Fifth Amendment Case: Moon Cinema owner gets Tk 100 crore
The government yesterday gave around Tk 100 crore to the owner of the then Moon Cinema Hall at Waiz Ghat area in Old Dhaka in line with a Supreme Court directive.
The cinema hall issue involves a case regarding the constitution’s fifth amendment which had legitimised the then governments of Khandker Mushtaque Ahmed, Abu Sadaat Mohammad Sayem and General Ziaur Rahman.
The ownership of all properties of Moon Cinema Hall was handed over to Muktijoddha Kalyan Trust (Freedom Fighters Welfare Trust) as an abandoned property during the martial law regime between August 15, 1975 and April 9, 1979. The move was taken after a ban was imposed saying that the legality of the government’s decision to declare any property abandoned cannot be challenged before any court.
In August 2005, the High Court lifted the ban by scrapping the fifth amendment of the constitution. The Appellate Division of the SC upheld the HC order.
Delivering a verdict on the case against the fifth amendment, the apex court on May 11, 2011 directed the authorities concerned of the government to return the properties of Moon Cinema Hall to its owner Bangladesh Italian Marble Works Ltd (BIMWL), a private company.
On February 2, 2010 the apex court in another verdict had upheld the HC verdict that declared the fifth amendment illegal.
Yesterday, Attorney General Mahbubey Alam handed over a cheque of Tk 99.21 crore on behalf of the Freedom Fighters Welfare Trust (FFWT) to Maqsudul Alam, current managing director of BIMWL Bangladesh Italian.
Maqsudul’s lawyer Barrister Ajmalul Hossain received the cheque at the apex court and then gave it to his client (Maqsudul).
A four-member bench of the apex court, headed by Chief Justice Syed Mahmud Hossain, however, directed Maqsudul to register the land of Moon Cinema Hall to FFWT immediately.
The top court passed the order during hearing a contempt of court petition filed by Maqsudul.
The SC also fixed January 5 for passing further orders over the issue.
During the proceedings, Maqsudul informed the apex court that he lives in the capital’s Banani area, has three children who are now abroad. He now runs businesses.
Replying to a question, Maqsudul also said that he would invest the money in business.
On January 18, 2018 the SC directed the FFWT to give Tk 99.21 crore to the owner of the then Moon Cinema Hall in Waiz Ghat area of Old Dhaka by July 30 of that year.
Later, the apex court asked the FFWT to pay the money to the owner of the then cinema hall several times.
Maqsudul had filed the contempt of court petition in January, 2013 saying that the officials concerned of the government and the FFWT have not taken any step to hand over the ownership of the then Moon Cinema Hall to the company although the apex court had directed for doing so.
During the hearing of the petition, the SC had directed Prof Jamilur Reza Chowdhury to assess the cost of properties of the cinema hall which has already been turned into a development structure.
Recently, Jamilur submitted a report to the SC assessing the cost of the cinema hall’s properties, including the structures, to be Tk 99.21 crore.