MM Rahmatullah
Encyclopedia
Mian
Muhammad Rahmatullah, (born 13 June 1940 in Natore, Bangladesh
) was a former Chief Engineer
of the Public Works Department
and later Head of the Capital Development Authority
of the Government of Bangladesh. In 2000, he was an electoral Candidate from Natore Area for the Parliament of Bangladesh
.
In 1991, after former military dictator General Ershad stepped down as the President of Bangladesh
, Rahmatullah was charged in the infamous Supreme Court
Janata Tower Case and named the third defendant after the President
and the former First Lady
(and Member of Parliament
) by the Supreme Court of Bangladesh
. He was later acquitted when the Judge agreed that the case was filed on political grounds by the newly elected ruling party
.
He was the husband to Begum Gule Afroz of the aristocratic SingraNatore Family
; the grand daughter of Jalaluddin Mirza
, a zamindar
of Natore and was instrumental in building the Gole Afroz College
(named after his wife).
Era throughout the 1971 War of Liberation
and then in independent Bangladesh
.
of Bangladesh, Rahmatullah was appointed the Chief of Rajdhani Unnayan Kartripakkha (RAJUK)
in 1987.
sued the President of Bangladesh
, his wife the First Lady
and the Chief of RAJUK, M.M. Rahmatullah. In September 1989, it was alleged that him and the former President Hussain Muhammad Ershad in collusion with each other dishonestly and fraudulently with malafide intention helped to illegally get public land in their favour and then helped private executives to get 12 kathas of land at a negligible sum causing loss to RAJUK amounting to BDT
54,870,900 to obtain advantage for themselves. All other accused acted illegally in collusion with each other thereby abusing their position as public servants (as President of Bangladesh
and appointed chief of a public agency) which is punishable under section 109 of the Bangladesh Penal Code and section 5(2) of the Prevention of Corruption Act, 1947.
The officials were sentenced to simple imprisonment for seven years, at which point an appeal was made. The High Court
Division heard the appeal, along with others and dismissed the appeal with modification of the sentence from simple imprisonment of seven years to a sentence of fine of Taka 10,000 each, in default, to suffer for two years in prison each and maintained the order of confiscation of the landed property.
expressed its opinion on Article 7 (2) of the Bangladesh Passport Order, 1973
that apprehension on the part of the authority seizing the passport
that the holder of the passport will not return to Bangladesh
, if he is allowed to leave the country was not a ground for impounding of a passport of a citizen who wants to leave the country for medical check up and treatment. This argument can be applied to many identical situations. Right to travel abroad is a fundamental right as recognized in Article 36 of our Constitution. Supreme Court of India
has taken a similar view in the case of Satwant Singh Vs. D. Ramarathnam, Assistant Passport Officer, New Delhi and others, AIR 1967 (SC) 1836 wherein it has been observed
that withdrawal of a passport given to an individual violates Articles 21 and 14 of Indian Constitution
.
Mian
Mian is family name and a title of nobility used by Muslims in the Punjab region of South Asia.-Mian Khan Pashtuns:The Pathans of Bihar , have a large community of Pashtuns in the state of Bihar in India, who are said to have settled in the region from the 13th Century onwards...
Muhammad Rahmatullah, (born 13 June 1940 in Natore, Bangladesh
Bangladesh
Bangladesh , officially the People's Republic of Bangladesh is a sovereign state located in South Asia. It is bordered by India on all sides except for a small border with Burma to the far southeast and by the Bay of Bengal to the south...
) was a former Chief Engineer
Chief Engineer
In marine transportation, the chief engineer is a licensed mariner in charge of the engineering department on a merchant vessel. "Chief engineer" is the official title of someone qualified to oversee the entire engine department; the qualification is colloquially called a "chief's...
of the Public Works Department
Public Works Department
Many governments worldwide have had departments or ministries referred to as the Public Works Department either formally or informally.In Australia: -New South Wales -*Office of Public Works and Services, New South Wales...
and later Head of the Capital Development Authority
Rajdhani Unnayan Kartripakkha (RAJUK)
Rajdhani Unnayan Kartripakkha, or RAJUK literally the Capital Development Authority of the Government of Bangladesh, is a Bangladeshi public agency responsible for coordinating urban development in Dhaka, Bangladesh...
of the Government of Bangladesh. In 2000, he was an electoral Candidate from Natore Area for the Parliament of Bangladesh
Jatiyo Sangshad
Jatiya Sangsad or National Assembly is the national parliament of Bangladesh. The current parliament of Bangladesh contains 345 seats including 45 women reserved seats distributed on elected party position in the parliament, the occupants of which are called Members of Parliament or MPs...
