HC to Cox's Bazar judge: It’s not mistake, you committed crime deliberately
Staff Reporter :
The High Court on Thursday observed that by tampering with his own order Cox’s Bazar District and Sessions Judge Mohammad Ismail did not make simply a mistake, rather he committed a crime deliberately.
The court said, “You are a senior District Judge. You had been a judge for a long time. You have tampered the court order. Did not it shake your chest? By tempering court order you did not make simply a mistake, rather, you have committed a crime deliberately. Covering up one wrongdoing, you committed several other wrongdoings.”
The High Court bench of Justice Md Habibul Gani and Justice Ahmed Sohel made the observations while holding hearing on a case.
Cox’s Bazar District and Sessions Judge Mohammad Ismail appeared in the High Court bench on Thursday to explain his position over granting bail to nine accused in a case without following due process of law. However, the judge had to listen to the rebuke of the High Court on the second day as well as the first day.
He tendered his unconditional apology to the High Court bench on Wednesday regarding the unusual bail order. However, the High Court did not accept his petition as it was not submitted properly. Then the judge of Cox’s Bazar appeared in the High Court again on Thursday for the second day.
Lawyer Mohammad Sayed Ahmed Raza placed the apology petition on behalf of the Cox’s Bazar judge.
After hearing the parties, the HC fixed July 27 for further hearing on the issue.
Earlier on June 21, the High Court bench summoned the judge to appear before it on July 19 to explain his position over the issue. Accordingly the judge appeared before the court and sought apology.
Khodesta Begum Rina, Chairman of the South Mithachhari union parishad of Ramu upazila under Cox’s Bazar district, filed a case with a court on February 28 this year against former chairman of the union Mohammad Yunus Bhutto and eight others on charges of intimidation regarding occupying a land, said her lawyer Barrister ABM Altaf Hossain.
The High Court on April 11 granted bail for six weeks to the accused in the case and asked them to surrender to the Chief Judicial Magistrate Court in Cox’s Bazar within the time. Complying with the High Court order, the accused surrendered and sought bail in the Magistrate’s Court on May 21.
However, the Magistrate court denied bail to nine accused and sent them to jail. On the same day, the accused applied for bail in the District and Sessions Judge’s Court of Cox’s Bazar without receiving certified copy of the rejection order. However, the District and Sessions Judge granted them bail.
Khodesta Begum Rina then filed revision petition with the High Court against this order. After hearing his petition, the High Court summoned the District and Sessions Judge as the judge didn’t follow the due process in granting bail to them.
