SC stays HC’s jail order for Faruque | The Daily Star

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03:27 PM, January 24, 2018 / LAST MODIFIED: 03:52 PM, January 24, 2018

SC stays HC’s jail order for Faruque

The Supreme Court (SC) today stayed for four weeks a High Court verdict that sentenced the ousted chairman of Proshika, Qazi Faruque Ahmed, to one-month imprisonment in a civil prison for violating its 2009 directive.

Chamber Judge of the Appellate Division Justice Syed Mahmud Hossain passed the order after hearing a petition filed by Qazi Faruque seeking stay on the HC verdict.

Also read: Faruque jailed for violating 2009 HC order

The former Proshika chairman will not have to serve in jail for the next four weeks following the SC chamber judge’s order, Advocate Ramzan Ali Sikder, a lawyer for Qazi Faruque Ahmed told The Daily Star.

Yesterday, the HC bench of Justice Md Mozibur Rahman Miah sentenced Qazi Faruque to one-month imprisonment in a civil prison for violating its 2009 directive.

HC also directed Qazi Faruque to handover the possession of Proshika chairman's office to its Chairman MA Wadud and to submit a report to it after complying with the order in 15 days.

The bench came up with the verdict after hearing a case filed by MA Wadud, who was nominated chairman of Proshika by its governing body in 2009.

The HC on August 10, 2009 issued a status quo on the possession of Proshika office, saying that Qazi Faruque could enter the office as its former chairman, but he could not take any decision for the office and could not hold any meeting or procession on the office premises.

Qazi Faruque, in total violation of this directive, along with his men on May 20, 2012, entered the Proshika office in Mirpur, took its control and has been carrying out the duties as its chief, a lawyer for Proshika Chairman MA Wadud said.

Earlier Wadud's lawyer Md Solaiman said the present governing body of Proshika on May 24, 2009, replaced Qazi Faruque with MA Wadud as the organisation's chairman in the face of employees' agitation against Faruque for “indulging in corruption and nepotism”.

After being removed, Faruque filed a case with the first assistant judge's court on May 27, 2009, challenging the governing body's decision but the court rejected the petition on May 31 the same year. Faruque then filed an appeal with the district judge's court on June 1, 2009, which was also rejected on June 6 the same year. He finally filed a civil revision case with the HC.

Following his civil revision case, the HC on August 10, 2009, directed the parties to maintain status quo on possession of the office of Proshika.

It ruled that Proshika would be run as usual by the governing body led by MA Wadud. Faruque could enter the NGO's office alone, not as a group, and he could not cause any indiscipline on its premises.

Following the HC order, Proshika had been running with the MA Wadud in the chair.

On May 20, 2012, Qazi Faruque Ahmed along with some people entered the office of Proshika and took control in violation of the HC's August 2009 directive, Solaiman said.

In 2016, Wadud filed a petition with the HC against Qazi Faruque Ahmed bringing charges of violating its directive and committing contempt of court, he said.

After hearing the petition for 12 days, the HC yesterday delivered the verdict.


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