The High Court yesterday withdrew its earlier order that granted bail to controversial Jubo League leader GK Shamim in two separate criminal cases. Two HC benches passed the recall orders on a suo moto move.
Newspaper reports said the HC Bench of Justice AKM Asaduzzaman and Justice SM Mozibur Rahman withdrew its earlier order that granted bail to GK Shamim in an arms case. Later, another HC Bench of Justice Md Rezaul Haque and Justice Bhishwamadev Chakrabortty passed the recall order in a drug case.
However Shamim’s lawyer Advocate Momtazuddin Ahmed Mehedi told reporters that his client can move a fresh petition before the HC for bail. Even Shamim can also move an appeal before the Supreme Court against the court order.
Earlier, two separate High Court Benches granted bail to Shamim, also known as Golam Kibria Shamim, for six months in narcotics case and for one year in arms case. Fortunately Shamim was not released from jail following some confusion over the name and for the fact that the orders of bail were unbelievable.
What is most interesting, however, is that Attorney General Mahbubey Alam said Deputy Attorney General (DAG) concerned did not inform him about the HC order that granted bail to Shamim.
He stated that he would talk to the government authority to take decision on actions against the DAG concerned for not informing him about the HC orders in this connection.
So the question is why didn’t the DAG inform the AG about the bail orders. Why there was such a serious breach of fair conduct? Why such practice not yet stopped?
Such a matter must be investigated thoroughly to find out if there was any political interest of the government and whether big money played any role there.
It is clear that if he could come out of jail he would have fled the country without any loss of time. Our suspicion is-the DAG has to do anything whatever he got directives from the above.
Now he can be sacrificed as an escape goat. But misuse of government’s power over bail and corruption business with bail will not stop.
Government’s influence and dominance over bail matters are not unknown. In a recent case the Session Judge of Pirojpur faced the wrath of the Law Ministry for refusing bail of a ruling party man involving three corruption cases.
Judges must be free to exercise their discretion on bail matters without interference from the government so that the judicial discretion remains so. The judges will be accountable to the Supreme Court alone.
In the case under discussion evidence is overwhelming about his involvement in criminal activities under the guise of casino business and his power for holding an important position in the political structure of the government.
In our present situation bail has become a political matter for the government to claim controlling power over bail matters. The lower courts have become easy victims of government’s role in bail matters.
The Supreme Court has to examine the question of government’s interest in bail matters.
At the same time, the Supreme Court has to exercise its supervisory power for protecting the lower judiciary.
