Chief Justice questions anticipatory bail from HC in murder, rape cases
Chief Justice Syed Mahmud Hossain today questioned the High Court orders that granted anticipatory bail in cases involving serious offences including murder and rape.
"If the High Court grants anticipatory bail even in murder, rape, and heroin (drug) related cases, then what should we (the Appellate Division) do? Will not we stay those orders? We must protect the country," he said.
"Around 1,000 orders of bail are passed by the High Court in a week. But the state appeals against only 50 to 100 of such orders before the Appellate Division," he said.
The chief justice said this in response to a plea moved by the Supreme Court Bar Association's (SCBA) Secretary Md Ruhul Quddus Kazal, while presiding over a full bench of the Appellate Division of the SC for the hearing and disposing of cases today.
Ruhul Quddus requested the apex court to withdraw an order passed by its (SC) chamber judge that stayed the HC order of bail in a case.
The SC refused to interfere with the chamber judge's stay order in the case.
He urged the apex court to change the Appellate Division Rules (regarding the powers of the full bench and chamber judge over staying the HC orders).
Chief Justice Syed Mahmud Hossain pointed out that the HC -- in the first order of a case -- has allowed a borrower to repay only the principal amount in 20 years to the bank concerned without any interest.
Three HC benches have passed this type of orders, he said, adding that the full court meeting (of the SC) has discussed these matters, but passing of such orders by the HC has not stopped.
The chief justice questioned whether the High Court granted anticipatory bail in so many cases earlier, before adding that anticipatory bails are granted by almost all HC benches nowadays.
Comments