Gulam Rabbani :
Incidents of getting bail and other orders from the High Court Division of the Supreme Court by submitting fake documents are increasing day by day. Some of the accused are going out of jail by manufacturing fake orders of bail even without applying for it in the High Court.
Though the Supreme Court administration had taken various legal measures earlier in this regard these fraudulent practices are not being stopped yet. The administration has filed criminal cases, issued show cause notices different times against the persons involved in these fraudulence incidents.
In the meantime, the digital system has been introduced in the judiciary. But still now many functions have to be done in the traditional way. That is why digitalization is failing to tackle the forgery of the court orders.
The Criminal Investigation Department (CID) of Police have recently found evidence that four people, including two lawyers of the subordinate courts, are involved with
making fake bail orders of the High Court. The two lawyers are— Tanjim Al Misbah of Bogura Judge Court and Raju Ahmed of Dhaka Judge Court. The remaining two persons are their assistants, Md Sohag and Md Masud Rana.
The CID submitted a report in the High Court bench of Justice Md Abu Zafor Siddique and Justice K M Hafizul Alam on June 9 this year after an investigation after complying with a High Court order issued earlier.
The accused had created anticipatory bail orders of the High Court based on fabricated documents, according to the CID report.
Deputy Attorney General Samira Tarannum Rabeya who appeared in the court on behalf of the state said that the office of the Supreme Court’s Registrar General has filed a case with the Shahbagh Police Station against the accused over the fraudulence incident.
In a separate case, three accused were freed for 17 years based on a fake bail orders. The three convicts got released from jail within a year after being sentenced to life term imprisonment on charge of smuggling 2.5 kg of heroin. The accused have used fake bail orders of the High Court in this regard.
They were released from Jashore Central Jail around 17 years ago after submitting those fake bail orders. After being released on bail, they were again involved in heroin trafficking. Then another case of heroin trafficking was filed. One of the accused, Golam Mostafa, who was earlier sentenced to life imprisonment, appeared in the Dhaka Special Judge’s Court in that new case.
In the Special Court he claimed that he is on bail from the High Court in another heroin case. But he was sent to jail as he failed to show the bail order. Then he moved to the High Court for his bail and upon hearing the High Court. After knowing everything there the High Court judges were also astonished.
They found that the three convicts, who were sentenced to life imprisonment, were released on fake bail orders created using the name of the High Court. Then the High Court on March 8 this year asked the CID to investigate the matter. The accused, Golam Mostafa, Abu Bakar and Jalal Uddin, are now in jail.
The Supreme Court administration has already filed about 60 cases in recent months over fraudulence incidents happened in the High Court. The criminal section filed maximum 39 cases, writ section filed 9 cases, criminal appeal section filed two cases and other sections filed 10 cases so far. These cases are now under investigation.
Senior Jurist Khandker Mahbub Hossain said the administration should be more vigilant in tackling the fraudulence incidents in the judiciary.
Besides, the lawyers have to be more cautious to prevent such fraudulences in the court premises. He also suggested for identifying the tout groups on the court premises and to bring them under the law.