.
In 1991, after former military dictator General Ershad stepped down as the President of Bangladesh
President of Bangladesh
Since 1991, the President of Bangladesh is the head of state, a largely ceremonial post elected by the parliament. Since 1996, the President's role becomes more important after the term of the government has finished, when his executive authority is enhanced as laid down in the constitution of the...
, Rahmatullah was charged in the infamous Supreme Court
Supreme Court of Bangladesh
The Supreme Court of Bangladesh is the highest court of law in Bangladesh. It is composed of the High Court Division and the Appellate division, and was created by Part VI Chapter I of the Constitution of Bangladesh adopted in 1972. This is also the office of the Chief Justice, Appellate Division...
Janata Tower Case and named the third defendant after the President
President
A president is a leader of an organization, company, trade union, university, or country.Etymologically, a president is one who presides, who sits in leadership...
and the former First Lady
First Lady
First Lady or First Gentlemanis the unofficial title used in some countries for the spouse of an elected head of state.It is not normally used to refer to the spouse or partner of a prime minister; the husband or wife of the British Prime Minister is usually informally referred to as prime...
(and Member of Parliament
Member of Parliament
A Member of Parliament is a representative of the voters to a :parliament. In many countries with bicameral parliaments, the term applies specifically to members of the lower house, as upper houses often have a different title, such as senate, and thus also have different titles for its members,...
) by the Supreme Court of Bangladesh
Supreme Court of Bangladesh
The Supreme Court of Bangladesh is the highest court of law in Bangladesh. It is composed of the High Court Division and the Appellate division, and was created by Part VI Chapter I of the Constitution of Bangladesh adopted in 1972. This is also the office of the Chief Justice, Appellate Division...
. He was later acquitted when the Judge agreed that the case was filed on political grounds by the newly elected ruling party
Bangladesh Awami League
The Bangladesh Awami League , commonly known as the Awami League, is the mainstream center-left, secular political party in Bangladesh...
.
He was the husband to Begum Gule Afroz of the aristocratic SingraNatore Family
Princes of Natore
The Singranatore family is a family of Rajshahi landed aristocracy in erstwhile East Bengal that were prominent from mid nineteenth century till the fall of the monarchy in 1947-1948 and abolishment of rights and rule by the newly formed democratic government of East Pakistan in 1950.It is a...
; the grand daughter of Jalaluddin Mirza
Jalaluddin Mirza
Jalaluddin Mirza was a prince of the Mughal Royal Family, Gurkhan-e-Mirza.Most of his life was spent hiding from the British. He took refuge under the Zamindari Dighapatia family in Natore, Rajshahi. He had four sons and two daughters. His son Mirza Zafar eventually came to be an official in the...
, a zamindar
Zamindar
A Zamindar or zemindar , was an aristocrat, typically hereditary, who held enormous tracts of land and ruled over and taxed the bhikaaris who lived on batavaslam. Over time, they took princely and royal titles such as Maharaja , Raja , Nawab , and Mirza , Chowdhury , among others...
of Natore and was instrumental in building the Gole Afroz College
Gole Afroz College
Gol-e-Afroze Government College also called Gule Afroze Degree College is the only public residential, coeducational, institute of higher learning of Singra in Natore, Bangladesh. It is one of the five government colleges in the Natore District, and the third oldest, established before the War of...
(named after his wife).
Early Life and Education
Rahmatullah was born to a eminent muslim family in Natore part of British India. He matriculated from the Ahsanullah College of Engineering and became a public official during the East PakistanEast Pakistan
East Pakistan was a provincial state of Pakistan established in 14 August 1947. The provincial state existed until its declaration of independence on 26 March 1971 as the independent nation of Bangladesh. Pakistan recognized the new nation on 16 December 1971. East Pakistan was created from Bengal...
