Unprecedented, first in history: HC on Sikders’ bail plea

The High Court (HC) in its full order of bail appeal rejection for Ron Haque Sikder and his brother Dipu Haque Sikder said there is no scope for applying for anticipatory bail while staying abroad. 

"Such an illegal and unethical appeal should be abandoned," said the HC over the bail application of the Sikder brothers ─ who are accused of threatening to murder the managing director of Exim Bank.

The court, about the bail application from abroad, said, "Such an unprecedented appeal is the first in human history. It is certainly astonishing. Other courts across the globe observed the appeal with surprise and they are startled and dumbfounded by seeing the supreme excellence of our legal system." 

On July 20, Justice Md Ashraful Kamal rejected the bail pleas from the Sikder brothers. The HC virtual bench also fined the brothers 10,000 personal protective equipment for donation to the prime minister's fund for filing the bail appeals in advance from abroad.

The 112-page full order was published on Sunday with HC observations. 

The court also rebuked Lawyers Abdul Baset Majumdar and Ajmalul Hossain QC and Supreme Court Bar Association President AM Amin Uddin for representing the brothers during the bail appeal. 

Ajmalul Hossain QC joined the bail hearing virtually from London. 

The High Court said, "According to the law, rule and practice direction, there is no scope to present arguments as a lawyer while staying out of the country. Running a case from abroad is illegal and unethical."

The HC said the going abroad of the accused without managing bail or notifying the court is illegal. The applicants dared to ignore the country's law and court.

"The bail application said their rival would harass them by using and influencing the administrative mechanism, which is a sheer exhibition of distrust of the government and administration," the High Court observed, adding the concerned authorities would take necessary steps. 

"In the application, the brothers said the local administration including law enforcing agencies and lower judiciary are suspected to be under the direct control of the enemy of the petitioners. If the petitioners are arrested by the police there his high probability that they will not get bail rather will be sent to jail custody," said the court, terming the statement "unprecedented and disrespectful of the independent judicial system."  

In the meantime, the Appellate Division adjourned hearing for two weeks on the Sikder brothers' plea over permission to appeal against the High Court bail rejection order.

The appellate bench led by Chief Justice Syed Mahmud Hossain passed the order on Sunday.

Earlier on July 28, Ron Haque Sikder and Dipu Haque Sikder sought permission to challenge their bail rejection order issued by the High Court.