HC gives split order on legality of recent ‘fictitious’ cases

A High Court (HC) bench yesterday gave a split order on a writ petition challenging the legality of fictitious cases filed against leaders and activists of the BNP and other political parties across the country. The senior judge of the HC bench, Justice Moyeenul Islam Chowdhury, issued a rule, asking the government to explain why the filing of fictitious cases should not be declared illegal and why police personnel involved in filing such cases should not be punished.

In an interim order, the judge also directed the inspector general of police (IGP) to talk with police personnel and submit a report before it within 60 days, stating the reason for filing such cases. On the other hand, the junior judge of the HC bench, Justice Ashraful Kamal, summarily rejected the writ petition, saying there are other forums to resolve such issues. Such things should go to a bench dealing with criminal cases, not to a bench dealing with writs, he said.  

Justice Ashraful Kamal also observed that the cases could not be called ‘fictitious’ based on newspaper reports. Rather, these should be investigated properly. As per the provision, the split orders would now be sent to the Chief Justice for his decision. After receiving a copy of the split orders, the Chief Justice will assign another bench for final disposal of the petition, lawyers concerned opined.

The writ petition was filed seeking the HC directive to the government to form a high-power committee to probe the authenticity of the cases filed against leaders and activists of the BNP and other political parties. In the petition, the lawyers prayed to the HC to order the authorities concerned not to harass people by filing such cases and to take action against those responsible for filing the cases.

The petitioners prayed to the HC bench to issue a rule asking the authorities to explain why filing such cases should not be declared illegal. Three pro-BNP lawyers filed the writ petition before the HC in September, seeking its directive to the government to form a high-power committee to inquire the authenticity of the cases against opposition leaders and activists. Advocate Khandker Mahbub Hossain, advocate Nitai Roy Chowdhury and advocate Sanaullah Mia collectively submitted the petition, saying that 4,000 fictitious and malafide cases were filed across the country in September against three lakh leaders and activists of opposition political parties, including the BNP.

The cases were filed to create panic among opposition partymen and to put pressure on them ahead of the parliamentary elections, the lawyers, accused in some of the cases, said in the petition. Dr Kamal Hossain, barrister Moudud Ahmed and advocate Khandker Mahbub Hossain appeared for the petitioners, while attorney general Mahbubey Alam and deputy attorney general Ekramul Haque Tutul stood for the State.

SR

 

HC gives split order on legality of recent fictitious cases

A High Court (HC) bench yesterday gave a split order on a writ petition challenging the legality of fictitious cases filed against leaders and activists of the BNP and other political parties across the country. The senior judge of the HC bench, Justice Moyeenul Islam Chowdhury, issued a rule, asking the government to explain why the filing of fictitious cases should not be declared illegal and why police personnel involved in filing such cases should not be punished. In an interim order, the judge also directed the inspector general of police (IGP) to talk with police personnel and submit a report before it within 60 days, stating the reason for filing such cases. On the other hand, the junior judge of the HC bench, Justice Ashraful Kamal, summarily rejected the writ petition, saying there are other forums to resolve such issues. Such things should go to a bench dealing with criminal cases, not to a bench dealing with writs, he said. Justice Ashraful Kamal also observed that the cases could not be called fictitious based on newspaper reports. Rather, these should be investigated properly. As per the provision, the split orders would now be sent to the Chief Justice for his decision. After receiving a copy of the split orders, the Chief Justice will assign another bench for final disposal of the petition, lawyers concerned opined. The writ petition was filed seeking the HC directive to the government to form a high-power committee to probe the authenticity of the cases filed against leaders and activists of the BNP and other political parties. In the petition, the lawyers prayed to the HC to order the authorities concerned not to harass people by filing such cases and to take action against those responsible for filing the cases. The petitioners prayed to the HC bench to issue a rule asking the authorities to explain why filing such cases should not be declared illegal. Three pro-BNP lawyers filed the writ petition before the HC in September, seeking its directive to the government to form a high-power committee to inquire the authenticity of the cases against opposition leaders and activists. Advocate Khandker Mahbub Hossain, advocate Nitai Roy Chowdhury and advocate Sanaullah Mia collectively submitted the petition, saying that 4,000 fictitious and malafide cases were filed across the country in September against three lakh leaders and activists of opposition political parties, including the BNP. The cases were filed to create panic among opposition partymen and to put pressure on them ahead of the parliamentary elections, the lawyers, accused in some of the cases, said in the petition. Dr Kamal Hossain, barrister Moudud Ahmed and advocate Khandker Mahbub Hossain appeared for the petitioners, while attorney general Mahbubey Alam and deputy attorney general Ekramul Haque Tutul stood for the State. SR