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Contempt rule on judge, PP, accused

Granting of bail over sedition charges pending with HC

Staff Correspondent
The High Court (HC) yesterday served a suo moto contempt rule on a Dhaka court judge, the public prosecutor (PP) and the sacked managing director (MD) of Inqilab TV for granting the MD bail in a sedition case in the lower court while the matter was pending with the High Court.
Judge Mohammad Shamsul Alam Khan of the Court of First Additional Metropolitan Sessions Judge, Dhaka, PP Abdullah Mahmud Hassan and Shoaib
Chowdhury are to respond to the rule that ordered them to explain why contempt proceedings should not be drawn against them.
The High Court Division Bench of Justice Khademul Islam Chowdhury and Justice Emdadul Haq Azad also directed them to appear before the court on May 24 to explain their position on the matter.
The metropolitan sessions judge's court granted bail to the terminated Inqilab TV MD, Salauddin Shoaib Chowdhury, on April 30 in a sedition case upon a bond of Tk 1 lakh with four guarantors. The PP did not oppose the bail petition despite being the prosecution lawyer since the case was filed on January 24 last year.
During hearing on the bail petition, PP Hassan had told the court that he would have no objection to the bail move since the court grants the accused bail with proper guarantors.
On April 2, the same court rejected the bail petition of the accused on the ground that the charges brought against him had been primarily proved. The prosecution had also opposed the bail petition, saying Shoaib through his activities had offended the religious sentiments of Muslims.
On March 28, the HC bench in a rule ordered the government to show reasons within 10 days as to why Shoaib would not be granted bail.
The law stipulates that no lower court pass any orders on a matter if any rule on the same matter is pending with the higher court.
Shoaib's getting bail in the lower court drew the attention of the HC bench that viewed the matter tantamount to contempt to court.
Police arrested Shoaib from Zia International Airport on November 29, 2003 for his alleged ties to
Mossad, Israel's counterintelligence agency. Mohammad Abdul Hanif, officer-in-charge (OC) of Airport Police Station, filed a sedition case against Shoaib with the Court of Chief Metropolitan Magistrate, Dhaka on January 24 last year.
Shoaib was scheduled to present a paper at a Tel Aviv seminar, and faxes and e-mails seized from his possession proved that he had passed sensitive information out, stated the complaint.
A project profile seeking a fund of Tk 12 crore from the Jews in Israel was also found on him. The fund was sought to publish three dailies, namely the Dainik Sonali Din, Dainik Rupantar and Dainik Paribartan, the complaint added.