UNB, Dhaka :
The High Court on Thursday admonished two judges over their refusal to hear a bail petition filed by an accused in a case filed Under Section 57 of the Information and Communication Technology (ICT) Act.
The judges are Magura District and Session’s Judge Sheikh Mofizur Rahman and Judge of Cyber Tribunal of Dhaka Md Saiful Islam.
The two-member HC bench of Justice Md Miftah Uddin Choudhury and Justice ANM Bashir Ullah also granted bail to accused Ahmed Sabuj, a resident of Mohammadpur upazila in Magura district.
The court did not accept the written statements of
the two judges, said Sabuj’s lawyer Md Aminul Ehsan Jubayer. In its observation, the court said the cyber tribunal cannot take cognisance of the bail petition of an accused in cases filed under the ICT Act until the submission of police report.
It also said the district and session’s judge cannot hear a bail petition against a magistrate court order before the submission of police report. Besides, the court ordered the Supreme Court registrar general to send copies of the order to the country’s all courts-district and session’s judge, chief metropolitan magistrate and chief judicial magistrate- Deputy Attorney General Moniruzzaman Kabir argued for the state.
The case was filed against Sabuj on September 10 last year for posting an anti-government status in social media site Facebook. Later, Sabuj filed a bail petition with a magistrate court of Magura but he was denied bail.
On November 17 last, he filed another petition with the district and sessions’ court. However, the court refused to hear the petition. Later, he filed a petition with the Cyber Tribunal in the capital which it rejected.
The High Court on Thursday admonished two judges over their refusal to hear a bail petition filed by an accused in a case filed Under Section 57 of the Information and Communication Technology (ICT) Act.
The judges are Magura District and Session’s Judge Sheikh Mofizur Rahman and Judge of Cyber Tribunal of Dhaka Md Saiful Islam.
The two-member HC bench of Justice Md Miftah Uddin Choudhury and Justice ANM Bashir Ullah also granted bail to accused Ahmed Sabuj, a resident of Mohammadpur upazila in Magura district.
The court did not accept the written statements of
the two judges, said Sabuj’s lawyer Md Aminul Ehsan Jubayer. In its observation, the court said the cyber tribunal cannot take cognisance of the bail petition of an accused in cases filed under the ICT Act until the submission of police report.
It also said the district and session’s judge cannot hear a bail petition against a magistrate court order before the submission of police report. Besides, the court ordered the Supreme Court registrar general to send copies of the order to the country’s all courts-district and session’s judge, chief metropolitan magistrate and chief judicial magistrate- Deputy Attorney General Moniruzzaman Kabir argued for the state.
The case was filed against Sabuj on September 10 last year for posting an anti-government status in social media site Facebook. Later, Sabuj filed a bail petition with a magistrate court of Magura but he was denied bail.
On November 17 last, he filed another petition with the district and sessions’ court. However, the court refused to hear the petition. Later, he filed a petition with the Cyber Tribunal in the capital which it rejected.
