The notable Supreme Court decisions held last year

This write-up curates the notable pronouncements of the Appellate Division (AD) and the High Court Division (HCD) of the Supreme Court of Bangladesh in 2021.

Making submission of identity documents mandatory for filing criminal cases

Md Akramul Ahsan Kanchan (a businessman and resident of Shantibagh) filed a writ petition to the HCD sharing his plight of spending 1465 days in jail in 20 baseless cases filed in 13 districts across the country. He asked the court to investigate the identity of the persons involved in filing these baseless cases. Following a preliminary hearing, the HCD directed the Criminal Investigation Department of the police to identify the person involved in this incident, take legal actions against them and report the progress to the HCD within 60 days. It further asked the concerned authorities to take the necessary steps to ascertain the identity of individuals filing criminal cases to curb false and vexatious cases.

Granting copyright of the books in Masud Rana-Kuasha series to Sheikh Abdul Hakim

In 2019, the now-deceased Sheikh Abdul Hakim, the ghostwriter of the famous Masud Rana and Kuasha series, filed a complaint to the Bangladesh Copyright Office (BCO) alleging violation of sections 71 and 89 of the Copyright Act, 2000 against Sheba Prokashoni's owner and the series' initial author, Kazi Anwar Hossain. Afterward, in 2020, the BCO granted the copyright of 260 books in the Masud Rana series and 50 books in the Kuasha series to Mr. Hakim. Mr. Hossain then filed a writ petition to the HCD challenging this order. After hearing the parties, the HCD dismissed the writ and upheld the BCO's decision conferring the copyright of these 310 books to Mr. Hakim posthumously.

Banning harmful games and applications for three months

In June, rights organisation Law and Life Foundation sent a legal notice to the Government seeking a ban on dangerous online games and social media-based mobile applications such as TikTok, PUBG, Free Fire, Bigo Live, and Likee. After receiving no response from the Government, the petitioners filed a writ petition to the HCD. During the hearing in August, the HCD ordered the Government to ban all types of violent games and applications, including the ones mentioned above, for the next three months. It also asked the concerned authorities to explain why it should not declare their inaction to ban such harmful games and applications as illegal. The HCD is yet to dispose of the writ. 

Ordering to form independent commission for investigating alleged crimes against law enforcement officials

102 lawyers jointly filed a writ petition seeking the formation of an independent commission to investigate complaints against law enforcement officials. They submitted that from January 2007 to June 2021, newspapers reported 584 complaints against law enforcement officials, a growing trend in Bangladesh. Being a signatory to the seven major UN Conventions and owing to a rise in allegations against law enforcement officials, Bangladesh too should form such an independent investigation body. In opposing the petition, the Government submitted how citizens could file complaints against police in the Inspector General of Police's complaint cell. The HCD then issued a rule asking the concerned authorities to explain why they should not establish an independent commission to facilitate aggrieved persons to lodge complaints against alleged crimes and corruption of police and other law enforcement officials. The HCD is yet to dispose of the writ.

THE WRITER IS THE PROGRAM OFFICER, SOUTH ASIA OF IPROBONO.