The Appellate
Division of the Supreme Court has said that the High Court violated the
constitution in hearing the case of the fugitive accused Dr Zubaida Rahman,
wife of BNP senior vice-chairman Tarique Rahman.
A full text of the judgment given by the Appellate Division
was published on Wednesday dismissing the leave to appeal filed by Zubaida
seeking dismissal of the case filed for acquiring assets from unknown sources.
The Appellate Division also declared Zubaida a fugitive.
At the same time, the High Court gave extra benefits to
Zubaida violation of the constitution, reads the judgment.
On April 13, a four-judge bench of the Appellate Division
headed by Chief Justice Hasan Foez Siddique dismissed the leave to appeal of
Zubaida and delivered a brief judgment.
The judgment was written by Justice Borhanuddin. Appellate
Division Justice Md Nuruzzaman and Justice M Enayetur Rahim and the Chief
Justice agreed with the judgment.
As per the judgment, the judicial court did not take
cognizance of the charges against Zubaida in the corruption case. "Where
the charges were not taken into account, how did she apply for dismissal of the
case under section 561A of the Code of Criminal Procedure?" asked the
Appellate Division.
And when she filed the appeal without surrendering before
the court, she was a fugitive in the eyes of the law. But a bench of the High
Court has issued a rule suspending the trial of the case after hearing the plea
of a fugitive, said Anti-Corruption Commission (ACC) lawyer Khurshid Alam Khan.
If a person or accused is a fugitive, he/she cannot file any
writ, criminal case or any legal action except surrender. But the High Court
has violated the law by giving more benefits to Zubaida Rahman, he added.
The Appellate Division further said all citizens are equal
before the law and are entitled to equal protection of the law according to
Article 27 of the Constitution. Judges of the Supreme Court of the country have
taken an oath to conduct justice without fear or bias. In any case, the
judiciary must adhere to this principle. The judiciary will not set a precedent
that does not apply to everyone.
ACC filed the case against Tarique, his wife Zubaida and her
mother Syeda Iqbal Mand Banu accusing them of amassing illegal wealth and
concealing information in wealth statements, with Kafrul police station on
September 26, 2007. The accused later filed a petition challenging the legality
of the case proceedings.
Later in the same year, the High Court issued a rule suspending
the proceedings on the application of Jobaida Rahman.
On April 12 in 2018, the High Court gave its judgment
dismissing the rule issued to dismiss the case. At the same time, Zubaida
Rahman was ordered to surrender before the court within eight weeks.
Zubaida then filed a leave to appeal in the Appellate
Division against the judgment of the High Court.
Lawyers say Zubaida, living in the UK, is a fugitive in the
case and will now have to go to jail after surrendering. She will then be able
to appeal for bail.
- UNB
Comment
Cyber terrorist Titu Rahman Najmus Saquib
Comment
The High Court on
Monday started the hearing on the death references and appeals of the convicts
in a murder case over the August 21 grenade attack on an Awami League
rally in 2004.
The hearing started at the HC bench of Justice Sahidul Karim
and Justice Md Mostafizur Rahman in the morning.
State counsel Attorney General Abu Mohammad (AM) Amin Uddin
gave his statement on the death references at the court.
A Dhaka court on October 10, 2018, sentenced 19 people,
including former state minister for home affairs Lutfozzaman Babar, to death in
the case.
The others who were sentenced to death are then DGFI
Director Major General (retd) Rezzakul Haider Chowdhury, then NSI Brigadier
General (retd) Abdur Rahim, Mohammad Hanif, Mohammad Rafiqul Islam, Sheikh
Abdus Salam, Abdul Mazed, Maulana Shawkat Osman, Mahibullah alias Mafizur
Rahman, Maulana Abu Taher, Maulana Abu Sayeed, Mohammad Jahangir Alam, Abul
Kalam Azad, Mainuddin Sheikh alias Abu Zandal, Ujjal alias Ratan, Hossain Ahmed
Tanim, Sheikh Abdus Salam and Abdul Malek.
All of the condemned convicts were also fined Tk 1 lakh
each.
Tarique Rahman, the eldest son of BNP Chairperson Khaleda
Zia, and 18 others were sentenced to life in prison.
On October 28, the same year, the case documents along with
the judgment copy was sent to the High Court for it to approve the death
sentence of the accused.
The death reference wing of the High Court scrutinized and
prepared the paper book of the respective case, which implies the case is ready
for hearing.
On August 16, last year, the paperbook of the grenade attack
case reached the Supreme Court.
Then the Attorney General applied to the Chief Justice for a
speedy hearing of the death references and appeals.
August 21 grenade attack case trial
On August 21, 2004, a grenade attack was carried out on an
Awami League rally at Bangabandhu Avenue when the BNP-Jamaat alliance was in
office. Sheikh Hasina, then leader of the opposition, was apparently the
target.
Although Sheikh Hasina fortunately escaped the attack
unhurt, her hearing was affected badly.
At least 13 grenades were thrown from the rooftops of a
nearby building soon after Sheikh Hasina had finished her speech at the rally.
Then the two cases -- one under the Explosive Substances Act
and another for murder -- were filed in connection with the grenade attack.
The then BNP-led government formed a one-member
investigation committee comprising of High Court Justice Jainul Abedin on
August 22, 2004.
As the Criminal Investigation Department (CID) was later
assigned to deal with the cases, they made a cooked-up story of Joj Mia and
arrested him with 20 other people in connection with the incident in June 2005.
