After 48 years, HC restores man’s honour, but only after his death

After a series of legal battles lasting 48 years, Zil Hossain from Chilgachha village in Sirajganj has gotten justice from the High Court.

The tragedy is that he died one year ago at the age of 72.

The HC yesterday ordered the authorities concerned of Bangladesh Agriculture University to give Tk 2 crore to late Zil Hossain's family members as compensation for destroying his career by not granting him a certificate of honours.

The court also asked university authorities to give 10 percent interest rate on Tk 2 crore since 2008 to the family members.

The HC, however, said Tk 25 lakh, deposited by the University authorities to the lower court concerned during the case proceedings, will be deducted from the total amount.

Following the HC verdict, the family members of Zil Hossain will get around Tk 4 crore as compensation for damaging his career, his lawyer Chanchal Kumar Biswas told The Daily Star.

Senior Advocate Tanya Amir, who appeared for Bangladesh Agriculture University, cautiously welcomed the court's decision.

"It is encouraging to see the higher court awarding compensation in tort cases. The outcome of these cases must be based on solid tortious principles and recognised legal grammer, so as to propel such trend towards the right direction," she told this correspondent.

The HC bench of Justice Bhishmadev Chakrabortty and Justice Md Ali Reza delivered the landmark verdict after dismissing an appeal filed by Mymensingh Agriculture University challenging a lower court verdict that in 2008 ordered the university authorities to give Zil Hossain Tk 2 crore as compensation.

Details of the HC verdict could not be known as its full text was not released yet.

According to the case statements, Zil Hossain was born on January 7, 1950. He appeared for honours final examination at Mymensingh Agriculture University in 1971-72 academic session.

The university authorities declared him (Zil) failed in the examination held in 1973. He applied to the academic council of the university seeking review his result. The council rejected his application. He reappeared in the exam in 1975.

But this time he was expelled from the University for engaging into altercations with the authorities.

Zil Hossain filed a case with the First Munshef Court in Mymensingh on April 22, 1975 seeking redress. He claimed to have passed the exams, but blamed authorities' faults in calculating the marks.

The First Munshef court on September 29, 1975 delivered the verdict declaring the academic council's decision illegal.

The University authorities filed an appeal with the Judge-court against the Munshef court verdict.

The judge-court on January 31, 1976 declared the university's action for his expulsion illegal. The university authorities filed an appeal with the HC challenging the judge-court verdict.

On August 24, 1976, the HC sent the case to the same First Munshef court for its retrial.

The Munshef court on January 24, 1978, directed the Bangladesh Agriculture University authorities to add the fraction marks of Zil Hossain and to publish his exam results in 30 days.

The university authorities then submitted an appeal to the Judge-court concerned against the Munshef court verdict. The Judge-court dismissed the appeal.

The authorities then filed another appeal with the HC challenging the Judge-court judgment.

The HC on January 16, 1983 upheld the lower court verdict that directed the university authorities to publish the result of Zil Hossain including his fraction marks.

On December 28, 1986, the Bangladesh Agriculture University authorities accepted an application from Zil Hossain and gave him a certificate. At that time, he was 47 years old and the age limit of his getting any government job expired.

Zil Hossain, on October 18, 2000, filed a compensation suit with the subordinate court concerned saying that the Bangladesh Agriculture University authorities have executed the HC verdict after 14 years and nine months into its delivery.

In the case, he also said his life has been damaged due to the activities of the University authorities.

The First Joint District Judge's Court in Mymensingh on August 26, 2008 delivered its verdict in the compensation suit and directed the Agriculture University authorities to give Tk 2 crore to Zil Hossain as compensation in 30 days.

The university authorities filed an appeal with the HC in 2009 challenging this verdict.

Yesterday (Tuesday), the HC dismissed the appeal and upheld the trial court judgement for the compensation, lawyer Chanchal Kumar Biswas said.

Contacted Late Zil Hossain's son Noor Mohammad Kiron, who just completed his masters degree in political science from Sirajganj Government College, expressed satisfaction at the HC verdict.

He, however, said his father has died with pain of not getting justice.

"We are now waiting for implementation of the High Court verdict," he added.