Dhaka, May 7 High Court on Monday gave a split verdict on the bail appeal by acting secretary-general Mirza Fakhrul Islam Alamgir and 35 other BNP leaders in a case over the recent general strike.
But they will have respite 'for the time being' for seven days as the judges ordered police not to harass them in the case filed over arson attack on a bus during Apr 29 countrywide shutdown.
After spending a week in 'hiding', senior BNP leaders including Fakhrul, vice-chairman Sadeque Hossain Khoka appeared before the bench of justices Moinul Islam Chowdhury and Mohammad Nazrul Islam Talukder at noon for bail.
The judges delivered two different orders about Fakhrul and Khoka after hearing the bail pleas in the both cases filed with Tejgaon and Shahbagh police over arson attack in front of the prime minister's office and for their alleged role in bomb explosions at the Secretariat, respectively.
Justice Moinul Islam Chowdhury, the senior judge of the bench, granted them bail until a police report is submitted. But Justice Nazrul Islam Talukder ordered the accused to appeal for bail within seven days in the trial court.
At this stage, the lawyer for the BNP leaders, Moudud Ahmed, said police may harass them in these seven days despite the court order for them to surrender in the trial court.
He sought the court's directive on the matter, to which the bench said, "Since the matter will go to a third bench now, you [BNP leaders] are getting seven days."
The judges also ordered police not to 'harass' the BNP leaders.
The bench also split its judgement regarding the case registered with the Shahbagh Police Station over the bomb explosions at the Secretariat.
Following the order, Moudud said, "This is the first victory in the legal battle. Now, they [BNP leaders] will be out on bail until the Chief Justice forms the third bench and that bench delivers the order."
Additional attorney general MK Rahman told bdnews24.com: "BNP leaders have got some time for now with the court's order. The matter will now go to the Chief Justice. Then it will be transferred to the third bench. A decision will be made there."
The senior BNP leaders drove into the court premises in five cars bypassing police barricade at 12:45pm, immediately after a High Court bench ordered authorities to not put obstacles on the leaders' way to the court.
The court order came on a plea from BNP leader Moudud Ahmed.
Other BNP leaders who appeared before the court are standing committee members ASM Hannan Shah and Khandaker Mosharraf Hossain.
Earlier in the evening on Sunday, a holiday on the occasion of Buddha Purnima, about 40 BNP leaders and activists had entered Supreme Court premises dodging police.
The leaders include BNP standing committee members MK Anwar, Mirza Abbas, Goyeshwar Chandra Roy, joint secretary general Aman Ullah Aman and organising secretary Fazlul Haque Milon.
They spent the night in the Supreme Court Bar Association (SCBA) building.
The leaders were accused in the cases filed on Apr 29 with Tejgaon and Shahbagh police for setting a vehicle ablaze in front of the prime minister's office and hurling crude bombs at the Secretariat.
Many of the senior BNP leaders had 'gone into hiding' immediately after the cases were filed. BNP's joint secretary general Ruhul Kabir Rizvi was arrested on Apr 30 while police continued drives in search of the accused BNP leaders.
Earlier, a High Court bench had felt embarrassed when BNP moved the court for anticipatory bail of the leaders.
The BNP has been alleging that their leaders were being prevented from approaching the court with police and Rapid Action Battalion blocking all the ways leading to it.
Security around the High Court was relaxed on Sunday, when US secretary of state Hillary Clinton and Indian finance minister Pranab Mukherjee were visiting Bangladesh.
The BNP leaders took the opportunity to enter the High Court premises, which had been kept under strict security over the last few days since Apr 29.
Earlier in the morning on Monday, Moudud filed a petition with the bench of Justices Chowdhury and Talukder seeking anticipatory bail for his colleagues.
The bench inquired why Moudud had not filed the petition with the senior bench.
Moudud informed the court that a judge of the senior bench had felt embarrassed to hear the petition while the other justice was on leave.
Answering to the court over the number of people seeking the bail, Moudud said one of the cases has accused 44 people while the second one named 28 others and all of them wanted bail.
He said the accused had been prevented from approaching the court, depriving them of their right to justice. He requested the court for an order to allow the accused to come before the court.
The court observed every citizen has the right to seek bail in court. The court called deputy attorney general Khurshid Alam and directed him to ensure necessary arrangements so that the accused leaders can come before the court for seeking bail.
Soon Moudud and other pro-BNP leaders took position at the entrance to the Supreme Court and were locked in an altercation with police over the court order.
Assistant Commissioner of Ramna Zone of Dhaka Metropolitan Police Shibly A Noman argued that they could not allow the leaders in with getting necessary papers in hand. Moudud handed him a paper containing the court order.
At this stage, the BNP leaders including Fakhrul entered the High Court premises in five vehicles covered by black glasses. Liberal Democratic Party chairman Oli Ahmed, Jatiya Gonotantrik Party president Shafiul Alam Prodhan and Bangladesh Jatiya Party chief Andalib Rahman Parthha appeared before the court following the BNP leaders.
BNP chairperson Khaleda Zia's adviser Khandker Mahbub Hossain, standing committee member Rafiqul Islam Miah, president of the Supreme Court Bar Association Joynul Abedin, its former secretary Badruddoza Badal and Shahjahan Omar were present at the court to argue the case of the BNP leaders.
কোন মন্তব্য নেই:
একটি মন্তব্য পোস্ট করুন