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Tk 200cr defamation suit against Bashundhara

Filed by Prothom Alo editor, Transcom chief

Staff Correspondent
Prothom Alo Editor and Publisher Matiur Rahman, and Chairman and Managing Director of Mediastar Ltd and TYanscom Group Latifur Rahman filed a civil defamation suit on Sunday with the 4th Joint District Judge's Court of Dhaka against Bashundhara Group, seeking Tk 200 crore in damages, according to a media release.
Mediastar Ltd rs the owning company of the Prothom Alo.
On behalf of Matiur Rahman and Latifur Rahman, Dr Kamal Hossain and Associates filed the defamation suit on charges of
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publishing highly libellous and insulting advertisements and posters, and for other malicious activities.
Ute defendants in die case are Chairman of Bashundhara Group Ahmed Akbar Sobhan, the group s Senior Deputy Managing Director Md Belayet Hossain, its Chairman's Technical Adviser Latiful Abedin Hossain. Bashundhara Steel and Engineering Ltd Executive Director Maj (retd) Zahidur Rahman, and the group's 11 companies listed with the Joint Stock Exchange.
Bashundhara Group started publishing the libellous advertisements in a section of national dailies after the Prothom .Mo had published a report tided 'State machinery desperate to save Bashundhara' on October 12. 2009: and another headlined Allegation of yellow journalism, the chief justice has no comment' on October 13.2009.
From the same time malicious posters with photographs of Prothom .Mo Editor Matiur Rahman, and of Mediastar Ltd and Transcom Group Chairman Latifur Rahman were being seen at different areas of the country including Dhaka. Chittagong, and Gazipur. Those posters were also on local and inter-district buses.
The four-colour posters printed on costly papers were also pasted in diplomatic enclaves in Gulshan and Baridhara ofthecapital.
The plaintiffs said pasting of such malicious posters was in violation of Dhaka City Corporation Act 2009. and Metropolitan Police Ordinance 1976.
Prothom Alo Editor Matiur Rahman sent a letter to the Dhaka metropolitan police commissioner on October 28, and to Dhaka Mayor Sadeque Hossain Khoka on October 29 with appeals to remove those malicious posters.
Dr Kamal Hossain and .Associates on October 24 on behalf of the Prothom Alo and Transcom Group issued legal notices on the three Banshundhara group officials and its Chairman Ahmed Akbar Sobhan. asking them to apologise within 48 hours, and publish advertisements in seven national dailies for five days in a row. recanting the earlier published malicious advertisements.
On October 27-Barrister Fahimul Huq on behalf of the. Bashundhara Group chairman gave a reply, in which surprisingly the Bashundhara Group chairman denied the responsibility of continued publication of the said advertisements. He specifically claimed that he had not the slightest involvement in the publication of those advertisements or in any other activity against the Prothom Alo and Trascom Group.
However, in the case filed by Dr Kamal Hossain and Associates on behalf of the Prothom Alo and Transcom Group, it is mentioned that all the defendants must bear the responsibilities and legal consequences personally, and Bashundhara Group also must bear the same as an instirution.
Dr Kamal Hossain and Associates also mentioned that Bashundhara Group did not protest or give any explanation regarding the reports published in the Prothom Alo. Rather as retaliation, they published libellous advertisements without making any mention of the Prothom .Mo reports. They also pasted malicious posters anonymously.
In the complaint Dr Kamal Hossain and Associates mentioned that a legal notice was issued by’ Barrister Mizan Saeed on behalf of Bashundhara Group Chairman Ahmed Akbar Sobhan on November 16,2009. In that notice Chairman of Mediastar and Transcom Latifur Rahman, Prothom /Mo Editor Matiur Rahman, cartoonist Shishir Bhattacharya, and reporter also Prothom Alo Deputy Editor Mizanur Rahman Khan were accused of libel for publishing the reports and a cartoon involving the Bashundhara Group chairman
Dr Kamal Hossain and Associates said in the complaint, "The Bashundhara Group chairman finally took off his mask. With the legal notice the Bashundhara chairman practically admitted that he had been personally aggrieved due to the publication of die reports and a cartoon on October 12 and 13, 2009 in the Prothom Alo."
Md Belayet Hossain puplished libellous advertisements in different newspapers under his own name from October 14 to October 26,2009. He is the senior deputy managing director of Bashundhara Group.
TIM Latiful .Abedin Hossain filed a fabricated general diary (GD) withTejgaon police station on October 14, 2009 against Prothom Alo Editor Matiur Rahman. Mediastar Ltd and Transcom Group Chairman latifur Rahman, and others on charges of arson in Bashundhara City, latiful Abedin is the technical adviser to Bashundhara Group chair man.
Besides, on October 15.2009 Maj (retd) Zahidur Rahman filed a libel suit against Matiur Rahman and Latifur Rahman
with Dhaka Senior Judicia Magistrate's Court 3, witl malicious intent. The judicia magistrate on the same da dismissed the case saying th, Prothom Alo report did no contain any element libellous t< Bashundhara Group'. Ma (retd) Zahidur Rahman identi fied himself as the executivi director of Bashundhara Stee and Engineering Ltd.
Although Dr Kamal Hossair and Associates issued lega notices on Bashundhara Grouj Chairman Ahmed Akbai Sobhan and the tliree others or October 24.2009. none of them except Mr Sobhan has so fw replied.
The plaintiffs of Sunday * defamation suit also mentionec that even after issuance of the legal notices, a daily 'owned b) the chairman of Bashundhara Group' has been publishing false and concocted stories about the Prothom Alo, Matiut Rahman. Trascom Group, and Latifur Rahman -- every day since October 13,2009.
In die suit complaint Dr Kamal Hossain and Associates mentioned - the malicious activities diat the defendants have been carrying out since October 13. 2009 to tarnish the plaintiffs' hard earned reputation. have been unprecedented. Therefore exemplary financial damages should be fixed against them.
The complaint added that the news of fire in Bashundhara Qty on March 13. 2009 was publicised by’ the international media like CNN. ABC and BBC saying the cause of die fire could not be known immediately. The home ministry formed an inquiry committee to investigate die incident.
The number one defendant in the suit Ahmed Akbar Sobhan. who claims himself as an internationally reputed businessman, knows well diat die people all over the world are eager to know the cause of die fire in the biggest shopping mall of the country. And that is why he has been making malicious attempts to besmirch the image and honour of the two plaintiffs (Matiur Rahman and Latifur Rahman) at home and abroad, by filing the GD with concocted charges of arson against them, and by publishing malicious advertisements in national dailies, the complaint said.
The complaint also said Ahmed Akbar Sobhan was given the opportunity to apologise; hut insiead 'df faking the opportunity he 'gdt Involved in further attempts of spreading malice.
The GD filed with the police station is still active, and the malicious advertisements printed in newspapers will remain in die country's archives as a continuous source of insult and mental anguish for the plaintiffs. If preventive steps are not taken against Bashundhara Group, their various activities to harm the plaintiffs will continue - mentioning these reasons in the complaint the defamation suit demanded Tk 125 crore in special damages in equal amount for both Matiur Rahman and Latifur Rahman, and
Tk 75 crore in aggravated damages to be realised through the court
The judge in his order on Sunday said, "A summon be issued for January 27, 2010 through the court and mail for return of the acknowledgement due (AD) regarding whether the defendant/defendants will contest, and for appearance."