Obtaining Bail by Concealing Information Goes Against the Very Foundation of Justice: High Court

The High Court has made an important observation over an incident in which bail was obtained by concealing information and filing three applications against the same order of a lower court in the Saiful murder case of Mugda Police Station in the capital.

In its observation, the court said that filing multiple applications before different benches of this court challenging the same bail-rejection order on behalf of the same accused-applicants is deeply concerning and contrary to the very foundation of justice.

A High Court bench of Justice K M Zahid Sarwar and Justice Md. Zakir Hossain made the observation in a written order. A copy of the order reached Dhaka Post on Saturday (7 November).

The order said: “We express our considered opinion on this matter that filing multiple applications before different benches of this court challenging the same bail-rejection order on behalf of the same accused-applicants, especially when a bail order has already been obtained from another division bench, raises serious questions about the propriety, good faith and transparency of the conduct of the parties concerned. If the pendency of the other applications was deliberately concealed, it is deeply concerning and contrary to the very foundation of justice.”

The court said it is essential for every justice-seeker who approaches this court to apply with the utmost honesty and transparency and to disclose all material facts connected with the relief sought. In particular, filing multiple applications in parallel before different benches of this court while concealing the existence of applications filed on the same matter before another bench cannot be acceptable in any way.

Such conduct may create an opportunity to obtain a judicial order by concealing important information from the court. The court therefore noted that the conduct of the accused-applicants concerned, the deponents of the separate applications filed on their behalf, and their lawyers demands proper judicial scrutiny.

“For this reason, we are inclined to take the matter up suo motu and issue a rule to inquire into the circumstances under which the said multiple applications were filed and the bail order was obtained. A rule is issued asking why appropriate action should not be taken against them for filing multiple applications before different benches of this court challenging the same bail-rejection order and for obtaining a bail order by concealing the material fact that other applications were pending.”

The accused — Millat alias Millat Hossain, Lipi alias Lipi Akter, Sharif alias Md. Sharif, Tonic alias Anwar Hossain Tonic, and Johnny alias Arifur Rahman Johnny — have been asked to submit their replies to the rule in court within 10 days. The deponents of the bail applications, Mohammad Selim Reza, Md. Mosharraf Hossain and Ripon Ahmed, and the lawyers for the accused, Anna Khatun, Mohammad Rahim Uddin and S. M. Abdul Baten Shakil, have also been asked to reply to the rule.

In the order, the court said that until the hearing of the rule, the Chief Metropolitan Magistrate (CMM) concerned under the Dhaka Metropolitan Sessions Judge Court has been directed not to accept any new application on the matter of bail in the said case. At the same time, the three lawyers have been directed to submit their respective explanations or replies within 15 (fifteen) days. Until further orders, they have been restrained from practising as lawyers in this court for 15 (fifteen) days.

The court further said that the bail order given on 1 November by a division bench of the High Court has not yet been sent to the Chief Metropolitan Magistrate concerned of the Dhaka Metropolitan Sessions Judge Court. For that reason, until further instructions, the criminal section office of this court has been directed to refrain from sending the said bail order to the Chief Metropolitan Magistrate concerned of the Dhaka Metropolitan Sessions Judge Court.

Earlier, on Wednesday, the High Court issued show-cause notices to 11 people over the attempt to obtain bail by filing three applications against the same order of a lower court while concealing information in the Saiful murder case of Mugda Police Station in the capital. They were asked to reply to the show-cause notices within 15 days. Among these 11 people are three lawyers, five accused and three case handlers.