HC issues contempt rule against metropolitan sessions judge
Wednesday, 22 April 2009
The High Court (HC) has issued a contempt rule suo moto against Judge ANM Bashir Ullah of Dhaka metropolitan sessions court accusing him of flouting its order and undermining the wisdom of the highest court in dispensation of justice, reports UNB.
The HC issued the rule against the sessions judge over bail in a 420 and criminal breach of trust case, which is under investigation stage, according to a certified copy of the order available Tuesday.
Issuing the contempt rule, the HC asked Judge Bashir Ullah to explain why he should not be proceeded with and punished suitably for committing contempt of court for his conduct and utterance/remarks on the highest court.
Before issuing the rule suo moto, the HC bench comprising Justice MA Wahhab Mian and Justice M Marzi-ul-Huq on April 15 overruled sessions court order and granted anticipatory bail to accused Afzal Hossain, a resident of Old DOHS, Dhaka Cantonment.
The suo moto contempt-of-court rule stemmed from an order of sessions Judge Bashir Ullah, who flouting the High Court orders, had sent accused Afzal to jail rejecting his prayer for bail on surrender on April 8.
On February 23 this year, the High Court, following an anticipatory bail petition, asked petitioner-accused Afzal to surrender before the metropolitan sessions court within eight weeks with an observation.
The HC observation said: "It appears that the allegations made in the FIR are purely civil in nature and if the petitioner surrenders before the court below with a prayer for bail it will definitely look into this aspect of the case in considering his prayer for bail."
The HC further observed, "If the accused surrenders before the court below as directed by this court it shall consider his prayer for bail keeping in view the observations made by this court."
But sessions Judge Bashir Ullah, while denying compliance with the HC observations in disposing of the bail petition made blanket remarks on the wisdom of the HC in dispensation of justice saying "such order is handy if anyone goes to the HC."
The High Court set April 30 for hearing on its suo moto contempt rule against sessions judge Bashir Ullah.
The HC issued the rule against the sessions judge over bail in a 420 and criminal breach of trust case, which is under investigation stage, according to a certified copy of the order available Tuesday.
Issuing the contempt rule, the HC asked Judge Bashir Ullah to explain why he should not be proceeded with and punished suitably for committing contempt of court for his conduct and utterance/remarks on the highest court.
Before issuing the rule suo moto, the HC bench comprising Justice MA Wahhab Mian and Justice M Marzi-ul-Huq on April 15 overruled sessions court order and granted anticipatory bail to accused Afzal Hossain, a resident of Old DOHS, Dhaka Cantonment.
The suo moto contempt-of-court rule stemmed from an order of sessions Judge Bashir Ullah, who flouting the High Court orders, had sent accused Afzal to jail rejecting his prayer for bail on surrender on April 8.
On February 23 this year, the High Court, following an anticipatory bail petition, asked petitioner-accused Afzal to surrender before the metropolitan sessions court within eight weeks with an observation.
The HC observation said: "It appears that the allegations made in the FIR are purely civil in nature and if the petitioner surrenders before the court below with a prayer for bail it will definitely look into this aspect of the case in considering his prayer for bail."
The HC further observed, "If the accused surrenders before the court below as directed by this court it shall consider his prayer for bail keeping in view the observations made by this court."
But sessions Judge Bashir Ullah, while denying compliance with the HC observations in disposing of the bail petition made blanket remarks on the wisdom of the HC in dispensation of justice saying "such order is handy if anyone goes to the HC."
The High Court set April 30 for hearing on its suo moto contempt rule against sessions judge Bashir Ullah.