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Two judges apologize over Pori Moni remands

Published : 31 Oct 2021 10:25 PM | Updated : 01 Nov 2021 02:16 PM

Two lower court judges have apologized to the High Court over their granting Pori Moni remand several times.

Debabrata Biswas and Md Atiqul Islam, two Dhaka metropolitan magistrates, apologized unconditionally before the HC bench of Justice Mustafa Zaman Islam on Sunday.The two judges offered their apology to the High Court through their lawyer Abdul Alim Miah Jewel. The lawyer confirmed the matter. 

Rapid Action Battalion (RAB) arrested Pori Moni in a drug case from her Banani residence in the capital on August 4.

She was then denied bail several times and remained in custody for 27 days. She was placed on remand thrice during the time by the two judges.

On August 5, Metropolitan Magistrate Mamunur Rashid granted the police four days to quiz Pori Moni and her aide Ashraful Islam Dipu in the drug case.

On the completion of the remand period, Metropolitan Magistrate Debabrata Biswas on August 10 placed the duo on a two-day remand. They were remanded again by Metropolitan Magistrate Md Atikul Islam for another day in the same case on August 19.

Read More: Pori Moni walks out of jail

The charge of possessing some bottles of alcohol, which was brought against Pori Moni, is non-bailable. So, she was not entitled to bail in accordance with Section 496 of the CrPC. But the offence she was accused of is punishable with a maximum jail term for five years, not the death penalty.

So, in exercise of the discretionary power, the two judges could have granted Pori Moni bail under Section 497 of the CrPC. Moreover, being a woman, she had the additional privilege to be granted bail. But the two judges responded to the law enforcement agencies’ plea and put her on remand.

Even the judge kept pending her last bail prayer for 21 days till 13 September without hearing.

On August 26, the High Court issued a ruling on the delay in hearing Pori Moni’s bail petition. The higher court at that time criticised the role of the magistrate and police over putting Pori Moni on remand three times in the same case, terming the multiple remand an abuse of power during the hearing of the petition.

The HC had said, “It needs to be checked at what evidence the investigating officer presentedthe remand pleas and the reasons why the court granted the remands.” 

Later, the hearing was brought forward to August 31 following an order of the High Court. The actress was granted bail on the day. Later, Pori Moni was released from Kashimpur jail on September 1. 

On September 8, the High Court wanted explanations from the two lower court judges as to why they permitted law enforcers to grill Pori Moni for the second and third time in the drug case.

On September 15, the two judges submitted their written explanations and offered unconditional apology to the High Court. 

However, the higher court expressed dissatisfaction with the explanations. In its observation, the HC had said, “Their explanations undermined the court.”

On September 29, the HC wanted fresh explanations. The court also set October 24 for holding a hearing on this issue. Then the judges sought one-week time.

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