Judge Bashir admits his mischief
Friday, 1 May 2009
Dhaka Metropolitan Sessions Judge ANM Bashir Ullah, facing a contempt-of-court charge, Thursday admitted his mischief and prayed to the High Court (HC) for exonerating him from the charge as his conduct was "unintentional", reports UNB.
After receiving the prayer for accepting the unconditional apology through the contemner-judge's lawyer, a division bench comprising Justice MA Wahab Mian and Justice M Marzi-ul-Huq set May 7 for order on the matter.
On April 21, the High Court issued a suo-moto contempt rule against Judge Bashir Ullah accusing him of flouting its order and undermining the wisdom of the highest court in dispensation of justice.
The discretionary issuance of the contempt of court rule stemmed from an order of Judge Bashir Ullah, who had sent Afzal Hossain, an accused in a 420 and criminal breach of trust case, to jail by rejecting bail prayer on his surrender on April 8 in compliance with the High Court order.
On February 23 this year, the High Court, following an anticipatory bail petition, asked petitioner-accused Afzal to surrender before the Metropolitan Sessions Court with an observation that the lower court "shall consider the bail prayer as the case is purely civil in nature".
But Judge Bashir Ullah, refusing compliance with the High Court observations in disposing of the bail petition, had made blanket remarks on the wisdom of the High Court in dispensation of justice.
"Such order is handy if anyone goes to the High Court," the lower-court judge said, incidentally reflecting a common notion in the wake of case boom and resultant large numbers of bail in the recent past, particularly following the anti-crime drives during the emergency rule.
After receiving the prayer for accepting the unconditional apology through the contemner-judge's lawyer, a division bench comprising Justice MA Wahab Mian and Justice M Marzi-ul-Huq set May 7 for order on the matter.
On April 21, the High Court issued a suo-moto contempt rule against Judge Bashir Ullah accusing him of flouting its order and undermining the wisdom of the highest court in dispensation of justice.
The discretionary issuance of the contempt of court rule stemmed from an order of Judge Bashir Ullah, who had sent Afzal Hossain, an accused in a 420 and criminal breach of trust case, to jail by rejecting bail prayer on his surrender on April 8 in compliance with the High Court order.
On February 23 this year, the High Court, following an anticipatory bail petition, asked petitioner-accused Afzal to surrender before the Metropolitan Sessions Court with an observation that the lower court "shall consider the bail prayer as the case is purely civil in nature".
But Judge Bashir Ullah, refusing compliance with the High Court observations in disposing of the bail petition, had made blanket remarks on the wisdom of the High Court in dispensation of justice.
"Such order is handy if anyone goes to the High Court," the lower-court judge said, incidentally reflecting a common notion in the wake of case boom and resultant large numbers of bail in the recent past, particularly following the anti-crime drives during the emergency rule.