Magistrates can hold virtual remand prayer hearings: SC

Magistrates across the country can now virtually hold hearings on remand prayers of accused without physical presence in courts. 

The Supreme Court yesterday cleared barriers and directed all magistrates to hold remand prayer hearings through videoconferencing with jail authorities.

Before hearing, the magistrate will send a virtual link to respective jail authorities responsible for the accused.

After connecting with jail authorities, the conducting magistrate will witness the accused virtually and hold a hearing, said a gazette notification issued yesterday.

Before the gazette, it was a mandatory provision of the Criminal Procedure Code that during remand prayer hearing, the accused must be produced before the court.

Following court closure, many remand prayers remained pending with different courts, as the accused could not be physically present.

For example, Rapid Action Battalion on May 5 arrested four under Digital Security Act for allegedly making anti-government posts on Facebook -- cartoonist Ahmed Kabir Kishore, writer Mushtaq Ahmed, businessman Minhaj Mannan Emon and Rashtrachinta activist Didarul Islam Bhuiyan.

Following their arrest, they were sent to jail by a Dhaka court. But hearing of their remand prayers remains pending, as they were not produced before the magistrate due to the pandemic.

Their lawyers repeatedly submitted bail petitions, but the court refused to hear them, as hearing of police submitted remand prayers were pending.

Following this decision, courts can now dispose of pending remand prayer hearings, and lawyers can file bail petitions.

Due to Covid-19, the SC on March 26 declared all courts to shut down.

On May 10, Chief Justice Syed Mahmud Hossain directed all lower courts to hold bail petition hearings of accused who are in jail custody though videoconferencing.