PUBLIC INTEREST LITIGATION (PIL)

Md. Abdul Mannan Khan

1. Secretary, Ministry of Law, Justice & Parliament Affairs
2. Second Court of Additional Session Judge and Court of Special Judge, Dhaka
3. Deputy Commissioner & Collector, Dhaka
4. Husian Mohammad Ershad

The transactions involving transfer of lands of the building named Janata Tower at Kawran Bazar, Dhaka were done by Husain Mohammad Ershad using his Presidential power, when he obtained pecuniary advantages for himself and others. Payments made by him for construction of the building were disproportionate to his known source of income. The Second Court of Additional Judge and Court of Special Judge, Dhaka imposed 7 years’ imprisonment to Husain Mohammad Ershad and confiscated Janata Tower building and the land. The High Court Division consequently reduced the imprisonment 7 to 5 years and imposed a sum of fine or 2 years more imprisonment in default. The Appellate Division dismissed the leave petition, imposed 6 months more imprisonment instated of 2 years for default of payment of the fine.

Other individuals were being persuaded to raise money tpay imposed fine upon the convicts.  Husain Mohammad Ershad had served more than 3 months’ imprisonment and paid half of fine in lieu of his remaining 3 month imprisonment.

High Court Division on 25 May 20006 distinguished the nature of financial punishment and physical punishment, and directed the government agencies to perform their statutory duties and functions for realising the remaining fine from Husain Mohammed Ershad. Husain Mohammed was then directed to pay the remaining balance of fine

Mr. Justice Md. Muzammel Hossain

Mr. Justice Farid Ahmed