Judge Qumrunnahar ‘intentionally’ granted bail to a rape accused: SC

The former judge of Dhaka Women and Children Repression Prevention Tribunal-7, Musammat Qumrunnahar, had "bad intentions" and overlooked case records "intentionally" while granting bail to Aslam Shikder in a rape case, the Supreme Court has observed.

Therefore, she will no longer be allowed to preside over any criminal matters in any courts in Bangladesh, it added.

"Tribunal judge Musammat Qumrunnahar is not fit to conduct any type of criminal proceedings, hence under Article 104 of the Constitution, her sessions power is hereby seized," said a five-member bench of the Appellate Division, led by Chief Justice Syed Mahmud Hossain, in the six-page long verdict released Tuesday.

"The order of bail granted by Musammat Qumrunnahar to accused Aslam Shikder is in violation of the order passed by this court, which she evidently ignored.

"Musammat Qumrunnahar has palpably acted in defiance of the order of this court ignoring the fact that her predecessor had cancelled the bail of the accused in view of the selfsame order of this court and the existence of that order is apparent on the face of the record," the verdict furthered.

Aslam, a private television channel producer, was sued on 13 September 2018 by the Hatirjheel police station for raping a woman.

He was later sent to jail for the crime.

Then on 18 June 2019, Aslam was given bail by the High Court which was later stayed by the chamber judge following a petition filed by the state counsel on 25 June 2019.

Despite the stay order, Judge Kamrun Nahar of Dhaka Women and Children Repression Prevention Tribunal-7, granted him bail on 2 March last year. 

Following which the Appellate Division ordered Qumrunnahar to appear before the court on 2 April with an explanation for the bail after the issue was brought to its notice by late attorney general Mahbubey Alam.

At the time, the court revoked the bail and asked accused Aslam to surrender before a subordinate court within two weeks.

The court proceeding on the issue was deferred due to the Covid-19 pandemic.

Ironically, the same tribunal judge, on 11 November, acquitted all five accused, including Safat Ahmed, son of Apan Jewellers owner Dildar Ahmed, in the Raintree Hotel rape case.

The controversial judge, in her observation, said that police should not record a case 72 hours after a rape incident.

Legal experts, in their immediate reactions, called the observation irrelevant, ridiculous, and incoherent.

Following huge criticism from various sections of society, she was relieved from her judicial duties and was attached to the law ministry, according to a gazette notification issued on 14 November.