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Narail judge made serious mistake

HC on exemption of main murder accused

Staff Correspondent
The High Court has observed that Narail's Sessions Judge Sheikh Abdul Ahad had made a serious mistake when he exempted the principal accused in a murder case, which is deemed illegal and miscarriage of justice.
"It is our well thought out and doubtless opinion that the sessions judge has committed a fatal mistake by exonerating the accused at the charge framing stage on consideration of his papers and statement and professional position, which is illegal and a miscarriage of justice,” said the HC bench of Justice M Enayetur Rahim and Justice 2 I gihegallu^tar City NEWS DHAKA TUESDAY OCTOBER 1, 2019, ^SHI/W/V 76z 1426 BS
Md Mostafizr Rahman.
The principal accused in the case is Mallick Majharul Islam alias Maza, an NS1 official
The HC bench had delivered the verdict on August 29 this year following a petition filed by one Nazmul Huda seeking necessary directives against judge Sheikh Abdul Ahad. The court released the observation in a full text of the verdict yesterday.
On February 10, 2015, Nazmu Huda's brother Enamul Haque was shot dead in Barnail Bazar area under Kalia Police Station of Narail. Nazmul filed a murder case with the police station accusing 68 people, including Mallick.
In the case statement, Nazmul said Mallick shot his brother thrice and killed him.
On June 10 this year, District and Sessions Judge of Narail Sheikh Abdul Ahad framed the charges in the case. Mallick's name was dropped from the charge sheet.
Later, Nazmul filed the petition with the HC challenging the indictment order given by Ahad. He prayed to
the HC to order the sessions judge to include Mallick's name in the case.
The HC on July 7 ordered Ahad to explain why his judicial power should not be curtailed.
Three days later, the judge sent a letter to the HC offering an unconditional apology in this regard.
In the full text of the verdict, the HC bench also observed that Ahad needs to be barred from discharging judicial duties in criminal cases for one year.
The issue of exonerating the accused from the case by judge Sheikh Abdul Ahad is not only astonishing but also created reasonable suspicion about his competence in dealing with criminal cases and about his knowledge and conception about criminal laws, the full text of the verdict read.
The HC asked the law secretary and the Supreme Court's registrar general to place the issue before the Supreme Court.
The judges said, in the full text of verdict, that it seemed from the letter sent by Ahad that he did not apologise from repentance nor did it seem like he made the mistake unwillingly.