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Conviction in Absentia by Lower Court

HC delivers split verdict on bail bid

Staff Correspondent
A division bench of the High Court yesterday delivered split orders on whether people sentenced to imprisonment in absentia can directly come to the HC for bail without surrendering to the trial courts.
Presiding Judge of the bench Justice Syed AB
Mahmudul Huq directed 12 convicts including some politicians, who filed bail petitions with the HC, to surrender before (he trial courts within eight weeks and asked the government not to harass or arrest (hem during (he correspondingtime.
However, Justice Moyeenul Islam Chowdhury of the bench directed the petitioners to immediately surrender before the trial courts to suffer the sentences handed down by the trial courts earlier. The judge also delivered verdict by disposingofthe bail petitions.
Additional Attorney General (AAG) M Enayetur Rahim at his office told newspersons that following the split orders, the HC bench will now send the petitions to the chief justice for constituting a special bench to dispose of the matters.
Justice Moyeenul yesterday left the courtroom following some "angry" submissions made by barrister Rafique-ul Huq, a counsel of some petitioners, since the judge was not quoting in the verdict the submissions earlier made by him (Rafique-ul Huq) on the bail petitions.
Senior judge Justice Mahmudul also left the court -
room before exhausting the court hours.
Advocates AKM Zahirul Huq, Joynal Abedin and Sajjad Haider who were present at the courtroom told The Daily Star Rafique-ul Huq made angry submissions pointing to Justice Moyeenul as the judge was passing verdict disagreeing with the orders earlier passed by Justice Syed AB Mahmudul Huq.
They said Rafique-ul Huq told the judge that he came from the district judgeship and he does not know the laws and rules.
They added at one stage of delivering the verdict, the judge asked for a book on the laws concerned when Rafique-ul Huq raised a question whether he [Moyeenul] is a judge as he does not have the books.
The judge then uttered "I just leave”, they said.
Barrister Moudud Ahmed, another counsel for a peti-
tioner, said as a lawyer Rafique-ul Huq has every right to request the judge to quote his submissions in the judgement of the cases.
The HC was due to deliver orders yesterday on 22 bail petitions filed by 15 people including former Awami League lawmakers Mofazzal Hossain Chowdhury Maya, Abul Hasnat Abdullah, Mokbul Hossain, Haji Selim, Mostafa Rashidi Suja, Jatiya Party (Manju) Chairman Anwar Hossain Manju, and former BNP lawmaker Nadim Mostafa who were convicted in absentia.
The HC earlier yesterday rejected six petitions filed by Abul Hasnat Abdullah, Mostafa Rashid Suja and his wife Khodeja Rashid on grounds that their petitions were not submitted to the court.
All the petitioners surrendered before the court and prayed for bail in different criminal cases in January.