HC on-line Bench observes: Conducting cases from country’s outside illegal, unethical

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Staff Reporter :
The High Court in its full order on the rejection of online bail applications of Sikder Group chief Ron Haque Sikder and his brother Dipu Haque Sikder said that lawyers conducting cases from outside Bangladesh was ‘illegal and unethical’.
The online bench of Justice Md Ashraful Kamal made the observation in 112-page order posted in the Supreme Court’s website late on Saturday.
The court said that there was no scope of filing bail application staying abroad according to the law and rules.
‘Moreover, there is no scope of making submissions or arguments in courts as advocate staying outside the boundary of Bangladesh under the law, rules and the online courts’ practice direction given by the Supreme Court,’ the High Court said.
Senior lawyer Ajmalul Hossain from London argued in the online High Court’s bench for bails of two sibling brothers, now staying in Bangkok.
On July 20, the bench rejected petition of the two brothers and asked them to donate 10,000 sets of personal protection equipment (PPEs) to the Prime Minister’s relief fund within two weeks as compensation for wasting the court’s time by filing ‘illegal applications’ through online system staying abroad.
The court also warned Ajmalul against abusing the law reminding him that an anticipatory bail petitioner should appear before the court physically or present within the jurisdiction of the court.
Ajmalul claimed that the Section 3(2) of the Use of Information and Technology by Courts Act 2020 enabled any lawyer and party concerned to participate online hearing from anywhere around the world.
Director of Exim Bank Lt Col (Retired) Sirajul Islam filed the case with Gulshan Police Station on May 19 this year against Ron Haque Sikder and Dipu Haque Sikder for allegedly torturing two top officials of the bank and firing at them over a Tk 500 crore loan.
Accused Ron Haque Sikder and his brother Dipu Haque Sikder reportedly left the country by air on May 25 amid coronavirus pandemic.
In a statement to the media, the National Bank Limited (NBL), a concern of Sikder Group of Companies, later said the case was “baseless” and “fabricated”, adding that Ron Haque Sikder, managing director of Sikder Group, “did not apply for any such loan”.
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