The Appellate Division of the Supreme Court yesterday directed the Freedom Fighters’ Welfare Trust to compensate Tk 99 crore to the owner of then Moon Cinema Hall by July 30. Moon Cinema, which was located in Waize Ghat Road area of the capital, was handed over to the Freedom Fighters’ Welfare Trust during the Martial Law regime of 1975-79.
A five-member bench of the Appellate Division headed by acting Chief Justice Abdul Wahhab Miah passed the order after hearing a contempt petition filed by Moon Cinema’s owner Bangladesh Italian Marble Works Ltd seeking its directive over the matter.
In its order, the apex court ordered the Trust and its managing director to pay the money in three instalments to Maksudul Alam, currently managing director of Bangladesh Italian Marble Works Ltd.
It asked the authorities concerned to pay Tk 25 crore
each in the first two instalments and the rest of the amount by July 30.
Attorney General Mahbubey Alam argued for the state, while Advocate Toufique Newaz represented Bangladesh Italian Marble Works Ltd. Italian Marble Works filed a writ petition with the High Court in 2000 challenging the Fifth Amendment to the constitution that validated Martial Law Proclamation Orders between 1975 and 1979.
BNP founder and former President Ziaur Rahman announced a decree in 1977 that blocked challenges against the government’s decisions to declare properties abandoned.
In a landmark verdict, the High Court had, on August 29 in 2005, declared illegal and void the Fifth Amendment to the constitution. The HC had also directed the government to release Moon Cinema Hall in favour of the company and asked the government to take steps to release its property in its original form. The Appellate Division of the Supreme Court on February 2, 2010 upheld the High Court verdict with some observations and modifications.
As the government did not return the Moon Cinema, Maksudul Alam filed a contempt of court petition with the Supreme Court in January, 2013 against the authorities concerned of the government and Muktijodhha Kalyan Trust for not executing its verdict.
The Appellate Division ordered the authorities concerned to appoint an “experienced and neutral” engineer for the task and hand in a report. In January, last year, the apex court directed Engr Jamilur Reza Choudhury to assess the cost of properties of Moon Cinema Hall, which has already been turned into a development structure.
Recently, Engr Jamilur Reza Choudhury submitted a report to the Supreme Court assessing the cost of the Moon Cinema Hall properties at around Tk 100 crore ( Tk 99 crore to be exact) , the present-day value of its land and establishments built there. After getting the report submitted by Engr Jamilur Reza Choudhury, the apex court yesterday came up with the order.
The Moon Cinema Hall owned by Bangladesh Italian Marble Works Ltd in Old Dhaka was declared abandoned during the 1971 Liberation War.
The industries ministry later appointed Bangladesh Freedom Fighter Welfare Trust as its custodian. But Maksudul Alam, managing director of Bangladesh Italian Marble Works, claimed the ownership of the property.