Fakhrul, Abbas may have to wait 9 more days to seek HC bail

BNP Secretary General Mirza Fakhrul Islam Alamgir and the party's Standing Committee member Mirza Abbas may have to wait for at least nine more days to seek bail from the High Court in the case filed over the December 7 clash between party activists and police.

The High Court is scheduled to reconvene on January 2 after its ongoing annual vacation.

Mirza Fakhrul and Mirza Abbas, who have been denied bail four times by the lower courts concerned in the case, have scope to seek bail from Dhaka court and the High Court.

On December 21, Judge Md Asaduzzaman of Dhaka Metropolitan Sessions Judge Court rejected their bail petitions, and also fixed January 25 next year for hearing on the petitions.

Advocate Zainul Abedin, a senior lawyer for the accused BNP leaders, told The Daily Star today that they are yet to receive the copies of the bail petition rejection orders of Mirza Fakhrul Islam Alamgir and Mirza Abbas in the case.

"After getting the certified copies, we will decide whether we will move petitions before the Dhaka Metropolitan Sessions Judge Court again or High Court seeking bail for the detained BNP leaders. We will take the decision when the High Court and Dhaka judge court will reopen following their ongoing vacation," he said.

Contacted, BNP's Legal Affairs Secretary Kayser Kamal told this correspondent, "Unfortunately their [Fakhrul and Abbas] bail petitions were rejected despite not being named accused in the FIR [first information report]."

"Political motivation and consideration are having the most appeal over legal procedures. We think the lower judiciary is not following the law, and therefore, their bail petitions are rejected. Considering the situation, we will take appropriate legal steps either before the learned sessions court or High Court to get them free on bail," he added.

A case was filed with Paltan Model Police Station on December 8, a day after the clash broke out in front of the BNP's Nayapaltan office. The clash left one person dead and many injured.

Around 450 leaders and activists of the BNP and its front organisations were arrested and produced before a Dhaka court the following day.

Fakhrul and Abbas were picked up from their homes around 3:00am on December 9, a day before their Dhaka divisional mass rally, and were sent to jail after Dhaka Metropolitan Magistrate Mohammad Jashim rejected their bail petitions.

The two were shown arrested on charges of provoking party activists to attack police.