Accused not released after bail
HC seeks explanation from jail officials
STAFF REPORTER
The High Court yesterday reprimanded the superintendents of the Dhaka Central Jail and the Kashimpur Central Jail (Part 1) for keeping three accused in detention for nine days even after receiving bail order and sought their written statements by three days over the matter. The HC bench also directed advocate-on-record Sufia Khatun to submit her written statement explaining on what authority she had issued a lawyers certificate to the Dhaka Central Jail stating that she was instructed by the attorney generals office to file an appeal with the Supreme Court for staying the HC order that granted bail to the three accused in a money laundering case. The court also asked Sufia Khatun to explain on what authority she had instructed the superintendent of Kashimpur Central Jail Part-1 not to release the three accused, Giasuddin, Md Aminur Rahman and Osman Gani after they had been granted bail on May 8 and the prison authorities received the bail order on May 16.
The HC bench comprising Justice Farid Ahmed and Justice KM Kamrul Kader came up with the order while advocate Md Ruhul Amin Bhuiyan, Advocate Adilur Rahman Khan and Advocate Yousuf Ali brought the issue before the court saying that their clients were refused to be released by the jail authorities although the High Court had granted them bail. As Sufia Khatun told the judges of the High Court Division that on June 7 the Appellate Division stayed their order granting bail to the three accused, the HC reprimanded her and the Kashimpur Central Jail part 1 superintendent saying they could be punished for falsely imprisoning three people from May 16 to June 7. The court questioned Sufia Khatun saying whether she had opened an authority between the High Court Division and the Appellate Division as she was issuing lawyer certificates to the Dhaka Central Jail barring it to release detainees after getting High Court bail, until she files an appeal to the Appellate Division. The HC bench said that it received many such complaints of detaining accused after getting bail, on the basis of the advocate-on-records certificate issued by Sufia Khatun.
The court also asked Sufia Khatun, Dhaka Central Jails senior superintendent Md Jahangir Kabir, and Kashimpur Central Jail part 1 superintendent Subrata Kumar Bala to reappear before it on Monday. The court passed the order after they explained their positions verbally about the matter to comply its previous order issued on May 5. Dhaka Central Jails senior superintendent told the court that on his receipt on May 16 he forwarded the High Court bail order to Kashimpur Central Jail part 1 where the three accused were detained. Kashimpur Central Jail part 1s superintendent said that on May 18 the advocate-on-record asked him to keep detained the accused when he phoned her on receipt of the bail order on May 17 afternoon. Sufia Khatun said that on June 7 the Appellate Division stayed the High Court order granting bail to the three accused. She had authority to issue the lawyer certificate to the jail authorities after being instructed from the attorney general office. She, however, denied giving any instruction Kashimpur Central Jails part 1 superintendent to detain the three accused.
