A High Court bench today withdrew its earlier order that granted bail to former Awami League leader Ruhul Amin, who allegedly instructed to rape a woman at Subarnachar in Noakhali on December 30.
The bench of Justice Mamnoon Rahman and Justice SM Kuddus Zaman withdrew the order of bail as the accused, Ruhul Amin, suppressed the fact that some other accused in the case had given confessional statement to the lower court against him.
In the confessional statement, the other accused said the incident of rape took place as per the instruction of Ruhul Amin. But this information was not mentioned in the bail petition filed by Ruhul Amin, the former publicity affairs secretary of Subarnachar AL unit.
Deputy Attorney General Biswojit Roy informed the judges on Thursday that defence has suppressed the fact that some other accused in their confessional statements said the incident of rape took place at the direction of Ruhul Amin. Then the judges today sat in their private chamber and passed the withdrawal order.
DAG Roy and DAG Amit Talukdar were present during passing of the withdrawal order.
Ruhul Amin's lawyer Asheke Rasul was not present there and his cell number was found switched off.
After the judges passed the withdrawal order, Attorney General Mahbubey Alam told reporters at his office that the way Amin secured bail from the HC is tantamount to a fraud upon the court.
It is a very hated move on behalf of the accused petitioner Amin.
We will brought this issue to the chief justice's notice.
The AG said that his office will pray to the HC bench concerned to issue a contempt of court rule against the lawyer for Ruhul Amin.
Amin's lawyer Asheke Rasul has given a notice to the AG's office saying that he will move the bail petition of Amin before the HC bench led by Justice M Enayetur Rahim. But, he moved the bail petition before the HC bench led by Justice Mamnoon Rahman.
Petitioner's lawyer secured the bail for Ruhul Amin from the HC bench of Justice Mumnoon Rahman and SM Quddus Jamal without producing the confessional statements of other accused except for Amin in the case, the AG said.
Following today's HC order Amin cannot get released from jail, he added.
Replying to a question, the AG said his office will submit an application to the Bangladesh Bar Council for taking action against Asheke Rasul if it is necessary.
He said the whole nation is very concerned and angry over the rape incident.
People have become surprised at the rape accused securing bail, he said.
Following a bail petition filed by Ruhul, the same HC bench on March 18 granted a one-year bail to Ruhul Amin in the case. But he is yet to get released from jail, Supreme Court Special Officer Mohammad Saifur Rahman added.
The SC special officer told The Daily Star that the High Court judges recalled their order of their own move today as “the defence suppressed the fact of the case to the High Court”.
He also said the High Court bench will pass further order on this issue on March 25.
WHAT HAPPENED ON DECEMBER 30?
On December 30 last year, a mother of four was gang-raped allegedly by 10 to 12 Awami League leaders for casting ballot for “sheaf of paddy”, electoral symbol of the BNP, according to the victim.
The victim's husband filed a case accusing nine with Charjabbar Police Station under Women and Children Repression Prevention Act. Ruhul, however, was not made an accused in it. Police held Ruhul four days after the incident.
Later, the husband claimed to the National Human Rights Commission that the First Information Report of the criminal case was not written by him as he is illiterate and his complaint was altered by those who wrote it for him.