The High Court (HC) has observed that District and Session Judge of Narail Sheikh Abdul Ahad has committed a serious mistake by exempting the principal accused Mallick Majharul Islam alias Maza in a murder case.
Exempting the principal accused of the murder case at the stage of charge framing is illegal and miscarriage of justice, the HC said in a full text of the order which was released today.
The court also observed that Abdul Ahad should be kept away from discharging judicial activities in criminal cases for one year so that he can study and can prepare himself properly to discharge judicial functions.
The court also asked the law secretary and the Supreme Court Registrar General to take necessary steps in this regard.
The HC bench of Justice M Enayetur Rahim and Justice Md Mostafizur Rahman passed the order on August 29 during hearing a petition filed by Nazmul Huda seeking necessary order against Sheikh Abdul Ahad.
On February 10, 2015, Enamul Haque was shot dead in Barnail Bazar area under Kalia Police Station of Narail. The victim’s brother Nazmul filed a murder case with the police station accusing 68 people, including Mallick Majharul Islam alias Maza.
In the case statement, Nazmul said Mallick ensured the death of his brother by firing three bullets into his body.
On June 10 this year, Judge Abdul Ahad had framed charges in the case dropping the name of Mallick.
Later, Nazmul filed the petition with the HC challenging the district and sessions judge’s indictment order. He prayed to the HC to order the judge to include Mallick’s name in the case.
The HC on July 7 ordered Judge Abdul Ahad to explain why his judicial power should not be curtailed for exempting Mallick from the murder case.
Three days later, the judge sent a letter to the HC offering an unconditional apology to it over exemption of Mallick.