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IN the SUPREME COURT of BANGLADESH APPELLATE DIVISION (Civil) Present: Surendra Kumar Sinha, CJ Government of Bangladesh and Others: Md
272 Government of Bangladesh =VS= Asaduzzaman Siddiqui (S. K. Sinha, CJ) 6 LM (AD) 2019 (1) IN THE SUPREME COURT OF BANGLADESH APPELLATE DIVISION (Civil) Present: Surendra Kumar Sinha, CJ Government of Bangladesh and others: Md. Abdul Wahhab Miah, J ... Appellants. Nazmun Ara Sultana, J Syed Mahmud Hossain, J Muhammad Imman Ali, J Hasan Foez Siddique, J =VS= Mirza Hussain Haider, J th th st nd rd Date of hearing: 8 , 9 , 21 , 22 , 23 , 24th, 25th, 28th, 29th, 30th May, 2017 and 1st June, 2017. Advocate Asaduzzaman Siddiqui and others: rd Date of Judgment: 3 July, 2017. ... Respondents. Result: Dismissed CIVIL APPEAL NO.06 OF 2017. (From the judgment and order dated 05.05.2016 passed by the High Court Division in Writ Petition No.9989 of 2014.) ADVOCATES WHO APPEARED IN THIS CASE: For the Appellants: Mr. Mahbubey Alam, Attorney General, with Mr. Murad Reza, Additional Attorney General, Mr. Momtaz Uddin Fakir, Additional Attorney General, Mr. Biswajit Debnath, Deputy Attorney General, Mr. Motaher Hossain Sazu, Deputy Attorney General, Mr. Md. Ekramul Hoque, Deputy Attorney General, Mr. Kh. Diliruzzaman, Deputy Attorney General, Mr. Masud Hasan Chowdhury, Deputy Attorney General, Mr. Amit Talukdar, Deputy Attorney General, Mr. Sheikh Saifuzzaman, Assistant Attorney General, Mr. Bashir Ahmed, Assistant Attorney General, Ms. Mahfuza Begum, Assistant Attorney General, instructed by Mr. Haridas Paul, Advocate-on-Record. For the Respondents: Mr. Munzill Murshed, Advocate, instructed by Mr. M. Ashrafuzzaman Khan, Advocate-on-Record. AS AMICI: Mr. T.H. Khan, Senior Advocate, Dr. Kamal Hossain, Senior Advocate, Mr. Abdul Wadud Bhuiyan, Senior Advocate, Mr. M. Amirul Islam, Senior Advocate, Mr.Rokanuddin Mahmud, Senior Advocate, Mr. -
Urgent Appeal - the Observatory
1 URGENT APPEAL - THE OBSERVATORY BGD 001 / 0517 / OBS 051 Arbitrary detention / Judicial harassment Bangladesh May 12, 2017 The Observatory for the Protection of Human Rights Defenders, a partnership of the World Organisation Against Torture (OMCT) and FIDH, requests your urgent intervention in the following situation in Bangladesh. Brief description of the information: The Observatory has been informed by reliable sources about the arbitrary detention of two journalists associated with the human rights non-governmental organisation (NGO) Odhikar, Messrs. Hasan Ali, a Kushtia District correspondent for Bangla Vision TV, and Aslam Ali, a staff reporter for Dainik Kushtia Dorpan. According to the information received, on May 9, 2017, Messrs. Hasan Ali and Aslam Ali were taken into custody after surrendering before the Court of Chief Judicial Magistrate at Kushtia District under Section 57(2) of the Information and Communication Technology Act 2006 (ICT ACT - amended in 2009 and 2013)1. At the time of publication of this Urgent Appeal, both remained detained in Kushtia District Jail. On March 30, 2017, Mr. Hasibur Rahman Riju, a police informer, filed a complaint at Kushtia Model Police Station against Messrs. Hasan Ali and Aslam Ali. He accused them of publishing an offensive post under the Facebook name ‘Sultan Eslam’ by using the cell phone of a worker at a tea stall at Thana Mor of Kushtia town. Mr. Hasibur Rahman Riju alleged that the post defamed him and violated Section 57(2) of ICT Act. On the same day, police Sub-Inspector Azizur Rahman arrested Messrs. Hasan Ali and Aslam Ali, along with Mr. -
Human Rights Monitoring Report
