Staff Reporter :
The High Court (HC) on Sunday deferred till today (Monday) the hearing on a writ petition filed challenging the government’s failure and inaction to prevent the recent attack on Barrister Mainul Hosein at Rangpur Court compound.
The High Court Bench of Justice Syed Refaat Ahmed and Justice Md Iqbal Kabir passed the order yesterday after a brief hearing.
The Deputy Attorney General informed the court that the Attorney General would take part in the hearing, but he was not present on Sunday.
On November 13, the Deputy Attorney General once again prayed for time to the HC on the same ground. Saju Hosein, wife of Barrister Mainul Hosein, filed the petition on November 7, 2018 with the High Court.
In the petition, Saju Hosein challenged the government’s failure and inaction to prevent the recent attack on Barrister Mainul at Rangpur Court compound.
She sought a rule from the court as to why the government’s failure to provide adequate security to Barrister Mainul should not be declared illegal, her lawyer Advocate M Masud Rana told The New Nation.
After primary hearing on the petition, the said High Court Bench on November 8, 2018, asked the authorities to arrange adequate security for Barrister Mainul Hosein if he is transferred to another jail from Rangpur.
Advocate Khandker Mahbub Hossain and Advocate M Masud Rana appeared in the court for the petitioner while, Deputy Attorney General Kazi Jinat Huq stood for the State. Advocate Bipul Bagmar, Advocate Abdur Rahim, Advocate Tajul Islam, Advocate A K Khan Uzzal and Advocate Monjur Kadir were also present in the court on behalf of the petitioner.
In the hearing, Advocate Khandker Mahbub said, “The ruling party men attacked Barrister Mainul Hosein on the Rangpur Court premises on November 4 while under custody. It was a failure of the law enforcing agencies that someone under their custody was attacked. So, we pray to the court to issue rule on their failure.”
Then the Deputy Attorney General told the court that the Attorney General would take part in the hearing on the two petitions. So, they needed time.
Upon another writ petition filed by Saju Hosein, the same HC Bench on November 11 issued a rule asking the government to explain within seven days as to why it should not be directed to admit Barrister Mainul Hosein to an appropriate hospital in Dhaka for his treatment.
Home Secretary, Inspector General of Police, Inspector General of Prison, Deputy Inspector General of Prison, Rangpur Range, Civil Surgeons of Dhaka and Rangpur and others have been made respondents.
Advocate Abdur Rahim, a lawyer for Barrister Mainul Hosein, said, the court will also hold hearing on the rule today. The petition was also filed on November 7, 2018 with the High Court.
Besides, the Appellate Division on Sunday fixed one week after the SC’s next vacation for hearing on the two leave to appeal petitions filed by the government seeking modification of the High Court order that granted five months bail to Barrister Mainul Hosein in two separate defamation cases filed in Dhaka Court and Jamalpur Court.
A seven-member Bench of the Appellate Division headed by Chief Justice Syed Mahmud Hossain passed the order considering a time-prayer filed by the Barrister Mainul’s lawyer.
On October 21, the HC Bench of Justice Muhammad Abdul Hafiz and Justice Mohi Uddin Shamim granted five months bail to Barrister Mainul.
A team of Detective Branch (DB) of police on October 22 arrested former Adviser to the Caretaker Government Barrister Mainul Hosein from Dhaka in a defamation case filed in Rangpur Court. But some other cases were sued against him before and after his arrest.
Now Barrister Mainul is in Rangpur jail. He was lodged in the jail on November 3.
A Rangpur Court on November 4 rejected a bail petition filed by Barrister Mainul Hosein in a defamation case. But he was attacked in the courtyard by some ruling party men as he was being brought into the court on the day.
On October 16, Mainul Hosein was connected to a talk show programme, ‘Ekattorer Journal’, through a video conference aired on a private TV channel, Ekattor TV, hosted by Mithila Farzana, and made an ‘offensive comments’ against Masuda Bhatti.
During the talk show, Masuda Bhatti told Mainul Hosein, “You say that you are with the Jatiya Oikya Front as a citizen of the country, but in social networking sites, many people are saying that you are there as a representative of Jamaat-e-Islami.”
Angered by the comment, Mainul Hosein said, “I’m thanking you for your audacity and I want to believe you as ‘characterless’. There’s no question about Jamaat link’s with me and what question you have asked is embarrassing for me.”
After such comments, there was a storm of criticism in the social media.
At least 22 cases have been filed so far in different parts of the country against Barrister Mainul Hosein on the charge of using indecent language against journalist Masuda Bhatti on a live television talk show on October 16.
