A High Court Division Bench of the Supreme Court of Bangladesh yesterday delivered unusual split orders regarding bail prayer of 18 fugitive convicts.
Presiding judge Syed A B Mahmudul Huq in his order kept
the bail petitions pending and directed the convicts to surrender within eight
weeks to the Metropolitan Senior Special Judge's Court. The senior judge of the
bench asked the convicts to come before the bench after obtaining papers of
surrender from the court concerned.
On the other hand, junior judge of the bench Moyeenul Islam Chowdhury in his order disposed of the bail petitions of the convicts and directed them to surrender to the designated lower court within eight weeks and, if necessary, to come to the bench after exhausting the regular trial court process.
An eminent lawyer said, the core point of difference between the two orders are that the presiding judge's one asked the convicts to come before the bench after obtaining papers of surrender from the trial court, the implied meaning of which is that the court below shall allow them to do so.
The order of the other member of the bench did not dispute with the enlargement of eight weeks but ordered the convicts to come before the High Court bench after exhausting the regular trial court process, meaning the court below shall take its own course of action and may not necessarily allow them to be at large after eight weeks and go to the higher court themselves. In that case they could come to the court through their Counsels as convicted appellants.
Senior and well-experienced lawyers, with the request for not mentioning their names, said the honourable High Court Division of the Supreme Court, over last some years, has been taking much load of bail prayers and has been awarding it which may, over time, incapacitate our lower judiciary and inadvertently affect the process of law and process of court.
They expressed the hope that the honorable High Court Division shall now not rethink the matter and may gradually squeeze the practice.