Human Rights Monitoring Report 1 – 31 May 2018 1 June 2018 1 Odhikar has, since 1994, been monitoring the human rights situation in Bangladesh in order to promote and protect civil, political, economic, social and cultural rights of Bangladeshi citizens and to report on violations and defend the victims. Odhikar does not believe that the human rights movement merely endeavours to protect the „individual‟ from violations perpetrated by the state; rather, it believes that the movement to establish the rights and dignity of every individual is part of the struggle to constitute Bangladesh as a democratic state. Odhikar has always been consistent in creating mass awareness of human rights issues using several means, including reporting violations perpetrated by the State and advocacy and campaign to ensure internationally recognised civil and political rights of citizens. The Organisation unconditionally stands by the victims of oppression and maintains no prejudice with regard to political leanings or ideological orientation, race, religion or sex. In line with this campaign, Odhikar prepares and releases human rights status reports every month. The Organisation has prepared and disseminated this human rights monitoring report of May 2018, despite facing persecution and continuous harassment and threats to its existence since 2013. Although many incidents of human rights violations occur every month, only a few significant incidents have been highlighted in this report. Information used in the report was gathered by grassroots human rights -
NO PLACE for CRITICISM Bangladesh Crackdown on Social Media Commentary WATCH
HUMAN RIGHTS NO PLACE FOR CRITICISM Bangladesh Crackdown on Social Media Commentary WATCH No Place for Criticism Bangladesh Crackdown on Social Media Commentary Copyright © 2018 Human Rights Watch All rights reserved. Printed in the United States of America ISBN: 978-1-6231-36017 Cover design by Rafael Jimenez Human Rights Watch defends the rights of people worldwide. We scrupulously investigate abuses, expose the facts widely, and pressure those with power to respect rights and secure justice. Human Rights Watch is an independent, international organization that works as part of a vibrant movement to uphold human dignity and advance the cause of human rights for all. Human Rights Watch is an international organization with staff in more than 40 countries, and offices in Amsterdam, Beirut, Berlin, Brussels, Chicago, Geneva, Goma, Johannesburg, London, Los Angeles, Moscow, Nairobi, New York, Paris, San Francisco, Sydney, Tokyo, Toronto, Tunis, Washington DC, and Zurich. For more information, please visit our website: http://www.hrw.org MAY 2018 ISBN: 978-1-6231-36017 No Place for Criticism Bangladesh Crackdown on Social Media Commentary Summary ........................................................................................................................... 1 Information and Communication Act ......................................................................................... 3 Punishing Government Critics ...................................................................................................4 Protecting Religious -
\L/" 'I -2- Dhaka Stands Ready to Send Back All Displaced People to Rakhine
PRESS INFORMATION DEPARTMENT GOVERNMENT OF BANGLADESH DHAKA Most Urgent From: PIO, PID, Dhaka For: Bans.ladoot. All Missions Fax: 9540553/9540026 MSG: l lzl2019:20 E-mail: oiddhaka()e.rnail.com Date: Wednesday, 27 November 2019 Web : www.pressiir l"orm. gov. bd News Brief President Md Abdul Hamid has asked each member of armed forces to properly utilize the scopes of information technology in military life and simultaneously to keep always ready to prevent its misuse. The President gave the directive while addressing a banquet marking the Armed Forces Day-2019 at Bangabhaban in Dhaka yesterday. The Head of the State hoped that each armed force member, being imbued with the great Liberation War spirit, would continue their relentless efforts in the welfare of the dearest homeland. The ECNEC has approved six projects involving Tk 7,312 crore, including a Tk 5,950-crore scheme to expand Dhaka and Western Zone Transmission Grid to different upazilas in 17 districts of Dhaka, Khulna and Barishal divisions. The approval came from the weekly ECNEC meeting held at the NEC conference room in Dhaka yesterday with Prime Minister Sheikh Hasina in the chair. Of the total cost, Tk 2,778.56 crore will come from government fund, while Tk321.69 crore from the own fund of organisation concerned and Tk 4,212.30 crore from foreign solrrces as project loan. Among the approved projects, five are new and one is a revised one, which is Construction of Link Road from Natore Road to Rajshahi Bypass (2nd revised) involving TK 206.64 crore. -
