Controversy over bail of AB Bank officials: HC for larger Bench to decide lower court jurisdiction

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Staff Reporter :
A High Court bench (HC) on Wednesday recommended to the Chief Justice to formulate a larger bench for disposal of a matter, if a Judicial Magistrate can be able to grant bail to any accused before the trial started in the cases filed under the Special Acts.
The HC bench of Justice M Enayetur Rahim and Justice Shahidul Karim recommended this after final hearing on a rule issued against bail of two AB Bank officials by the trial court in a money laundering case. The court, however, did not pass any decision on the rule.
The court also ordered to send the case documents to the Chief Justice.
The court said, some legal questions are involved in this case. Some HC benches have separate decisions on granting bail in the cases disposed under Special Acts. But we did not find any decision from the Appellate Division on this, the court also said.
“We have found a decision of Kolkata High Court, which said, Magistrate Court cannot grant bail in these cases. This is why we think, this matter should be resolved in a larger bench and for it we are sending the item to the Chief Justice.”
“So, decision on bail in this case will be passed after disposing the legal side,” the court said.
Advocate Khurshed Alam Khan appeared in the court on behalf of the Anti-Corruption Commission (ACC), while Advocate Asadur Rouf stood for the bank employees.
The lawyers said, now the Chief Justice will form a larger bench comprising three judges and that bench will finalize the bail decision.
Advocate Asadur Rouf said, the bail granted to the two bank officials by the Magistrate Court will continue as the High Court did not
Gynecology at Bangabandhu Sheikh Mujib Medical University (BSMMU). The other member of the committee is National Professor and Gynecology expert Dr Shaila Khatun.
The court asked the committee to submit the probe report to this court by April 11.
The HC bench of Justice Salma Masud Chowdhury and Justice A K M Zahirul Hoque passed the order during hearing a rule issued by this court on March 25 in this regard.
The court also directed five doctors of Cumilla Medical College and Hospital who were involved in the operation to appear in this court on April 11.
The five doctors are Karuna Rani Karmokar, Nasrin Akhtar Popi, Janibul Hoque, Dilruba Sharmin and Ayesha Afroj.
The HC on Wednesday exonerated the Civil Surgeon and Director of Cumilla Medical College and Hospital from personal appearance in the court in connection with the incident.
The Civil Surgeon and the Director and five doctors appeared in the HC bench in connection with the incident on Wednesday in line with its March 25 order.
According to the news reports, expecting mother Julekha Begum, 30, wife of Shafik Kazi from Muradnagar Upazila of Cumilla was admitted to CMCH with labour pain on March 17. Doctors led by Dr Karuna Rani Karmokar, head of the Gynecology at CMCH, operated on Julekha on March 18, a daily reported.
The doctors cut the uterus of Julekha and the baby’s head during the operation, it said. The baby’s body was dumped near the hospital through its security guard, it added.
On behalf of Ain o Salish Kendra, four lawyers— M Asaduzzaman, Farhana Islam Khan, Anisul Hasan and Shagufta Tabassum Ahmed— placed the newspaper reports in the court.
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