The High Court (HC) on Thursday relieved Cox’s Bazar District Sessions Judge Mohammad Ismail following his unconditional mercy for breaching law to grant bail to nine accused after the Chief Judicial Magistrate had earlier rejected their bail.
The HC also issued a rule asking to explain why the bail given to them by violating the rule won’t be cancelled.
The bench of Justice Md Habibul Gani and Justice Ahmed Sohel passed the order after hearing a scheduled review petition in this regard on Thursday.
Prior to the order, the HC to the judge Mohammad Ismail said, “Why do you hurry in giving judgment? It’s not a matter of hurry. Whatever is made it’s not expected for anyone.”
Senior Counsel AF Hassan Arrif stood for the judge in the court during the hearing, senior lawyer ABM Altaf Hossin accompanied by lawyers Md Abul Kashem and Arif Chowdhury represented the review petitioner and Deputy Attorney General Amit Taluder for the state.
Khodesta Begum Rina, chairman of Mithachhari union of Ramu upazila in Cox’s Bazar, filed a case against the nine people including the union’s former chairman Mohammad Yunus Bhutto bringing the allegations of intimidation and disruption of law and order situation with Cox’s Bazar Chief Judicial Magistrate Court-1 on February 28 this year.
Later on April 11, the HC granted a six-week bail to the accused following their petition and ordered them to surrender before the magistrate court upon expiry.
As per the order on May 21, the accused appeared before the court with a bail petition but the bail was rejected and sent to jail.
On the same day, the accused also filed a bail petition to District Sessions Judge Mohammad Ismail who granted it.
Against the bail, plaintiff Rina submitted a review petition to the HC, which on June 21 summoned Sessions Judge Mohammad Ismail to explain the matter in person.
Later, the HC bench set July 20 for hearing the petition and gave the order as part of the procedure.
Judge Mohammad Ismail also appeared before the court on Thursday and sought unconditional mercy for granting the bail.