9 July 2014 Hon. Prime Minister Sheikh Hasina Office of the Prime
[email protected] • www.law-democracy.org • tel: +1 902 431-3688 • fax: +1 902 431-3689 39 Chartwell Lane, Halifax, N.S., B3M 3S7, Canada NGO in Special Consultative Status with the Economic and Social Council of the United Nations www.lrwc.org; [email protected]; Tel: +1 604 738 0338; Fax: +1 604 736 1175 3220 West 13th Avenue, Vancouver, B.C. CANADA V6K 2V5 9 July 2014 Hon. Prime Minister Sheikh Hasina Office of the Prime Minister Gona Bhaban, Old Sangsad Bhaban, Tejgaon Dhaka, Bangladesh. Email: [email protected] Dear Prime Minister Hasina, We are writing on behalf of the Centre for Law and Democracy (CLD) and Lawyers Rights Watch Canada (LRWC). CLD is an international human rights NGO that specialises in providing legal and policy expertise to promote foundational rights for democracy, including freedom of association and of expression. LRWC is a committee of Canadian lawyers who promote human rights and the rule of law internationally, and provide support to lawyers and other human rights defenders in danger because of their advocacy. Our organisations have grave concerns about the proposed Foreign Donations (Voluntary Activities) Regulation Act, 2014 (the Bill), which has been approved by Cabinet and is pending review by Parliament. We believe that the Bill opens the door to significant governmental control over NGOs’ ability to operate and raise funds, and that it fails to respect the rights to freedom of association and freedom of expression, both of which are guaranteed in Bangladesh’s constitution, at Articles 38 and 39, respectively, as well as in the International Covenant on Civil and Political Rights, which Bangladesh ratified on 6 September 2000. -
Urgent Action
1st update on UA: 25/20 Index: ASA 13/2151/2020 Bangladesh Date: 16 April 2020 URGENT ACTION ACTIVIST HARASSED UNDER POLITICAL INFLUENCE Businessman and activist Emdadul Haque Milon faces seven years in prison if convicted under the draconian Digital Security Act. It is believed that the case against him has been filed by a local leader of the ruling political party Awami League, who has used his political influence for personal interest. The Bangladesh government must drop the case against Emdadul Haque Milon filed under the Digital Security Act, which is, a highly repressive law with vague provisions, harsh punishment and in violation of international human rights law. TAKE ACTION: WRITE AN APPEAL IN YOUR OWN WORDS OR USE THIS MODEL LETTER Mr. Asaduzzaman Khan, MP Minister Ministry of Home Affairs Bangladesh Secretariat Dhaka-1000, Bangladesh Fax: +88-02-9347290 Email: [email protected]; Cc: [email protected] Honourable Minister Khan, While it is encouraging that Emdadul Haque Milon was granted bail on 26 March 2020, after serving 23 days in prison, it is alarming that he still faces a seven-year prison sentence, if convicted – for a Facebook post criticizing the decision to invite the Indian Prime Minister for a state visit. Emdadul Haque Milon could face charges under sections 25(2), 29(1) and 31(2) of the Digital Security Act (DSA). He alleges the case against him was filed by Billal Hossain Sarker, general secretary of the Muktagachha unit of Awami League to stop him from securing a government contract. This is a clear example of a worrying trend of State agencies using draconian laws, like the DSA, to intimidate and muzzle dissent on social media. -
VANISHED WITHOUT a TRACE the Enforced Disappearance of Opposition and Dissent in Bangladesh
