It's unfortunate guidelines for anticipatory bail not being followed properly: SC

The Supreme Court today expressed disappointment, saying that the guidelines, it has issued earlier regarding granting anticipatory bail by the High Court to the accused, are not being followed properly, which is unfortunate.

"The magistrate courts can grant bail to the accused in the cases filed under the bailable sections of laws. But if the lawyers move petitions before the High Court seeking anticipatory bail for the accused even before approaching to magistrate courts in such cases, what is the necessity of the magistrate courts?"

"The High Court too entertains such anticipatory bail petitions, which is also unfortunate," the Appellate Division of the SC said.

A five-member bench of the Appellate Division headed by Chief Justice Obaidul Hassan made the comment during hearing four petitions filed by the state challenging the HC orders that granted anticipatory bail to BNP leader Nipun Roy Chowdhury in four cases including one filed over vandalism of the chief justice's residence.

The apex court said accused Nipun Roy Chowdhury was seen standing with a stick on the Facebook.

"This is the era of Facebook. Image of heroism is uploaded on the Facebook after it is staged," the SC bench said.

Nipun's lawyer Md Bodruddoza Badal said that image of his client was uploaded on the Facebook much ago.

He said the incident of attack on the chief justice residence is very condemnable.

Those who are involved in the incident should be given exemplary punishment, the lawyer said, adding that there is no specific allegation against Nipun, though she was made accused due to political reasons.

At a stage of the hearing, Chief Justice Obaidul Hassan said, "A group of lawyers are condemning it and another section is looking for conspiracy. If the pro-BNP lawyers are not careful in making comments about the court and judges, others will follow them."

The SC bench said it is the responsibility of the lawyers as the officers of the court to give protection to the courts and judges. The lawyers should unitedly play a role to ensure the dignity of courts and judges, the court said.

After the hearing, the Appellate Division dismissed the state's petitions and upheld the HC orders that granted anticipatory bail to Nipun Roy Chowdhury in the cases.