High Court Speedy trial court that deals with an arson case Against 46 Opposition Leaders,Bangladesh

BANGLADESH NEWS

The High Court on Monday stayed operations of a speedy trial court that deals with an arson case against 46 opposition leaders for eight weeks.

The trial proceedings of the case filed against the leaders including BNP acting secretary general Mirza Fakhrul Islam Alamgir has eventually come to a halt.

The HC came up with the order after hearing a writ petition filed challenging the legality of the Chief Metropolitan Magistrate (CMM) Court’s decision to give judicial powers to Metropolitan Magistrate Harun-or Rashid to hear and dispose of the case.

Police filed the case with Tejgaon Police Station against the accused opposition leaders hours after a vehicle was set ablaze near the Prime Minister's Office during hartal on April 29 this year.

During the day's proceedings, an HC bench also issued a rule upon the authorities concerned to explain in two weeks why the CMM Court's decision to give judicial powers to Harun-or Rashid to conduct Speedy Trial Court-5 of Dhaka for hearing and disposing of the case should not be declared illegal.

Secretaries to the ministries of law, cabinet and public administration, inspector general of police, CMM of Dhaka and Harun-or Rashid have been made respondents to the rule.

Attorney General Mahbubey Alam told that Speedy Trial Court-5, which has framed charges against the accused in the arson case on July 31, cannot proceed with the case for next eight weeks following the HC order.

Recording statements from the witnesses in this case will not take place at this speedy trial court on August 7, he said.

Barrister Rafique-ul Huq, chief counsel for the writ petitioner, said that all proceedings of the arson case filed against the opposition leaders will remain stayed for eight weeks following the HC order.

BNP lawmaker Mahbub Uddin Khokon, also an accused of the case, on Monday submitted a supplementary writ petition to the HC, stating that as per provisions of Speedy Trial Act 2002 only the government is the authority to form speedy trial courts and to determine the judicial jurisdictions of judges of those courts for dealing with cases.

But, the Chief Magistrate Bikash Kumar Saha on July 31 in an order gave judicial powers to Metropolitan Magistrate Harun-or Rashid to conduct the Speedy Trial Court-5 for dealing with the case, violating the provisions of the law.

Earlier on May 9 this year, the CMM in another order assigned Metropolitan Magistrate Mohammad Erfan Ullah conduct to Speedy Trial Court-7 of Dhaka for dealing with the same case. This speedy trial court earlier was scheduled to hear the charge framing of the case on July 31.

Mahbub Uddin Khokon filed the original writ petition on July 29 challenging the legality of CMM’s May 9 order to give judicial powers to Magistrate Erfan Ullah to conduct the Speedy Trial Court-7 for dealing with the cases.

Since the court of Magistrate Harun-or Rashid on July 31 framed charges in the case, petitioner Mahbub Uddin Khokon on Monday submitted the supplementary along with the original writ petition challenging the legality of CMM’s July 31 order of giving judicial powers to Magistrate Harun-or Rashid to conduct the Speedy Trial Court-5 for dealing with the case.

Hearing the arguments, the HC bench of Justice Naima Haider and Justice Muhammad Khurshid Alam Sarkar passed the order of stay and issued the rule.

Earlier in the day, another HC bench of Justice Mirza Hussain Haider and Justice Kazi Md Ejarul Haque Akondo returned the petition to the petitioner’s counsels, after Justice Ejarul Haque felt embarrassed to hear the matter.

The bench did not mention any reason behind the judge’s feeling so.