VANISHED WITHOUT A TRACE The enforced disappearance of opposition and dissent in Bangladesh April 2019 / N° 735a Cover Photo : Relatives of victims made a human chain in front of the press club in Dhaka demanding an end to enforced disappearance, killing and abduction on International Human Rights Day, December 2014. (Photo by Zakir Hossain Chowdhury/NurPhoto) TABLE OF CONTENTS List of acronyms 6 Executive summary 7 Introduction 8 1. Context 10 1.1 – A conflictual political history 10 1.2 – The 2014 election 11 1.3 – Human rights in Bangladesh today 12 1.4 – Legal framework 15 1.4.1 The Constitution 15 1.4.2 The Penal Code 16 1.4.3 Other domestic laws 17 1.4.4 International legal obligations 17 1.5 – Actors 18 1.5.1 Bangladesh police 19 1.5.2 Intelligence agencies 21 2. Crime of enforced disappearance: Analysis of trends and patterns 22 2.1 – Introduction: periods and trends 22 2.2 – Modus operandi 24 2.2.1 Previous threats, surveillance, and judicial harassment 24 2.2.2 Arbitrary arrest and abduction by agents of the State 28 2.2.3 Disappeared without a trace 29 2.2.4 Conditions of arbitrary detention 30 2.2.5 Fate of the victims of enforced disappearance 32 2.3 – Categories of victims 34 2.3.1 Gender perspective 34 2.3.2 Political opposition activists 35 2.3.3 Critical and dissident voices 37 2.3.4 Persons targeted in the framework of the anti-terrorism policy 38 2.3.5 Other individuals targeted as a result of the culture of impunity 39 2.3.6 Persecution and threats against those who speak out 39 2.4 – Alleged perpetrators 40 2.4.1 Law enforcement agents and intelligence officers 40 2.4.2 Responsibility of the executive branch 42 3. -
In the Supreme Court of Bangladesh Appellate Division
IN THE SUPREME COURT OF BANGLADESH APPELLATE DIVISION PRESENT: Mr. Justice Surendra Kumar Sinha, Chief Justice Mr. Justice Md. Abdul Wahhab Miah Mrs. Justice Nazmun Ara Sultana Mr. Justice Syed Mahmud Hossain Mr. Justice Muhammad Imman Ali Mr. Justice Hasan Foez Siddique Mr. Justice Mirza Hussain Haider CIVIL APPEAL NO.06 OF 2017. (From the judgment and order dated 05.05.2016 passed by the High Court Division in Writ Petition No.9989 of 2014.) Government of Bangladesh and others: Appellants. =Versus= Advocate Asaduzzaman Siddiqui and others: Respondents. For the Appellants: Mr. Mahbubey Alam, Attorney General, with Mr. Murad Reza, Additional Attorney General, Mr. Momtaz Uddin Fakir, Additional Attorney General, Mr. Biswajit Debnath, Deputy Attorney General, Mr. Motaher Hossain Sazu, Deputy Attorney General, Mr. Md. Ekramul Hoque, Deputy Attorney General, Mr. Kh. Diliruzzaman, Deputy Attorney General, Mr. Masud Hasan Chowdhury, Deputy Attorney General, Mr. Amit Talukdar, Deputy Attorney General, Mr. Sheikh Saifuzzaman, Assistant Attorney General, Mr. Bashir Ahmed, Assistant Attorney General, Ms. Mahfuza Begum, Assistant Attorney General, instructed by Mr. Haridas Paul, Advocate-on-Record. For the Respondents: Mr. Manzill Murshid, Advocate, instructed by Mr. M. Ashrafuzzaman Khan, Advocate-on-Record. As Amici: Mr. T.H. Khan, Senior Advocate, Dr. Kamal Hossain, Senior Advocate, Mr. Abdul Wadud Bhuiyan, Senior Advocate, Mr. M. Amirul Islam, Senior Advocate, Mr.Rokanuddin Mahmud, Senior Advocate, Mr. Ajmalul Hossain, Senior Advocate, Mr. A. J. Mohammad Ali, Senior Advocate, Mr. A.F. Hassan Ariff, 2 Senior Advocate, Mr. M.I.Farooqui, Senior Advocate, Mr. Fida M. Kamal, Senior Advocate. Date of hearing: 8th, 9th , 21st, 22nd, 23rd, 24th, 25th, 28th, 29th, 30th May, 2017 and 1st June, 2017. -
J U D G M E N T
IN THE SUPREME COURT OF BANGLADESH APPELLATE DIVISION PRESENT: Mr. Justice Surendra Kumar Sinha, Chief Justice Mr. Justice Syed Mahmud Hossain Mr. Justice Hasan Foez Siddique Mr. Justice Mirza Hussain Haider CIVIL APPEAL NO.53 OF 2004. (From the judgment and order dated 07.04.2003 passed by the High Court Division in Writ Petition No.3806 of 1998.) Bangladesh, represented by the Appellants. Secretary, Ministry of Law, Justice and Parliamentary Affairs and others: =Versus= Bangladesh Legal Aid and Services Trust (BLAST) represented by Dr. Shahdeen Respondents. Malik and others: For the Appellants: Mr. Mahbubey Alam, Attorney General, (with Mr. Murad Reza, Additional Attorney General and Mr. Sheik Saifuzzaman, Deputy Attorney General, instructed by Mr. Ferozur Rahman, Advocate-on- Record. For the Respondents: Dr. Kamal Hossain, Senior Advocate, Mr. M. Amirul Islam, Senior Advocate, (with Mr. Idrisur Rahman, Advocate & Mrs. Sara Hossain Advocate,) instructed