EPR bail prayers to be heard on 3 grounds

A full text judgment of the Supreme Court (SC) published yesterday observed that the High Court (HC) may consider bail petitions in cases filed under the Emergency Power Rules (EPR), on three grounds.
According to the SC observations, the HC may entertain petitions for bail in cases filed under EPR if they are filed with mala fide intentions, on suspicion, or with a court which does not have jurisdiction over the matter.
The SC earlier on April 23 this year delivered a judgment only saying, "The appeal is allowed," in light of a government petition challenging an HC verdict that it has jurisdiction to hear bail petitions in cases filed under EPR.
Following the earlier SC judgment, hearings of bail petitions in the HC have been suspended.
The latest SC judgment, however, still allows the government's appeal against the HC judgment, while setting aside the HC judgment with seven point observations allowing it to hear, on three grounds, bail petitions in cases filed under EPR.
Legal experts termed the latest SC judgment as 'self-contradictory', as the apex court set aside the HC judgment while empowering the HC to grant bail on three grounds.
They also urged the SC to make its judgment more clear with specific directions.
Advocate Idrisur Rahman yesterday filed a petition with the SC for elucidation and a review of the latest judgment.
Chamber Judge of the Appellate Division Justice MA Matin referred the matter to the full bench of Appellate Division for hearing this morning.
Four senior SC lawyers Dr Kamal Hossain, Barrister M Amir-ul Islam, Barrister Rokanuddin Mahmud, and Advocate Abdul Baset Majumder were present when Advocate Idrisur Rahman moved the petition before the Chamber Judge's Court yesterday afternoon.
Dr Kamal Hossain told journalists that immediately after the SC had delivered its earlier judgment, bail seekers thought they will not be able to go to the HC seeking bail in cases filed under EPR, and that made the lawyers anxious.
"After the publication of the copy of the judgment today, we think that the HC can now grant bail in cases filed under EPR on some grounds. Still a petition has been filed with the Supreme Court for more clarification," he said.
Barrister M Amir-ul Islam said the executive branch of the government cannot control court proceedings by framing rules.
"If court proceedings are controlled by the government through framing of rules, that will be violation of the constitution," he said.
Dr M Zahir said, "The latest SC judgment is not as bad as what we thought of the earlier judgment."
"The observations of the Supreme Court will be clearer, if the court gives an explanation with clarifications," he added.
Barrister Rafique-Ul Huq said amid strong protests from different sections including the Supreme Court Bar Association (SCBA) against the earlier SC judgment, the court finally changed its decision and observed that the HC may consider bail petitions on three grounds in cases filed under EPR.
"Right to get bail is a fundamental and democratic right of the people. The earlier SC judgment had revoked that right. Lawyers and human rights organisations at home and abroad strongly protested and criticised the earlier judgment," Rafique said.
"Over 90 percent of the people detained under the state of emergency were arrested under EPR and they will now have a chance to get bail according to the observations in the Supreme Court judgment published today," he added.
SCBA President Barrister Shafique Ahmed said the SC's latest judgment proves that the association's stand for establishing the rule of law and fundamental human rights was correct.
"The earlier judgment of the Supreme Court was against democracy and the constitution," he said.
Following a writ petition filed by Moyez Uddin Sikder, a businessman of Khulna, the HC on April 22 last year, ruled that it has the jurisdiction to adjudicate bail petitions from persons facing criminal cases filed under the Emergency Power Rules 2007.
The amended EPR revoked the right to bail of those who are accused in criminal cases filed under EPR.