Staff Reporter :
Judge of the Special Judge’s Court-5 in Dhaka has apologised to the High Court for granting bail to suspended Deputy Inspector General (DIG) Prisons Partha Gopal Banik in an “unusual manner” in a case filed over the recovery of Tk 80 lakh from his residence in Dhaka.
Judge Md Iqbal Hossain of the Dhaka Special Judge’s Court-5 offered the apology by submitting a two-page written explanation to the HC recently, in response to an earlier HC directive.
The special judge also prayed to the HC bench of Justice M Enayetur Rahim and Justice Md Mostafizur Rahman to pardon him for his mistake and to exempt him from any further proceedings.
The HC Bench on June 28 this year sought an explanation from the lower court judge for granting bail to suspended Deputy Inspector General for prisons for Chittagong range Partha Gopal Banik in the case.
Following an appeal petition filed by the Anti-Corruption Commission (ACC) against the bail order the HC also asked the judge to explain the matter within seven days.
Lawyer Khurshid Alam Khan who appeared in the court on behalf of the ACC said that Judge Iqbal Hossain of the Special Judge Court-5 of Dhaka on June 17 granted bail to Partha Gopal in an “unusual manner” although there are specific allegations against him.
The judge granted him bail till July 15 upon a bond of Tk 50,000 with two guarantors, one of whom must be a local guardian and the other a practicing lawyer.
In the explanation submitted by the judge said an HC bench on November 2 last year ordered him (Judge Iqbal Hossain) to finish the trial proceedings of the case against Partha within six months from the date of receiving the copy of the HC order.
On June 17 this year, Partha’s lawyer submitted the copy of the HC order to Judge Iqbal’s court mentioning that the deadline of the HC directive had already expired, Iqbal mentioned in his explanation.
However, while examining the documents, Iqbal found that another HC bench on January 25 this year, ordered his court to complete the trial proceedings of the same case within one year from the date of receiving the copy of the order which his court received on March 10.
“The HC order is still now in force,” Judge Iqbal Hossain said in his explanation, adding that his court is always sincere in complying with HC directives.
The bench led by Justice M Enayetur Rahim is yet to fix any date for delivering the order on the matter, Anti-Corruption Commission lawyer Khurshid Alam Khan said.
On July 28, 2019, the ACC detained Partha after recovering Tk 80 lakh from his residence in Dhaka. The official allegedly obtained the money through corruption.
Assistant director of ACC Md Salahuddin filed a case under money laundering act against Partha Gopal Banik the following day.
Khurshid Alam Khan said the court had ordered to begin trial against him on 4 November last year by framing charges. Testimony in the case began on 15 December. Charge-sheet was submitted on 24 August.