HC stays proceedings in case against Somoy TV chairman, directors
The court also issued a rule asking why the case should not be quashed and fixed 4 August for the full hearing.
Highlights:
- HC stays proceedings in the case for one month
- Court issues rule seeking explanation on why case should not be quashed
- Full hearing fixed for 4 August
- Somoy TV says former director lacked authority to file the case
- Stay order also suspends arrest warrants issued against the accused
The High Court today (19 July) stayed the proceedings of a fraud and breach of trust case filed against the chairman and other directors of Somoy Television and issued a rule asking why the case should not be quashed.
A High Court bench of Justice KM Zahid Sarwar and Justice Sheikh Abu Taher passed the order after hearing a petition filed by Somoy Television Limited under Section 561A of the Code of Criminal Procedure.
The court granted a one-month stay on the proceedings and fixed 4 August for the full hearing of the matter.
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Senior lawyer Shishir Monir, appearing for Somoy Television Limited, told reporters that the case had been filed by the company's former director Ahmed Jubayer through a representative, Sani Chowdhury, claiming to act on behalf of the company.
He said the lower court had taken cognisance of the complaint and issued arrest warrants against the accused. However, the company's board later decided that it would not pursue the case.
Monir argued that Ahmed Jubayer had filed the complaint in the company's name without any letter of authority or approval from Somoy Television Limited.
He said the company later applied to the lower court to withdraw the case, but the application was rejected, prompting it to challenge the order before the High Court.
"The court has issued a rule asking why the criminal proceedings should not be quashed and stayed the proceedings for one month," Monir said.
He added that allowing individuals to file criminal cases in a company's name without proper authorisation would create legal uncertainty and could enable anyone to initiate proceedings on behalf of a company without its consent.
The stay order also suspends the arrest warrants and all legal proceedings arising from the case until further orders.
Earlier, a Dhaka metropolitan court had issued arrest warrants against five individuals, including City Group Managing Director Md Hasan, over allegations of embezzling Tk5.34 crore in advertisement dues owed to Somoy Media. The complaint had been filed by former Somoy Television director Ahmed Jubayer.
On 7 July, Metropolitan Magistrate Israt Jahan issued the warrants after the accused failed to appear before the court. Other accused in the case include former Somoy TV managing director Shampa Rahman, former director Morshedul Islam, former head of Marketing Md Ahsanul Islam and former senior manager (Marketing) Ayesha Siddika.
