Staff Reporter :
A Dhaka court will hold the hearing today (Tuesday) on the bail petition submitted by film actress Shamsunnahar Srmiti alias Pori Moni in the narcotics case filed against her. Judge KM Emrul Kayesh of the Metropolitan Sessions Judge’s Court on Sunday last fixed the fresh date after receiving an order of the High Court Division.
On August 22, Pori Moni filed a bail petition with the Dhaka Metropolitan Sessions Judge’s Court challenging the lower court’s bail rejection in the case filed under the Narcotics Control Act. Upon hearing judge KM Emrul Kayesh fixed September 13 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 HC on August 26 this year issued a ruling over holding an expeditious hearing on the bail petition, said Pori Moni’s lawyer Mojibur Rahman.
In the ruling the court asked the respondents to explain as to why the Dhaka Metropolitan Sessions Judge’s Court should not be directed to hold an expeditious hearing on the bail petition filed by Dhallywood actress Pori Moni in the drug case.
In the ruling, the HC 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 within 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 have been asked to comply with the ruling by September 1 and the HC Bench also fixed the same date for holding hearing on the ruling.
The HC Bench of Justice Mustafa Zaman Islam and Justice KM Zahid Sarwar passed the order after holding hearing on the revision petition.
In one stage of the hearing presiding judge Mustafa Zaman Islam said, “The trial court has passed order on the bail petition beyond the custom. It will pass order after 21 days, which is in one sense dismissal of the bail application.”
The HC has asked Deputy Attorney General Abu Yahiya Dulal and Assistant Attorney General Mizanur Rahman to reach the order to the respondents within 24 hours through a special messenger.
After receiving the High Court ruling, judge KM Emrul Kayesh on Sunday last fixed Tuesday as the fresh date for holding hearing on Pori Moni’s bail petition.
On August 4 this year, members of the Rapid Action Battalion (RAB) detained Pori Moni from her Banani house. RAB also seized a huge quantity of narcotics from there. Later RAB filed a case against her under the Narcotics Control Act.
She was placed on remand for seven days by three consecutive court orders which created a controversy across the country. Meanwhile, Ain O Salish Kendra (ASK), a leading rights organization, in a petition submitted on Sunday in the HC described this remand system as totally barbaric, inhuman, cruel and in violation of human rights.
The organisation in its petition also said, “A seven-day-long remand for three consecutive phases is something very serious in nature. The courts are seen to allow such long and consecutive phases of remand only in exceptionally grave cases involving national security or public importance- which is absolutely not the case regarding Pori Moni. Rather, it manifestly seems to be a flagrant abuse of power to victimize an accused falling under the hands of powerful state authorities.”
