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Bench to settle bail dilemma for fugitives

Ashutosh Sarkar
Chief Justice MM Ruhul Amin has constituted a one member High Court (HO bench to settle the question whether a person sentenced in absentia can seek bail from the HC without surrendering to the trial court.
His decision, which came on March 17, follows the HC's split verdict on the issue last month.
Responding to bail prayers by 12 convicted people, the presiding judge of an HC bench, Syed AB Mahmudul Huq, directed the petitioners to surrender to the trial courts within eight weeks and then seek bail from the HC.
During the time, he said, the petitioners cannot be arrested or harassed.
But the other judge, Moyeenul Islam Chowdhury, ordered the 12 to surrender to the trial courts immediately to serve the sentences already handed down on them.
Former minister and Jatiya Party leader Anwar Hossain Manju and former BNP law-
maker Nadim Mostafa were among the petitioners.
The bench on March 17 sent the petitions of Manju and Mostafa to the chief justice for a decision.
The bench formed by the CJ will soon fix a date for hearing the petitions.
Additional Attorney General M Enayetur Rahim yesterday told The Daily Star that the third bench will give the final decision whether those sentenced in absentia can seek bail from the HC without surrendering to the trial courts.
Criminal law expen Khan Saifur Rahman said the CJ-formed bench would agree on any of the decisions given by the two HC judges earlier.
While at least 15 people sentenced in absentia have got split orders from the HC, 15 others have either obtained bail or court directions for the law enforcers not to harass or arrest them in connection with the cases against them.
Those granted bail or shielded from arrest
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and harassment include former BNP minister Amir Khasru Mahmud Chowdhury, former BNP minister Shahjahan Siraj and his wife Rabeya Siraj, Awami League (AL) leader Sheikh Helal Uddin and his wife Rupa Chowdhury, Awami Swechchasebak League's General Secretary Pankaj Debnath's wife Monika Debnath, AL leader Mohammad Nasim's wife Laila Arjumand Banu, former BNP state minister Shahjahan Omar, former AL lawmaker Dr HBM Iqbal, former BNP minister Mirza Abbas’s wife Afroza Abbas, businessman SM Anwar Hossain and Nio J Mendis, former AL lawmaker Joynal Abedin Hazari and Orion Group Chairman Obaidul Karim.
The Appellate Division, however, has stayed a few of those HC orders following the A n t i - Co rru p t io n Commission’s petitions against the orders.
Besides Manju and Nadim Mostafa, former AL lawmakers Mofazzal Hossain Chowdhury Maya, Abul Hasnat Abdullah, Mokbul Hossain, Haji Selim and Mostafa Rashidi Suja are among those who have been denied bail.
AHM Shamsuddin Chowdhury Manik, a counsel for some of the bail getters, recently told The Daily Star that the trial courts concerned had no legal jurisdiction to try the cases against his clients as filing of the cases was not lawfully approved by the ACC.
He contended that trial and verdicts of the courts are not valid in theeyeof thelaw.
On these grounds, he claimed, the HC has granted his clients bail or asked the law enforcers not to harass or arrest them.
Manik added that in the event of inconsistency in HC orders in similar cases, the apex court would look into the matter and give the final decision.
Requesting anonymity, an ACC lawyer said a fugitive has no right to approach the High Court directly for any privilege before surrender-ing to the trial court.
Citing an Appellate Division ruling of 2009, he said a person tried and sentenced in absentia must surrender first to the process of justice or else he will be consisted fugitive from justu ' ind will not be able to seel assistance from the proi of justice in order to claim rights of audience”.