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Published : 20 Jul 2023, 04:45 PM
A High Court judge has described an instance of overwriting a bail order by Cox’s Bazar District and Sessions Judge Mohammad Ismail as a “crime”.
The High Court bench of Justice Md Habibul Gani and Justice Ahmed Sohel heard the issue on Thursday and made the comment.
Ismail was present at the court for the second day and appealed for an unconditional pardon. The High Court will issue an order on his appeal on Jul 27 after hearing it.
Ismail was summoned by the High Court for granting bail ‘illegally’ to nine suspects in a single day who were denied bail hours earlier by the Cox’s Bazar Chief Metropolitan Magistrate’s Court.
On Wednesday, Ismail appeared at the High Court and appealed for an unconditional pardon. The court heard him and scheduled Thursday for another hearing.
Lawyer Sayeed Ahmed Raja and Abdun Nur Dulal, general secretary of the Supreme Court Bar Association, represented Ismail in the court. ABM Altaf Hossain and SM Amjadul Haque were the state counsels.
“Mohammad Ismail sought an unconditional pardon. But it had some discrepancies and the court will issue the order on it on Jul 27 after correction,” Sayeed Ahmed told reporters.
Judge Mohammad Ismail overwrote the order he issued which the High Court described as a “crime”, said lawyer Altaf Hossain.
“Part of the order said the suspects were granted bail considering they were jailed for a long time but later the ‘long-term jail’ part was omitted.”
“I don’t see any repentance in him,” the senior judge of the High Court bench said. That prompted Ismail to say he made a mistake.
“It wasn’t a mistake but a crime. You tampered with it,” the judge said in reply.
On Feb 28, Mithachhori Union Parishad Chairman Khodesta Begum Rina filed a case with the Cox’s Bazar Senior Magistrate’s Court against nine people, including former UP chairman Mohammad Yunus Bhutto complaining they hampered the law and order and threatened to harm others over a land feud.
The suspects sought anticipatory bail from the High Court on Apr 11. The court granted them six weeks’ bail and ordered them to surrender to the Cox’s Bazar Chief Judicial Magistrate’s Court.
They turned themselves in on May 21 and appealed for bail. The court turned down the appeal and ordered the authorities to send them to jail.
But the suspects appealed for bail to the Cox’s Bazar District and Sessions Court on the same day and were granted bail.
UP Chairman Rina appealed to the High Court against that order and the court summoned the district and sessions judge.