Era throughout the 1971 War of Liberation
Bangladesh Liberation War
The Bangladesh Liberation War was an armed conflict pitting East Pakistan and India against West Pakistan. The war resulted in the secession of East Pakistan, which became the independent nation of Bangladesh....
and then in independent Bangladesh
Bangladesh
Bangladesh , officially the People's Republic of Bangladesh is a sovereign state located in South Asia. It is bordered by India on all sides except for a small border with Burma to the far southeast and by the Bay of Bengal to the south...
.
Career
Former chief of the Public Works DepartmentPublic Works Department
Many governments worldwide have had departments or ministries referred to as the Public Works Department either formally or informally.In Australia: -New South Wales -*Office of Public Works and Services, New South Wales...
of Bangladesh, Rahmatullah was appointed the Chief of Rajdhani Unnayan Kartripakkha (RAJUK)
Rajdhani Unnayan Kartripakkha (RAJUK)
Rajdhani Unnayan Kartripakkha, or RAJUK literally the Capital Development Authority of the Government of Bangladesh, is a Bangladeshi public agency responsible for coordinating urban development in Dhaka, Bangladesh...
in 1987.
Charges
On 14 April 1991, the Bureau of Anti-CorruptionAnti Corruption Commission Bangladesh
Anti Corruption Commission Bangladesh often abbreviated: ACC was formed through an act promulgated on 23 February 2004 that into force on 9 May 2004...
sued the President of Bangladesh
President of Bangladesh
Since 1991, the President of Bangladesh is the head of state, a largely ceremonial post elected by the parliament. Since 1996, the President's role becomes more important after the term of the government has finished, when his executive authority is enhanced as laid down in the constitution of the...
, his wife the First Lady
First Lady
First Lady or First Gentlemanis the unofficial title used in some countries for the spouse of an elected head of state.It is not normally used to refer to the spouse or partner of a prime minister; the husband or wife of the British Prime Minister is usually informally referred to as prime...
and the Chief of RAJUK, M.M. Rahmatullah. In September 1989, it was alleged that him and the former President Hussain Muhammad Ershad in collusion with each other dishonestly and fraudulently with malafide intention helped to illegally get public land in their favour and then helped private executives to get 12 kathas of land at a negligible sum causing loss to RAJUK amounting to BDT
Bangladeshi taka
The Taka is the currency of Bangladesh. Bangladesh Bank, the central bank of the country controls the issuance of the currency except one taka and two taka notes, which are the responsibility of Ministry of Finance of the government of Bangladesh...
54,870,900 to obtain advantage for themselves. All other accused acted illegally in collusion with each other thereby abusing their position as public servants (as President of Bangladesh
President of Bangladesh
Since 1991, the President of Bangladesh is the head of state, a largely ceremonial post elected by the parliament. Since 1996, the President's role becomes more important after the term of the government has finished, when his executive authority is enhanced as laid down in the constitution of the...
and appointed chief of a public agency) which is punishable under section 109 of the Bangladesh Penal Code and section 5(2) of the Prevention of Corruption Act, 1947.
The officials were sentenced to simple imprisonment for seven years, at which point an appeal was made. The High Court
High Court
The term High Court usually refers to the superior court of a country or state. In some countries, it is the highest court . In others, it is positioned lower in the hierarchy of courts The term High Court usually refers to the superior court (or supreme court) of a country or state. In some...
Division heard the appeal, along with others and dismissed the appeal with modification of the sentence from simple imprisonment of seven years to a sentence of fine of Taka 10,000 each, in default, to suffer for two years in prison each and maintained the order of confiscation of the landed property.
