The anticipatory bail petition filed by Sikder Group Managing Director Ron Haque Sikder and his brother Dipu Haque Sikder from abroad was unprecedented in the world, the High Court observed yesterday.
"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 bench of Justice Md Ashraful Kamal made the observation in the full text of its order that on July 20 fined Ron and his brother Dipu for seeking anticipatory bail from abroad in a case filed over abducting, torturing, and opening fire on two top Exim Bank officials over a loan permission.
Rejecting their bail, the HC virtual bench ordered the siblings, currently in Thailand, to each give 5,000 personal protective equipment (PPE) as fine to the Prime Minister's Relief and Welfare Fund in two weeks.
The HC released the full text of the order on August 8 after the judge signed it.
In the full text, Justice Md Ashraful Kamal observed that there was no scope for filing anticipatory bail petitions from abroad as per the law and rules.
Besides, the law, rules, and practice directions (issued by the chief justice) do not allow a lawyer to place submissions and arguments staying outside the country.
"Conducting a case before the court as a lawyer remaining outside the boundary of Bangladesh is illegal and beyond the morality," the HC bench also observed.
On behalf of Ron and Dipu, lawyer Ajmalul Hossain QC placed submissions and arguments for the bail before the HC bench on July 20. The hearing was virtual but Ajmalul took part from abroad.
The two brothers had jointly filed the petition on July 2 through lawyer Saifullah seeking anticipatory bail in the case.
Exim Bank Director Lt Col (retd) 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 on them over a Tk 500 crore loan.
The accused reportedly left the country by air on May 25.
Later, Ron and Dipu filed a petition with the Appellate Division of the Supreme Court seeking permission to challenge the HC order.
Their permission is pending with the apex court.