Independence of judiciary questioned

Legal experts and rights organisations have expressed concern over the stand release of District and Sessions Judge of Pirojpur Md Abdul Mannan after he denied bail to a former Awami League lawmaker and his wife.

Rights body Ain o Salish Kendra (ASK) yesterday said the incident posed serious questions about the independence of the judiciary.

"ASK believes that the incident will severely damage the efforts of establishing the rule of law and justice," said a press release.

Law Minister Anisul Huq's comments on the issue "were very disappointing", it said.

In his explanation, the minister on Wednesday said the judge was withdrawn to bring under control the situation that developed over seeking bail by Awal and his wife Laila Parvin in three corruption cases.

Anisul also commented on the judge's behaviour.

People's doubt about the government's influence over the judiciary has become stronger with the immediate withdrawal of the judge, the rights body added.

The ASK urged the government to ensure an impartial investigation into the incident and take appropriate actions by identifying those involved so that "such unfortunate incidents are not repeated".

Noted jurist Shahdeen Malik said it would not be exaggeration "if we say that the whole country was shocked by the Pirojpur court incident".

He added that the judiciary would have to face consequences for this.

Lawyer Jyotirmoy Barua said what happened in the Pirojpur court was unimaginable and unprecedented. "This is a clear instance of the government's interference in the judiciary."

In a press release on Wednesday, Transparency International Bangladesh said it considered the incident rare in the history of the country's judiciary.

The stand release order was issued on Tuesday, hours after Judge Mannan ordered the authorities to send Awal and his wife to jail in the three graft cases filed by the ACC last year.

The incident triggered a storm of criticism across the country as well as in social media. 

Meanwhile, supporters of Awal, also president of Pirojpur district AL, yesterday brought out a procession in Pirojpur town, demanding withdrawal of the graft cases against Awal and his wife, president of district Mohila Awami League. 

After the procession, local AL leaders and supporters of Awal at a rally said the cases was ill-motivated and aimed at destroying the couple's political careers.  

A section of lawyers, who allegedly back Awal, yesterday boycotted Pirojpur court as Judge Mannan did not leave Pirojpur. The court did not go into session, reports our Pirojpur correspondent. 

Awal, the former MP of Pirojpur-1, is accused in all three cases filed for obtaining lease of khas (government) land using fake documents. His wife is an accused in one of the cases.

On December 23 last year, the ACC approved the cases against the couple. The following day, the anti-graft watchdog asked the Special Branch of police to take steps so that the couple cannot leave the country.

On January 7, Awal and his wife got ad-interim bail from the HC for eight weeks. 

After the end of their bail tenure, the couple on Tuesday appeared before the court of Judge Mannan with bail prayers.

After their bail prayers' rejection, Awal's lawyers declared that they would boycott the court for an indefinite period. His supporters also took to the streets.   

Hours after the order, Judge Mannan was stand released and attached to the law ministry. 

Joint District and Sessions Judge Nahid Nasrin, who was given the responsibility of acting district and sessions judge of Pirojpur, granted them bail later in the day after the couple moved a review petition. 

A day after his bail, Awal alleged that being influenced by SM Rezaul Karim, Pirojpur-1 lawmaker and also the fisheries and livestock minister, Judge Mannan "illegally rejected their bail prayers".

At a press briefing in Pirojpur, he also alleged that the ACC had filed the cases being influenced by Rezaul.

Contacted, Rezaul told this newspaper that the allegations brought against him were completely false.  

The HC on Wednesday questioned the legality of the government decision. 

It also issued a rule asking the law secretary to explain within a week as to why the decision about Judge Mannan should not be declared illegal. 

Meanwhile, describing the Pirojpur judge's stand release as an issue of the law ministry, AL General Secretary Obaidul Quader yesterday said the government believes in the rule of law and independence of the judiciary, reports UNB.

"If there's any misunderstanding between the law ministry and the judiciary, they will have to resolve it themselves. We won't comment as a party," he said at a views-exchange meeting with leaders of AL Dhaka city north unit at the party chief's Dhanmondi office.