Tuesday, October 23, 2018 | ePaper

Writ on 'fictitious' cases

Sr Judge issues rule, Junior disagrees on jurisdiction

  • Print
Staff Reporter :
The High Court (HC) on Tuesday passed split order on a writ petition seeking directive on the government to form a high-powered body to probe the authenticity of cases filed against activists of BNP and other political parties.
The bench of Justice Moyeenul Islam Chowdhury and Justice Md Ashraful Kamal passed the order after concluding hearing on the petition.
The Senior Judge of the bench issued a rule upon the government to explain as to why the filing of fictitious and malafide cases against indefinite number of people should not be declared unlawful authority and as to why the disciplinary action should not be taken against those involved in filing of such cases.
The court, however, said, the investigative officers  will be freed to carry out the investigations on the cases.
In an interim order, Justice Myeenul Islam Chowdhury said, the Inspector General of Police (IGP), Police Headquarters and Shahbagh Police Station are hereby directed to take steps to examine the fictitious cases filed against the petitioners and others in Dhaka Metropolitan City and submit a report in the HC within 60 days stating the reason of filing such cases.
On the other hand, the Junior Judge of the bench Justice Ashraful Kamal summarily rejected the writ petition saying there was other forum to resolve such issues. Such things should go to a bench dealing with criminal cases, but not to a bench dealing with writ petitions, he said.
Justice Ashraful Kamal also observed that the cases could not be called 'fictitious' based on newspaper reports, rather they should be investigated properly.
As per the provision, now the split orders would be sent to the Chief Justice for his decision. After receiving the copy of the split order, the Chief Justice will assign another bench for final disposal of the petition, lawyers concerned opined.
On September 22, three pro-BNP lawyers filed the writ petition with the HC seeking its directive to the government to form a high-powered committee to inquire into the authenticity of the cases against opposition leaders and activists.
Advocate Khandker Mahbub Hossain, Advocate Nitai Roy Chowdhury and Advocate Sanaullah Mia collectively submitted the petition, saying that 4000 fictitious and malafide cases were filed across the country in September against three lakh leaders and activists of opposition political parties, including the BNP.
The cases were filed to create panic among opposition party men and to put pressure on them ahead of the Parliamentary elections, the lawyers, accused in some of the cases, said in the petition.
Dr Kamal Hossain, Barrister Moudud Ahmed and Advocate Khandker Mahbub Hossain appeared for the writ petitioners, while Attorney General Mahbubey Alam and Deputy Attorney General Ekramul Haque Tutul stood for the State. Dr Kamal said in his submission, the nature of these cases is identical, the charges are unclear, and the seizure lists are also the same.
He said, "Advocate Khandker Mahbub Hossain was the former President of the Supreme Court Bar Association and also a senior lawyer. He has been even charged with throwing cocktail on police."
"Such cases have been filed with political vendetta which is Contrary to the fundamental rights of the Constitution," Dr Kamal also said.
Attorney General said in his submission, "It will be proved in the investigations whether the cases are malafide or fictitious. You cannot say any case fictitious before any investigation or on the basis of reports published in the newspapers."
"The petitioners are saying that the cases are false, and the police are saying the cases are right. Who will decide who is correct? Let it to go the concern court. This matter cannot come to the High Court through the writ petition. It's a criminal matter and there is separate forum to dispose such kind of matter," the Attorney General said.
"They can challenge this kind of cases after starting of trial of the cases. No rule can be issued in this matter, as the police are acting on lawful authority," he said.

More News For this Category

Barrister Mainul arrested, taken to DB HQs

Barrister Mainul arrested, taken to DB HQs

Staff Reporter :A team of Detective Branch (DB) of police on Monday night detained former adviser to a caretaker government Barrister Mainul Hosein in a defamation case filed in Rangpur.Detectives

50 hurt as RMG workers clash with cops in N'ganj for dues

UNB, Narayanganj :At least50 peoplewere injured in a clash between garment workers and police in front of Naryanganj Export Processing Zone (EPZ) in Adamjee area of Shiddhirganj on Sunday morning.Hundreds

Working for restoring democracy, not portfolio, says Dr Kamal

Staff Reporter :Noted jurist and Gono Forum President Dr. Kamal Hossain said that he has no intention neither to run in the polls nor desire for any designation. "My mission

Oikya Front preparing to make Sylhet rally a success

Staff Reporter :Jatiya Oikya Front leaders are now passing a busy time to make its October 24 rally in Sylhet a grand success. With this end in view, leaders of

Prior permission to arrest public servant discriminatory to Constitution: TIB

Staff Reporter :The Transparency International Bangladesh (TIB) on Monday said that the provision of obtaining prior permission from the government in case of arresting a public servant in the proposed

Two more defamation cases filed against Mainul

Staff Reporter :Two more cases were filed in Cumilla and Bhola on Monday against Barrister Mainul Hosein on charge of hurling abusive words at journalist Masuda Bhatti in a television

Barrister Mainul gets anticipatory bail in another case

Staff Reporter :Barrister Mainul Hosein on Monday secured anticipatory bail for six weeks in the High Court in another defamation case filed in Kurigram court over hurling abuses at journalist

No chance to accept Jatiya Oikya Front's demand, says Quader

Staff Reporter :General Secretary of Awami League Obaidul Quader on Monday said, there is no chance of accepting any of the demands placed by Jatiya Oikya Front. "There is no

Agitated workers of Saad Fashion Garments blocked the main road adjacent to Adamjee EPZ in Siddhirganj in N'ganj and torched a covered van (inset) demanding arrears and bonus on Monday.

Agitated workers of Saad Fashion Garments blocked the main road adjacent to Adamjee EPZ in Siddhirganj in N'ganj and torched a covered van (inset) demanding arrears and bonus on Monday.

Legal Notice to Masuda Bhatti seeking apology

Staff Reporter :A legal notice has been served on Masuda Bhatti, a journalist, demanding apology in public within 24 hours for her intentional and defamatory question to renowned lawyer Barrister