Gulam Rabbani :
The High Court on Wednesday termed the decisions of sending an accused on repeated remand cannot be the functions of any civilized society.
It also observed that the actress Shamsunnahar Smriti alias Pori Moni was remanded three times in a drug case by ‘abus of power’.
While hearing a ruling issued earlier, the High Court Bench of Justice Mustafa Zaman Islam and Justice KM Zahid Sarwar said, “The investigation officer prayed for remand without the proper element, and you (the magistrate) granted it. This can’t take place in any civilized society. Remand is very exceptional matter.”
At one stage of the hearing, Senior Judge of the Bench, Justice Mustafa Zaman Islam said that the magistrate had “abused his remand power” by granting the remand prayers for the third consecutive time against Pori Moni.
Advocate ZI Khan Panna, Advocate Mojibur Rahman and Advocate Syeda Nasrin appeared in the court on behalf of Pori Moni, while Deputy Attorney General Yahiya Dulal and Assistant Attorney General Mizanur Rahman represented the State.
During the hearing, ZI Khan Panna said, “We have submitted Supreme Court judgement in the court. The courts were asked to comply with the directions issued in the judgement regarding the remand prayers, but in most cases these are not followed.”
The court then said, “We will issue a guideline regarding remand granting. There is a guideline from the Supreme Court, but they (magistrates) are not abiding by it.” Then lawyer ZI Khan Panna sought a direction so that the courts follow the guideline in granting remand.
In one stage, the senior judge of the Bench wanted to call the records of the remands from the concerned magistrates. Justice Mustafa Zaman Islam said, “We don’t want to issue any rule, we want to call the records of the remands. What elements were in their hand that they (magistrate) placed the accused on remand for the third phase.”
Then the state counsels informed the court that the Attorney General would appear in the hearing. So they needed time. After hearing the parties, the court adjourned the hearing.
On August 22, Pori Moni filed a bail petition with a Dhaka Metropolitan Sessions Judge’s Court challenging the lower court’s bail rejection in the case filed against her. Upon hearing the judge of the Dhaka Metropolitan Sessions Judge’s Court in Dhaka, KM Emrul Kayesh, fixed September 13 this year for holding hearing on Pori Moni’s bail petition.
Then her lawyer, Mojibur Rahman, filed another petition to the court to hold an expeditious hearing on the petition, but the appeal was unheeded. Then they filed a revision petition with the High Court challenging the order of fixing September 13 as the bail hearing date.
After holding a primary hearing on the petition the High Court on August 26 issued a ruling over holding an expeditious hearing on the bail petition, said Pori Moni’s lawyer Mojibur Rahman.
In the ruling the High Court also wanted to know from the respondents as to why the Dhaka Metropolitan Sessions Judge’s Court should not be directed to hold a hearing with two days (after receipt of the HC order) on the petition filed by Pori Moni’ lawyer on August 22 seeking an expeditious hearing on the bail petition.
It also wanted to know in the ruling as to why the order passed by the Dhaka Metropolitan Sessions Judge’s Court fixing September 13 as the bail hearing date should not be cancelled.
The Dhaka Metropolitan Sessions Judge’s Court and other respondents were asked to comply with the ruling within September 1 and the court also fixed the same date for holding hearing on the ruling.
Accordingly the petition came on the cause-list of the HC Bench on Wednesday. The court adjourned the hearing as the state counsel sought time.
Pori Moni was placed on remand for seven days by three consecutive court orders which created a controversy across the country. Ain O Salish Kendra (ASK), a leading rights organization, in a petition submitted in the HC described this remand system as totally barbaric, inhuman, cruel and in violation of human rights.
In the meantime the judge of the Dhaka Metropolitan Sessions Judge’s Court rescheduled the bail hearing date on August 31 and granted bail to Pori Moni till the submission of the police investigation report. Following the bail order Pori Moni on Wednesday morning got release from the Kashimpur Central Jail in Gazipur.
On August 4 this year, members of the Rapid Action Battalion (RAB) detained Pori Moni from her house. RAB also seized a huge quantity of narcotics from her residence. Later RAB filed a case against her under the Narcotics Control Act.
bdnews24.com adds: Actress Shamsunnahar Smriti, popularly known by her screen name Pori Moni, has been released from jail nearly a month after her arrest in a narcotics case. She was freed from the Kashimpur Central Women’s Prison around 9:30 am on Wednesday morning, said Jail Supervisor Halima Akhtar.
The actress was arrested on Aug 4 after the Rapid Action Battalion conducted a raid at her home in Dhaka’s Banani. The following day she was accused in a narcotics case filed at Banani Police Station.
A crowd gathers at the Kashimpur Central Women’s Prison on Wednesday, September 1, 2021 after news spread that actress Pori Moni was to be released.
The CID received three rounds of remand, totalling seven days, to interrogate Pori Moni over the case. After the remand terms expired on Aug 21, she was ordered to Kashimpur Central Women’s Prison by the court.
She finally received bail in the case on Tuesday. Since then, news of her pending release has drawn people and the media to the gates of the prison.
Pori Moni’s bail documents arrived at the jail around 10 am and the processing was completed around 9:30 am, after which she was released, the prison superintendent said. Around 8:15 am, her lawyers Nilanjana Rifat Surovi and Khalu Md Jashimuddin brought some of the actress’s loved ones to the prison gates.
Actress Pori Moni smiles after her release from prison on Wednesday, September 1, 2021.
Nilanjana told reporters that Pori Moni would not be giving a statement to the media during her release and would, instead, speak with them once she returned to Dhaka and rested.
As Pori Moni exited the prison and boarded a car, she waved to the gathered crowd. She also peeked out through the sunroof of the car, wearing a white shawl wrapped around her head.
