Dhaka – The Supreme Court has asked the authorities concerned to pay 100 crore taka to the owner of Moon Cinema hall, whose property was acquired under the 1977 martial law regulation, as his property was not returned after a court verdict in favour of him.
A four-member panel of judges of the Appellate Division headed by Chief Justice Syed Mahmud Hossain passed the order Monday asking the Ministry of Liberation War Affairs to pay the amount by December 8.
The court was hearing a contempt petition filed by Maksudul Alam, the owner of the cinema hall, who own the case after challenging the constitution’s fifth amendment. The Supreme Court on May 11, 2011 directed the Freedom Fighters’ Welfare Fund to return the property to the owner.
The High Court, earlier on August 29, 2005 ruled following a writ petition filed by Alam challenging the Martial Law regulation seven of 1977 issued to legalise all illegal acts of the Martial Law government, including acquiring the land of the then Moon Cinema Hall prior to that time.
Attorney General Mahbubey Alam, during the Monday’s hearing, said the finance ministry has agreed to pay the amount to the owner through Ministry of Liberation War Affairs.
Then the Supreme Court asked the Liberation War Affairs Ministry to pay the money to the Moon Cinema Hall owner by December 8.
As the May 11, 2011 order by the court remained unheeded, Maksudul Alam filed a contempt of court petition with the Supreme Court in January 2013 against the government and Muktijodhha Kalyan Trust for not executing the verdict.
During hearing the petition, the SC in January 2017 appointed engineer Zamilur Reza Chowdhury to assess the cost of properties of Moon Cinema Hall which has already been turned into a development structure.
Chowdhury assessed the cost to be around Tk 100 crore.
The Supreme Court on February 2, 2010 in another rule had upheld the High Court verdict that declared the fifth amendment of the constitution illegal. The order meant that the government between August 15, 1975 and April 9, 1979 were in power without lawful authority.