Cases
In the case of State Vs. M.M Rahmatullah, the High Court Division of the Supreme Court of BangladeshSupreme Court of Bangladesh
The Supreme Court of Bangladesh is the highest court of law in Bangladesh. It is composed of the High Court Division and the Appellate division, and was created by Part VI Chapter I of the Constitution of Bangladesh adopted in 1972. This is also the office of the Chief Justice, Appellate Division...
expressed its opinion on Article 7 (2) of the Bangladesh Passport Order, 1973
Constitution of Bangladesh
The Constitution of Bangladesh is the supreme law of Bangladesh. It declares Bangladesh as a secular democratic republic where sovereignty belongs to the people; and lays down the framework defining fundamental political principles of the state and spells out the fundamental rights of citizens...
that apprehension on the part of the authority seizing the passport
Passport
A passport is a document, issued by a national government, which certifies, for the purpose of international travel, the identity and nationality of its holder. The elements of identity are name, date of birth, sex, and place of birth....
that the holder of the passport will not return to Bangladesh
Bangladesh
Bangladesh , officially the People's Republic of Bangladesh is a sovereign state located in South Asia. It is bordered by India on all sides except for a small border with Burma to the far southeast and by the Bay of Bengal to the south...
, if he is allowed to leave the country was not a ground for impounding of a passport of a citizen who wants to leave the country for medical check up and treatment. This argument can be applied to many identical situations. Right to travel abroad is a fundamental right as recognized in Article 36 of our Constitution. Supreme Court of India
Supreme Court of India
The Supreme Court of India is the highest judicial forum and final court of appeal as established by Part V, Chapter IV of the Constitution of India...
has taken a similar view in the case of Satwant Singh Vs. D. Ramarathnam, Assistant Passport Officer, New Delhi and others, AIR 1967 (SC) 1836 wherein it has been observed
that withdrawal of a passport given to an individual violates Articles 21 and 14 of Indian Constitution
Constitution of India
The Constitution of India is the supreme law of India. It lays down the framework defining fundamental political principles, establishes the structure, procedures, powers, and duties of government institutions, and sets out fundamental rights, directive principles, and the duties of citizens...
.
Implications
The Supreme Court has upheld the High Court ruling of jail and fines in the 'much-publicised' Janata Tower graft case against former first lady Raushan Ershad and Rahmatullah. Raushan's husband, the former President, however, had been convicted of the charges and sentenced of five years in prison. After three and a half years in prison, the Appellate Division maintained the fine but relieved Ershad from serving out the remaining one and a half years. As a result, the chief of Bangladesh Jatiya Party could not participate in the 2001 Elections.Further Reading
- Rahmatullah and Case US Intelligence Report from Foreign Broadcast Information ServiceForeign Broadcast Information ServiceForeign Broadcast Information Service was an open source intelligence component of the Central Intelligence Agency's Directorate of Science and Technology. It monitored, translated, and disseminated within the U.S. government openly available news and information from media sources outside the...
16th July 1992
External links
- Bangladesh News 24 High Court asks government to proceed with Janata Tower corruption case against Former President and Military Ruler HM Ershad May 25, 2006
- Bangladesh News 24 Bangladesh Legal Aid and Services Trust files petition Mar 23rd, 2006
- Bangladesh Web Former Military ruler files affidavit in-opposition in High Court April 13, 2006
- The Daily Star Certificate case against former president dismissed August 29, 2006
- The Daily Star Government can now confiscate Janata Tower property 2008-11-13
- News Network Janata Tower case SC upholds First Lady’s conviction “High Court Issue on 13th November“, 2008
- Highbeam.com Janata Tower Case: HC rule upon govt, General Ershad over non-payment of 50 pc fine April 30, 2001
- The Financial Express Supreme Court of Bangladesh upholds High Court Rule on infamous Janata Tower Case
- News Today BD SC upholds HC rule in Janata Tower case “November 13, 2008
- Presidential Palace Info Center Government of Bangladesh Former Military dictator’s Parliamentary seat vacated due to Janata Tower Case
- The Daily Star Ershad faces court on waiver order April 13, 2006
- Bangladesh News 24 Hearing on fine and punishment from Janata Tower corruption case deferred Apr 4th, 2006
- Bangladesh Web Janata Tower Case: Ershad files affidavit in-opposition in HC “April 13, 2006”
- South Asian Analysis Janata Case disqualifies former Military ruler and President from 2001 Elections “29 December 2006”
- The Daily Star High Court convicts Justice in Janata Case Ruling August 20, 2010