Dhaka, May 16 (BDNEWS) – Sheikh Rehana, youngest daughter of Bangabandhu Sheikh Mujibur Rahman, Tuesday filed a fresh writ petition in the High Court seeking an injunction order to restrain the government from handing over or passing or delivering any part of her land property at Dhanmondi to former Chief Justice KM Hasan.
Accepting the writ petition, a division bench of the High Court comprising Justice Nozrul Islam Chowdhury and Justice Syed Refaat Ahmed fixed May 21 (Sunday) for hearing the petition.
Filing lawyer of the writ petition - Barrister Shamsuddin Choudhury Manik, on the same day, sent a legal notice to the concerned government authorities conveying of the pending of this injunction prayer.
The legal notice stated that taking any derogatory step while an injunction prayer is pending amounts to contempt of court as per the House of Lord's decision and is punishable by the Supreme Court under its inherent power as well as under power conferred by Article 108 of the Constitution.
On May 15, country's major daily newspapers published a news item released by BDNEWS stating that after setting up police station at the Dhanmondi residence of Bangabandhu's youngest daughter Sheikh Rehana, now a portion of the house has been alloted to former Chief Justice KM Hasan, who is according to existing constitutional provision, to head the caretaker government as its Chief Advisor for holding the upcoming general elections.
According to the news items, Justice Hasan on November 15, 2005 applied to the Housing and Public Works Ministry for allocation of one katha land for sweeper passage on the northern side of his house at plot 16 (old 35) on Dhanmondi road number 4.
The house at plot 21 (old 41) on northern side of Justice Hasan's residence belongs to Sheikh Rehana.
Rehana purchased the house in cash when it was allocated in her favour during the previous Awami League government. The house is now being used as Dhanmondi police station.
Following the application of Justice KM Hasan, the ministry immediately assigned Dhanmondi sub-division of Public Works Department for reviewing the request and submitting a report. The Dhanmondi division already submitted its report.
The then government allocated the house number 21 on Dhanmondi road number 4 to Sheikh Rehana on July 21, 2001.
But the present government took over the house and set up Dhanmondi police station there on June 27, 2005.
Challenging the government decision, Sheikh Rehana filed a writ petition in High Court on January 24 this year.
The court issued a rule nishi upon the government to show cause as to why the government action will not be declared illegal. The case is pending in the higher court.
Former president of the Supreme Court Bar Association (SCBA) Advocate Mahbuey Alam who has been appointed as chief counsel to move the case for Sheikh Rehana told newsmen that allocation of any part of the land during any case pending over the land amounts to contempt of court.
"Justice Hasan's move to have the land is discourteous, so the action of the government in allotting the land to him," he said.
BDNEWS/1733 hrs