Pori Moni Remand: HC expresses discontent at explanation of 2 judges
The High Court yesterday expressed discontent at the explanations of two lower court judges, who placed actor Pori Moni on remand for the second and third time in a narcotics case, saying that the judges had "undermined" the HC.
"The metropolitan magistrates [lower court judges] in their explanations said they granted the prayers for remands [of Pori Moni], considering the whole situation. They requested for pardon if they have made any unintended mistake or fault in passing the remand orders," the HC said.
The HC said it seems, from their explanations, that they don't believe that they have done any wrong. "They have undermined us by giving such explanations," the bench of Justice Mustafa Zaman Islam and Justice KM Zahid Sarwar Kajol said during hearing a petition relating to this issue.
The HC bench also set September 29 for passing an order on this petition.
Investigation officer of the case, Golam Mostafa, will have to give an explanation on seeking remand of Pori Moni to the HC by this time, and he will have to appear before the court on September 29, said Justice Mustafa Zaman.
The HC bench delivered the order while hearing the petition filed by rights organisation Ain o Salish Kendra (ASK) challenging the orders of metropolitan magistrates Devobrata Biswas and Atikul Islam granting the IO's prayers for taking Pori Moni on remand.
ASK's lawyer ZI Khan Panna told the HC bench that the metropolitan magistrates have undermined both the Appellate and High Court divisions by their explanations, as they did not directly confess their "fault" in placing Pori Moni on remand.
Contacted, the lawyer told The Daily Star that an accused cannot be taken on police remand. He or she should be interrogated at the jail gate if it is felt necessary according to Supreme Court directives, he said.
The accused person's health must be examined by a registered doctor before and after interrogation and his or her lawyer and relatives must be allowed to be present during the interrogation, but the lower court concerned and police have not followed the apex court directives while placing Pori Moni on remand, the lawyer added.
The two metropolitan magistrates (Devobrata and Atikul) have apologised to the HC for their "unintended mistakes and faults" in placing Pori Moni on remand for the second and third time in a narcotics case, saying that they have done it in "good faith".
They offered apology in two separate written explanations which were recently submitted to the HC through the Supreme Court Registrar General's office.
In their explanations, they mentioned that they ordered the police to execute the remand of Pori Moni in the presence of a female police officer under the SC directives.
The metropolitan magistrates also prayed to the HC bench to exonerate them from any proceedings, saying that they will remain more cautious while passing remand orders in future.
In his explanation, Judge Devobrata said accused Pori Moni alias Shamsun Nahar Smrity was arrested with narcotics, including foreign liquor and Lysergic acid diethylamide (LSD), which are awful for the society.
He said he granted prayer for two days' remand of Pori Moni as he thought it was reasonable to find out the source of LSD narcotics and the masterminds.
Judge Atikul in his explanation said his court allowed one day's remand of Pori Moni to extract concrete and exact information on how the terrible narcotics like LSD have entered the country and how they have spread and who are involved with the crime, HC sources said.