During the remand period, CID collected a false confession
from Joj Mia, in which he said that he had taken part in the grenade attack in
exchange of Tk 5000 following the orders of his big brothers.
On June 11, 2008, CID assistant police superintendent Fazlul
Kabir submitted two separate charge-sheets in the two cases, accusing 22
people, including Harkat-ul-Jihad-al-Islami operations commander Mufti Abdul
Hannan and Abdus Salam Pintu, where Joj Mia was proven not guilty.
A court on August 3, 2009 ordered further investigation into
the cases following petitions filed by the prosecution after the Awami League
came to power.
In July, 2011, a supplementary charge-sheet was submitted
accusing 30 more people, including Tarique Rahman, former state minister for
home Lutfozzaman Babar, Abul Harris Chowdhury and the Ali Ahsan Mohammad
Mojaheed.
Of the charge-sheeted accused, Jamaat secretary general Ali
Ahsan Mohammad Mojaheed, and militant leaders Mufti Abdul Hannan and Sharif
Shahedul Alam alias Bipul--were dropped from the cases as they had been
executed after convictions in other cases.
- UNB
Comment
A Dhaka court on Sunday sentenced suspended Deputy Inspector
General (DIG) of Prisons Bazlur Rashid to five years imprisonment for illegally
amassing wealth worth Tk 3.14 crore.
Dhaka Special Judge’s Court-5 Jude Md Iqbal Hossain also
fined the convict Tk 5 lakh, in default, to suffer six months more in jail.
The court also cancelled his bail and sent him to jail.
The court on Saturday fixed Sunday for delivering the
judgment after completing arguments from the both sides.
The ACC summoned the suspended DIG and his wife for
interrogation on October 20 in 20019 and showed him arrested on the same day
after filing a case against him on charge of amassing illegal wealth worth Tk
3.14 crore.
ACC Deputy Director Md Nasir Uddin pressed chargesheet
against the ex-DIG on August 26, 2020. The court framed chagres against Bazlur
Rashid on October 22.
Comment
The High Court (HC)
on Wednesday upheld the death penalty for the five men and life imprisonment
for another person convicted of killing acclaimed photojournalist Aftab Ahmed
in 2013.
A division bench of justices Jahangir Hossain and Md Bashir
Ullah passed the order after hearing their appeal petitions.
Advocates SM Shahjahan, Helal Uddin Molla and Shafiqul Islam
stood for the petitioners, while deputy attorney general Samira Taranum Rabeya
Miti represented the state.
On 28 March, 2017, Dhaka Speedy Trial Tribunal-4 judge Abdur
Rahman Sardar sentenced the five men to death and another to life imprisonment
for the murder of Aftab.
The condemned convicts are Billal Hossain Kislu, Habib
Hawladar, Raju Munshi, Russel and driver Humayun Kabir Molla. Of them, Raju
Munshi and Russel were tried in absentia.
The lifer has been identified as Sabuj Khan. The court also
imposed a fine of Tk10,000 on him.
On 25 December, 2013, Aftab of Daily Ittefaq, an Ekushey
Padak recipient, was found dead at his West Rampura Wapda Road residence.
He was 69.
Driver Humayun, Habib and Billal subsequently made a
confessional statement before the court that the convicts had strangled the
victim to death while committing robbery in his house.
Billal looted Tk72,000 from his residence and shared the
money with the others involved in the killing, according to police.
Aftab received the coveted Ekushey Padak in 2006.
- UNB
Comment
A Dhaka court today has sentenced seven people to death in
the murder case of Masudur Rahman Shuvro, general secretary of Gouripur upazila
Swechasebak League and chairman of UCCA Limited, in Mymensingh. Besides, 3
people have been sentenced to life imprisonment.
Judge Monir Kamal of Dhaka Speedy Trial Tribunal-3 announced
the verdict on Monday.
The prime accused Mailakanda Union Chairman Riaduzzaman
Riyad along with 19 others were accused in the case.
Those who have been sentenced to death are - Mailakanda UP
Chairman Riaduzzaman Riyad, Gouripur Municipalty Chhatra Dal Joint Secretary
Sakib Ahmed Reza, North District Swechchhasebak Dal members Mozammel Haque,
Khairul Islam, Main Uddin, Ruhul Amin and Shariful islam Nayim.
Masud Parvez Curzon, Chatra Dal member Shariyatullah alias
Shumon and Jubo Dal member Russel Miah were sentenced to life time
imprisonment.
Others accused in the case have been acquitted of all
charges.
Comment
The High Court on Monday started the hearing on the death references and appeals of the convicts in a murder case over the August 21 grenade attack on an Awami League rally in 2004. The hearing started at the HC bench of Justice Sahidul Karim and Justice Md Mostafizur Rahman in the morning. State counsel Attorney General Abu Mohammad (AM) Amin Uddin gave his statement on the death references at the court.
A Dhaka court on Sunday sentenced suspended Deputy Inspector General (DIG) of Prisons Bazlur Rashid to five years imprisonment for illegally amassing wealth worth Tk 3.14 crore. Dhaka Special Judge’s Court-5 Jude Md Iqbal Hossain also fined the convict Tk 5 lakh, in default, to suffer six months more in jail.
The High Court (HC) on Wednesday upheld the death penalty for the five men and life imprisonment for another person convicted of killing acclaimed photojournalist Aftab Ahmed in 2013. A division bench of justices Jahangir Hossain and Md Bashir Ullah passed the order after hearing their appeal petitions.