by Mrs. Sufia Khatun, Advocate-on-Record. Date of hearing: 22nd March, 11th and 24th May, 2016. Date of Judgment: 24th May, 2016. J U D G M E N T Surendra Kumar Sinha,CJ: Historical Background of the Legal System of Bangladesh Blackstone’s Commentaries on the Laws of England has been termed as ‘The bible of American 2 lawyers’ which is the most influential book in English on the English legal system and has nourished the American renaissance of the common law ever since its publication (1765-69). Boorstin’s great essay on the commentaries, show how Blackstone, employing eighteenth-century ideas of science, religion, history, aesthetics, and philosophy, made of the law both a conservative and a mysterious science. -
Contempt Petition(A) 19/2015
IN THE SUPREME COURT OF BANGLADESH APPELLATE DIVISION PRESENT: Mr. Justice Surendra Kumar Sinha, Chief Justice Mr. Justice Md. Abdul Wahhab Miah Mrs. Justice Nazmun Ara Sultana Mr. Justice Syed Mahmud Hossain Mr. Justice Muhammad Imman Ali Mr. Justice Hasan Foez Siddique CONTEMPT PETITION NO.19 OF 2015. The State: Petitioner. =Versus= Mr. Swadesh Roy, (author of the article under the caption “p¡L¡l f¢lh¡−ll aafla¡z f¡m¡h¡l fb L−j ®N−R” in the issue of “The Daily Janakantha” and another: Contemnors/Respondents. For the Petitioner: Mr. Mahbubey Alam, Attorney General. For the Contemnors/Respondents: Mr. Salahuddin Dolan, Advocate, instructed by Mrs. Shirin Afroz, Advocate-on-Record. Date of hearing : 10th and 13th August, 2015. O R D E R For the reasons to be expressed later on, this petition is disposed of by this order. Since various questions arise in the mind of the people of the country, the litigants, the lawyers, persons in the print, electronic and social media regarding the power of this Court to punish for contempt of Court any citizen of the country, this Division being the 2 highest Court of the country, feels it proper to give some guidelines which will be reflected in our detailed judgment. It is to be borne in mind that the Contempt of Courts Act, 1926, is not applicable in this Division and in that regard we have expressed our opinion in Mahmudur Rahman’s case. Even then, in different media, the civil society, including eminent lawyers, participated in various talk shows pointed out that the Contempt of Courts Act is an obsolete law and it should be amended, meaning thereby, that the said Act is applicable to this Division. -
J U D G M E N T
IN THE SUPREME COURT OF BANGLADESH APPELLATE DIVISION PRESENT: Mr. Justice Surendra Kumar Sinha, Chief Justice Mr. Justice Syed Mahmud Hossain Mr. Justice Hasan Foez Siddique Mr. Justice Mirza Hussain Haider CIVIL APPEAL NO.53 OF 2004. (From the judgment and order dated 07.04.2003 passed by the High Court Division in Writ Petition No.3806 of 1998.) Bangladesh, represented by the Appellants. Secretary, Ministry of Law, Justice and Parliamentary Affairs and others: =Versus= Bangladesh Legal Aid and Services Trust (BLAST) represented by Dr. Shahdeen Respondents. Malik and others: For the Appellants: Mr. Mahbubey Alam, Attorney General, (with Mr. Murad Reza, Additional Attorney General and Mr. Sheik Saifuzzaman, Deputy Attorney General, instructed by Mr. Ferozur Rahman, Advocate-on- Record. For the Respondents: Dr. Kamal Hossain, Senior Advocate, Mr. M. Amirul Islam, Senior Advocate, (with Mr. Idrisur Rahman, Advocate & Mrs. Sara Hossain Advocate,) instructed by Mrs. Sufia Khatun, Advocate-on-Record. Date of hearing: 22nd March, 11th and 24th May, 2016. Date of Judgment: 24th May, 2016. J U D G M E N T Surendra Kumar Sinha,CJ: Historical Background of the Legal System of Bangladesh Blackstone’s Commentaries on the Laws of England has been termed as ‘The bible of American 2 lawyers’ which is the most influential book in English on the English legal system and has nourished the American renaissance of the common law ever since its publication (1765-69). Boorstin’s great essay on the commentaries, show how Blackstone, employing eighteenth-century ideas of science, religion, history, aesthetics, and philosophy, made of the law both a conservative and a mysterious science.