‘Such acts will create anarchy in the judiciary’
The High Court yesterday blasted Cox's Bazar District and Sessions Judge Mohammad Ismail for granting bail to nine accused in a criminal case without maintaining relevant procedures even before the magistrate court concerned rejected their bail petition.
"There will be anarchy in the judiciary if the judges don't maintain legal procedures properly. What you [Ismail] have done is not a usual phenomenon. Other judges don't do so. We have heard such things about you before. Looking at your actions, we don't think you want a prestigious departure," said the HC bench of Justice Md Habibul Gani and Justice Ahmed Sohel.
"Discipline gets hampered when irregularities and anarchy establish their dominance," the HC bench told Ismail during hearing of a criminal revision petition.
Earlier in the day, Ismail appeared before the HC bench in line with its June 21 summons order and offered "apology to the court for his unintentional and bonafide conduct".
He told the HC that he passed the bail order considering urgency of the case and he had no intention to disregard the court or court proceedings.
The HC bench said, "It is evident from the documents that the accused did not go to jail after the chief judicial magistrate's (CJM) court rejected their bail petition on May 21. But you have granted them bail the same day even before the CJM's order was complied with."
Judge Ismail said he granted the bail at 4:00pm on May 21, but the stenographer of his court made a clerical mistake saying that the accused were in the jail custody for a long period of time.
The HC asked him whether he has taken any action against the stenographer.
Ismail kept silence and said he apologised to the court.
The bench said he (Ismail) has offered apology for his misdeed and at the same time he defended himself and controverted the allegations.
The court fixed today for further hearing of the matter and asked Ismail to appear further before it.
The criminal revision petition was filed by Khodesta Begum Rina, chairman of Dakkhin Mithachhori union in Cox's Bazar, with the HC last month, challenging the bail order issued by Judge Ismail's court.
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