Lower courts abused their authority: HC
The High Court yesterday observed that courts "abused" their authorities by placing Pori Moni in remand for multiple times in a drug case.
A High Court bench comprising Justice Mustafa Zaman Islam and Justice KM Zahid Sarwar expressed the opinion during the hearing of a petition challenging the legality of the remand order of a lower court.
Shamsunnahar Smriti, popularly known as Pori Moni, was released from jail yesterday morning, four weeks after Rab arrested the actress from her Banani home on July 4 allegedly with a stash of drugs and alcohol.
Justice Mustafa Zaman Islam at one point during the proceedings said the magistrate had abused the power by granting a remand order for the police to question Pori Moni for the third time.
"The investigation officer [of the case] appealed and the judge granted remand. What material was present in the investigating officers' petition that this remand was approved?" he questioned.
"This cannot happen in any civilised society," he said.
Ain o Salish Kendra, a human rights and legal assistance group, filed a self-initiated petition to question the repeated remand that allowed the police to interrogate Pori Moni in their custody.
Lawyer ZI Khan Panna and Pori Moni's lawyer Md Mojibur Rahman represented the petitioners at the hearing. They were also accompanied by Syeda Nasrin and Md Shaheenuzzaman.
Deputy Attorney General Abu Yahya Dulal and Assistant Attorney General Mizanur Rahman represented the state.
Justice Mustafa Zaman Islam said the Supreme Court has guidelines on remand, but the magistrates were not following them. Panna then called for an order to follow these guidelines.
The judge then said that the petition would be recorded.
Pori Moni's lawyer Mojibur Rahman told the court that neither Section 167 of the Code of Criminal Procedure, nor the Appellate Division's guidelines were followed in issuing the remand order.
The justice then said the High Court could examine the decision, call the remand record from the magistrate, and ask them for a satisfactory explanation for their decision.
"If they fail to answer, we can respond that we are unsatisfied and call for an appearance," he said.
A guideline could also be issued on how quickly a hearing date for bail should be set.
When assistant attorney general Mizanur Rahman noted that Pori Moni was no longer in remand, the Justice said: "We want to ask what material led to the granting of remand thrice.
"Why did the magistrate abuse his power? Was there a justification, after a four-day remand, to grant a third remand? We will ask the investigation officer to appear with the case docket," Justice Mustafa Zaman Islam said.
"If the investigation officer, without any material, submits a petition for remand, why did these two magistrates accept them?" he said. "This must not happen."
Though 2:00pm was set for further hearing, the court ordered "not today" upon a request by the assistant attorney general.
PORI MONI RELEASED
The film actress came out of Kashimpur Central Women's Jail in Gazipur at 9:36am in a white car and waved at the crowd gathered to see her.
Standing through the sunroof of the car, Pori Moni was seen shaking hands with her fans and taking selfies with them.
On Tuesday, a Dhaka court, considering her health, age and reputation in the film industry, granted her ad-interim bail.
The jail authorities could not release her the same day as they did not get the bail order in time.
The bail order will be valid until submission of the police report, the judge said in his order.
After her arrest, the actress was placed on a four-day remand first, and a two-day-remand after that and then again on a one-day remand. Three separate magistrates of the CMM court issued the orders placing her in remands.
Pori Moni had previously made headlines after she filed an attempted rape and murder case against several persons including a businessman centring an incident at the Dhaka Boat Club.
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