• Friday, October 31, 2014

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Appellate Division

Review or not?

The Supreme Court is yet to make it clear whether a convicted war criminal has the right to seek a review of its verdict. A debate over the issue arose in December last year when the now executed war criminal Abdul Quader Mollah had filed two review petitions against the SC judgment in his case. The debate has cropped up again, as Delawar Hossain Sayedee, sentenced yesterday to imprisonment till death, has also decided to seek a review of the apex...

Kamaruzzaman's Case

SC resumes hearing plea against death penalty

After a recess for 40 days, the Supreme Court yesterday resumed hearing on the appeal filed by Jamaat-e-Islami Assistant Secretary General Muhammad Kamaruzzaman challenging the death penalty given to him for committing crimes against humanity during the liberation war. International Crimes Tribunal-2 on May 9 last year sentenced Kamaruzzaman, one of the key organisers of the infamous Al Badr force, to death for the crimes in 1971. The Jamaat leader filed the appeal with the SC on June 6 last year...

Ekramul Murder: SC asks Minar to surrender

Ekramul Murder: SC asks Minar to surrender

The Supreme Court today directed Mahtab Uddin Chowdhury Minar, the prime accused in Fulgazi upazila chairman Ekramul Haque killing case, to surrender before the lower court concerned in Feni within two weeks. The chamber judge of the Appellate Division also stayed a High Court order that granted him bail in the case. Justice Hasan Foez Siddique passed the stay order upon a petition by the government. Attorney General Mahbubey Alam told The Daily Star that Minar will have to surrender to the Court of Chief Judicial Magistrate of Feni within two weeks in connection with murder case. If he does not surrender in two weeks, the chief judicial magistrate will issue an arrest...

SC clears way to save 4 rivers

The Supreme Court yesterday upheld its 2010 judgment that cleared the way for removing all structures, excluding the government ones set up to serve public interests, from the rivers around the capital. The rivers are Shitalakkhya, Balu, Turag and Buriganga. The Appellate Division of the SC dismissed five separate review petitions filed by five commercial companies challenging its 2010 verdict that affirmed a High Court verdict directing the government to remove the structures. Following yesterday's verdict, the jetties and other structures established...

Long wait for verdict

The Supreme Court has yet to deliver a verdict on the appeals filed over sentencing of Jamaat-e-Islami leader Delawar Hossain Sayedee for his crimes against humanity in 1971, although it has finished hearing around three months ago. Sayedee on March 28 last year appealed to the court for his acquittal while the government sought his punishment in all the eight charges filed against him. Neither the attorney general nor the defence could say when the Appellate Division of the SC would...

News Analysis
Remarks on Judiciary

PM goes against SC expectation

Prime Minister Sheikh Hasina's recent critical remarks about a High Court bench appear to go against the Supreme Court's expectation that the premier shall be more circumspect and respectful in making any statement or comment on the judiciary or the judges or court in future. The apex court came up with the strong desire more than 14 years ago while it disposed of twice separate contempt petitions filed against Hasina when she was prime minister in her first term. The first...

SC against HC orders

The Appellate Division has discouraged the High Court from directing the government not to arrest or harass any person. Additional Attorney General Murad Reza told The Daily Star that the Appellate Division made the observation as the HC was giving incorrect blanket directives “not to harass or arrest a suspect without due process of law”. A three-member bench of the Appellate Division, headed by Justice Surendra Kumar Sinha, said, “We want to make it clear that the High Court cannot issue...

SC clears way for graft cases against 3 BNP leaders

SC clears way for graft cases against 3 BNP leaders

The Supreme Court today cleared the way of lower courts concerned to run trial proceedings of corruption cases against three BNP leaders including Moudud Ahmed. The other leaders are: BNP Standing Committee Member Khandker Mosharraf Hossain and former BNP lawmaker MA Hashem. A four-member of the Appellate Division headed by Chief Justice Md Muzammel Hossain...

SCBA demands appointment of 3 judges

SCBA demands appointment of 3 judges

The Supreme Court Bar Association (SCBA) today demanded appointment of judges to the three vacant posts of the Appellate Division of Supreme Court immediately for quick disposal of the pending cases. The three posts of the Appellate Division have been lying vacant for several days but the government is not taking any initiatives to...

No fresh recruitment at SC

The government has no immediate plan to recruit new judges for the Appellate Division and the High Court, although some posts have fallen vacant due to retirement and promotion. The authorities now put emphasis on promoting judges at the lower courts and replacing them by recruiting new judges to reduce the huge backlog of pending cases. Three posts for judges are vacant at the Appellate Division, while the number of HC judges has dropped to 90 from the highest 100 after...

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