Same case, 16 granted bail, Fakhrul kept waiting
Sixteen accused have secured bail in a case filed over vandalising the chief justice's residence on October 28 last year, but in the same case, BNP Secretary General Mirza Fakhrul Islam Alamgir is yet to get bail from lower courts or the High Court.
The 76-year-old politician will now seek bail from the Appellate Division of the Supreme Court, on the grounds that he was not involved in the vandalism in any manner, his lawyer Md Sagir Hossain told The Daily Star on Friday.
"An appeal will be filed on behalf of my client [Mirza Fakhrul] today [Sunday] or tomorrow [Monday] with the Appellate Division, challenging the High Court's [January 10] verdict that turned down his bail petition in the case," he added.
The HC said, "Whether the petitioner [Fakhrul] is the mastermind or had any role in the catastrophic, unruly events, can only be decided after a fair investigation, but to ensure fairness in the investigation, we are of the view that it will not be conducive to release him on bail at this stage."
In the full text of the verdict, it added that the lower court concerned has found the involvement of the accused petitioner in the case.
Around 72 people were accused in the case, filed with Ramna Police Station on October 29. BNP standing committee member Mirza Abbas is the prime accused and Mirza Fakhrul, who was arrested the same day, is accused number 2.
Fakhrul, who stands accused in 11 cases filed over political violence on October 28, is a senior citizen and has been suffering from different old-age complications, including diabetes, he added.
Sagir also said the magistrate's court concerned granted Fakhrul bail in 10 cases, including one filed in connection with the killing of a police constable.
Ten other FIR-named accused, who got bail from the lower courts concerned, in the vandalism case -- Md Nasir Uddin, Mizanur Rahman Montu, Mohiuddin Mohan, Md Shahinur Islam, Md Nurul Islam, Sohel Ahmed, Harun-ur-Rashid, Imon, Md Imran and Uzzal Hossain -- are now out of jail.
Besides, the HC has granted anticipatory bail to six BNP leaders -- Gayeshwar Chandra Roy, Abdul Awal Mintoo, Zainul Abedin, Nitai Roy Chowdhury, AM Mahbub Uddin Khokon and Nipun Roy Chowdhury -- in the same case.
Fakhrul's lawyer said the HC in its full text of the verdict observed that the allegation of the attack on the chief justice's residence may be tantamount to sedition, though the Appellate Division has observed in a verdict that sedition charges cannot be brought in cases related to political movement.
The Appellate Division in another decision said that an accused may be granted bail if the co-accused in the same case get bail.
Fakhrul's appeal will first be moved before the chamber judge of the Appellate Division. If the chamber judge does not grant him bail, it will then be moved before the full bench of the Appellate Division, Sagir said.
He added that the magistrate first rejected Fakhrul's bail application on October 29. The judge's court concerned in Dhaka then rejected his bail plea on November 22.
Following that, the HC on December 7 refused to grant him bail, but issued a rule asking the state to explain in seven days why Fakhrul should not be granted bail in the case.
On January 10, the HC bench of Justice Md Salim and Justice Shahed Nuruddin discharged the rule and rejected Fakhrul's bail petition, with some observations, he said.
Contacted, Deputy Attorney General BM Abdur Rafell told The Daily Star the HC has refused to grant Fakhrul bail as there are specific allegations against him of instigating the BNP leaders and activists to vandalise the chief justice's residence.
Following the call from Fakhrul, thousands of BNP leaders and activists gathered with sticks at different places in Dhaka, while many vandalised the chief justice's residence, he said.
"According to section 109 of the Penal Code, a person, whose urges cause incidents of criminal offences, cannot avoid the responsibility."