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Published : 08 Jan 2023, 09:41 AM
The Appellate Division of the Supreme Court has upheld the bail for BNP Secretary General Mirza Fakhrul Islam Alamgir and Standing Committee member Mirza Abbas, clearing their path to freedom from jail.
In a decision on Sunday, the top court ordered the disposal of a previous rule in 30 days by the High Court that asked why they would not receive permanent bail.
A four-member Appellate Division bench led by Chief Justice Hasan Foez Siddique made the decision on Sunday. Attorney General AM Amin Uddin represented the state at the hearing, while Advocate Zainul Abedin, accompanied by a team of other lawyers, stood for Mirza Fakhrul and Mirza Abbas.
The High Court panel of Justice Md Salim and Justice Riaz Uddin Khan granted the two BNP leaders interim bail for six months last week after their bail petitions were rejected four times by the trial court. It also issued a rule asking why the two BNP leaders should not be granted regular bail and asked those concerned for a response within four weeks.
But the leaders were not freed from jail immediately as Supreme Court Chamber Justice Jahangir Hossain decided that the bail petitions must be heard by the full appellate bench on Sunday, responding to an appeal from the state.
The matter came before the Appellate Bench on Sunday accordingly.
"The Appellate Division listened to our arguments, as well as those from the state," said Zainul Abedin after the hearing. "After hearing from both sides, they vacated the decision by the chamber court."
"They gave another order instructing (the High Court's) rule to be settled within a month. As such, the bail granted by the High Court Division has been upheld."
The advocate added, "Following this decision from the Appellate Division, we will furnish bail bonds... We believe that once the bail bonds are posted, they will be released."
On Dec 7, BNP activists clashed with police in front of their party headquarters in Dhaka’s Naya Paltan, according to the case dossier. One man was killed and many others were injured in the violence.
Police then conducted a raid on the BNP offices and arrested several leaders and activists, including Senior Joint Secretary General Ruhul Kabir Rizvi, Dhaka Metropolitan North Convener Aman Ullah Aman, and the party chief's special aide Shamsur Rahman Shimul Biswas.
Law enforcers reportedly recovered a cache of improvised explosives at the office and later filed a case over the incident.
Around 450 BNP leaders and activists were detained, among whom, Aman Ullah Aman and Abdur Quader Jewel secured bail. Rizvi, Annie and 432 other BNP loyalists were immediately sent to jail, while 14 other suspects ended up behind bars after two days of interrogation in police custody.
Later, Mirza Fakhrul and Abbas were detained by police on Dec 9. They were subsequently placed under arrest by police detectives.
