Staff Reporter :
The High Court on Thursday asked Dhaka Metropolitan Magistrates Mamunur Rashid and Atiqul Islam to submit an explanation in the court on what basis they approved the second and third phases of remand against actress Shamsunnahar Smriti, popularly known by her screen name Pori Moni, within 10 days.
If their explanation is unsatisfactory, the High Court has warned that it may summon the magistrates as well.
The High Court also summoned the investigating officer in the narcotics case filed against Pori Moni. Investigation officer Kazi Golam Mostafa, also an Inspector of the Criminal Investigation Department, has been directed to appear in person on September 15 with the case docket.
The officer has also been instructed to explain his position as to why he submitted second phase remand petition for the actress.
The High Court Bench of Justice Mustafa Zaman Islam and Justice KM Zahid Sarwar passed the orders on a Suo Moto (voluntary) move following a petition moved by rights organisation Ain O Salish Kendra (ASK).
Advocate ZI Khan Panna, Advocate Md Mojibur Rahman and Advocate Syeda Nasrin appeared in the hearing on behalf of the petitioner, while Deputy Attorney General Mizanur Rahman represented the state.
During hearing, ASK’s lawyer ZI Khan Panna told the HC that Pori Moni was taken on police remand in three phases in violation of Supreme Court directives and guidelines.
The accused person’s health must be examined by a registered doctor before and after interrogation and his or her lawyer and relatives must be allowed to be present during the interrogation, but the lower court concerned and police have not followed the apex court’s directives while placing Pori Moni on remand, ZI Khan Panna added. The same High Court Bench on September 1 termed the decisions of sending an accused on repeated remand as not the functions of any civilized society.
It also observed that the actress Pori Moni was remanded three times in a drug case by ‘abusing power’.
While holding hearing on the petition the court said, “The investigation officer prayed for remand without the proper element, and you (the magistrate) granted it. This cannot be sign of 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 phase against Pori Moni.
Following a revision petition the High Court on August 26 issued a ruling over holding an expeditious hearing on the bail petition filed by Pori Moni, said her lawyer Md Mojibur Rahamn. In the ruling the High Court questioned the magistrates’ decisions for placing the actress on repeated remand and setting a delayed date for her bail hearing. Accordingly the petition came into the cause-list of the HC Bench on Thursday.
In the meantime the judge of the Dhaka Metropolitan Sessions Judge’s Court granted bail to Pori Moni till the submission of the police investigation report. Following the bail order, Pori Moni on Wednesday morning was released 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.
