Seeking anticipatory bail from abroad illegal, unethical: HC | The Daily Star
02:08 PM, August 11, 2020 / LAST MODIFIED: 02:17 PM, August 11, 2020

Seeking anticipatory bail from abroad illegal, unethical: HC

The High Court has observed that the anticipatory bail petition filed by Sikder Group Managing Director Ron Haque Sikder and his brother Dipu Haque Sikder with this court from abroad is the first strange anticipatory bail application in the world.

"Such an unprecedented anticipatory bail application is the first in the history of the world. Of course, all the courts across the world have watched this anticipatory bail application with curiosity and have become astonished and stunned to see the extreme of our law," it said.

The HC bench of Justice Md Ashraful Kamal made the observation in the full text of its order that on July 20 fined Ron and Dipu for seeking anticipatory bail from abroad in a case filed over abducting, torturing and opening fire at two top Exim Bank officials over a loan permission.

Rejecting their bail petition, the HC virtual bench ordered the siblings, currently in Thailand, to give 5,000 personal protective equipment (PPE) each as fine to the Prime Minister's Relief and Welfare Fund in two weeks in order to contain the Covid-19 pandemic.

The HC released the full text of the order on August 8 after the judge signed it.

In the full text of order, Justice Md Ashraful Kamal observed that there is no opportunity for filing anticipatory bail petition from abroad as per the law and rules, and such kind of illegal and unethical application need to be given up.

"Besides, nobody has scope for placing submissions and arguments as an advocate before the court staying outside the boundary of the country in accordance with law, rules and the practice directions (issued by the chief justice).

Conducing case (before the court) as an advocate remaining outside the boundary of Bangladesh is illegal and beyond the morality," the HC bench also observed.

Barrister Ajmalul Hossain QC has placed submissions and arguments before the HC bench staying abroad using information technology on behalf of Ron and Dipu during the virtual hearing on their anticipatory bail petition on July 20.

The two brothers had jointly filed the petition on July 2 through Advocate Saifullah seeking anticipatory bail in the case.

Exim Bank Director Lt Col (retired) Sirajul Islam had lodged the case with the capital's Gulshan Police Station on May 19 against Ron and Dipu for allegedly torturing two top officials of the bank and opening fire at them over a Tk 500 crore loan.

The accused reportedly left the country by air on May 25.

Later on, Ron and Dipu has jointly filed a petition with the Appellate Division of the Supreme Court seeking permission to challenge the HC order on them. Their permission seeking petition is pending with the apex court.

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