but did not get admit cards, the bench of justices Farid Ahmed and Sheikh Hassan Arif issued the orders.

"According to the High Court order, all sorts of activities of the 33rd BCS will remain halted for three weeks," petitioners' lawyer A K M Fayez told bdnews24.com.

"The court wanted to know why the BCS circular with the condition of online application only should not be declared illegal," he said.

The court also asked why the Public Service Commission (PSC) would not be given directives to allow the applicants, who did not get their admit cards, to sit the test slated for June 1.

The court ordered the PSC chairman, Cabinet secretary, PSC's examination controller and Teletalk chairman to respond in one week.

"We told the court that the deprived applicants are at no fault. They applied in proper time. They cannot be deprived for the problem in Teletalk server. They did not get recourse even after appealing to the PSC chairman," Fayez said.

"In line with law, applications with the process to fill up online forms do not give everyone equal opportunity, which is contradictory to Section 29 of the constitution. The Section says everyone will have to be given equal opportunity in appointments," he added.

On Feb 29, the PSC published the circular for the test to fill up 4,206 vacant posts.

Amidst threat by applicants who did not get admit cards to move the High Court, the PSC had announced on Apr 10 that the 33rd BCS preliminary test will be held on June 1.

According to the PSC, 183,627 applicants have applied online from Mar 8 to Apr 7 for the 33rd BCS. This is first time BCS candidates have submitted applications online. The fee for the test was Tk 500.

State-owned mobile-phone operator Teletalk was assigned the task to collect the money submitted by candidates using its SMS service.

Teletalk said money of some 13,500 candidates could not be deposited as the pressure on the server was at its peak in the last two days as 50,000 candidates applied on those days.

The PSC argued that those who failed to submit the fee will not be allowed to take the test as 'the commission had alerted them about the pressure on the server by the end of the deadline to submit applications'.

Hours before the PSC announcement to hold the preliminary test, eight to 10 aspirants who had failed to get admit cards even after filling up online forms at a media conference threatened to move the High Court if they were not allowed chance to sit the test.

Apart from Fayez, lawyers Mostafizur Rahman and Parvin Hannan stood for the petitioners while assistant attorney general Samarendra Nath Biswas stood for the government.

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HC rule not to impact trade: DSE

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Dhaka Stock Exchange authorities believe that the High Court rule, which seeks explanation on a Securities and Exchange Commission order that makes holding two percent shares by directors mandatory, will not impact trading in the capital market.

Soon after the High Court issued the rule on Sunday, DSE called an emergency meeting where it was decided that the trading would be stopped, but later they changed their mind.

DSE president Rakibur Rahman, after the meeting, urged the investors not to panic over the High Court ruling.

DSE officials will sit with attorney general Mahbubey Alam at 9am on Monday to discuss the SEC order, Rakibur said. "The SEC direction will have to be implemented."

DSE director Ahsanul Islam also expressed hope that the rule will not impact the market.

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