Serious offences: CJ questions anticipatory bail orders

Chief Justice Syed Mahmud Hossain. File photo

Chief Justice Syed Mahmud Hossain yesterday questioned High Court orders granting anticipatory bail in the cases of serious offences, including murder and rape.

"If the High Court grants anticipatory bail even in murder, rape and heroin related cases, then what should we [Appellate Division] do? Will not we stay those orders? We must protect the country.

"Around 1,000 bail orders are passed by the High Court in a week. But the state moves appeals before the Appellate Division against only 50 to 100 High Court orders of bail," he said.

The chief justice said this in response to a prayer moved by Supreme Court Bar Association Secretary Ruhul Quddus Kazal while presiding over a full bench of the SC's Appellate Division for hearing and disposing of the cases yesterday morning.

Lawyer Ruhul Quddus requested the apex court to withdraw an order passed by its chamber judge that stayed the HC bail order in a case.

The SC refused to interfere in the chamber judge's stay order.

Ruhul Quddus said a lawyer has to work very hard for getting an order of anticipatory bail from the HC, but the state moves petition before the SC for its stay.

He also 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).

"When we came to practise [law], we didn't see the state approaching to the Appellate Division for staying the ad-interim orders of the High Court Division," the lawyer said.

The chief justice said the HC in the first order of a case has allowed the borrower to return the bank concerned only the borrowed money in 20 years without any interest on loan.

Three HC benches have passed such type of orders, he said, adding that the full court meeting (of the SC) has discussed these matters, but passing such orders by the HC have not been stopped yet.

"Have you seen earlier that the High Court grants anticipatory bail in so many cases? Anticipatory bail is granted by every [HC] bench concerned," he said.

Ruhul Quddus said a case is very easily disposed of at the Appellate Division though a lawyer has to sweat blood to secure bail from the HC.

Justice Muhammad Imman Ali, a senior judge of the Appellate Division, asked lawyer Ruhul Quddus whether he considers unjustified the apex court orders that stayed the HC bail in rape and murder cases.

"The High Court is granting bail in murder cases. Will not the state move to the Appellate Division against those orders of bail?" he asked.