SC upholds JnU student Khadija's HC bail, no bar to release
The Appellate Division of the Supreme Court has upheld the High Court's decision to grant bail to Jagannath University student Khadijatul Kubra in two separate cases filed under the Digital Security Act.
The full bench of the Appellate Division headed by Chief Justice Obaidul Hassan passed the order on Thursday (16 November), dismissing two separate petitions filed by the state that challenged the HC's bail order.
Following the decision, there remains no legal obstacle to the release of Khadija, who has been in prison for about a year and three months, Khadija's lawyers BM Elias Kachee and Barrister Jyotirmoy Barua confirmed.
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Earlier in February, the High Court granted Khadija's bail plea, but it was suspended by the chamber judge and sent for Appellate Division review upon the state's application.
The leave to appeal filed by the state challenging her bail order was also sent for hearing to the regular bench of the Appellate Division.
Meanwhile, Khadija filed an application seeking the withdrawal of the suspension order given by the Chamber Court, which was heard in the Appellate Division on 10 July along with the state's petition.
On that day, the Appellate Division stayed the hearing of the application for four months.
The Appellate Division held a hearing on the state's appeal as it was scheduled in the court's agenda today. Assistant Attorney General M Saiful Alam represented the state, while Khadija was represented by BM Elias Kachee and Barrister Jyotirmoy Barua in today's Appellate Division session.
In October 2020, police filed two separate cases under the Digital Security Act against Khadijatul Kubra and retired Major Delwar Hossain in Kalabagan and New Market police stations for allegedly spreading anti-government statements online and tarnishing the image of the country.
The allegations and descriptions of the two cases filed within a week were identical. Khadija was arrested by police on 17 September last year and has been in prison since then.
In the case of the New Market police station, SI Khairul Islam said that he watched a video on Major (Retd) Delwar's YouTube channel on the morning of 11 October 2020.
Khadijatul Kubra was the host of the video titled "Humanity for Bangladesh." According to the case statements, in the video, Delwar Hossain gave various instructions to "overthrow the legitimate democratic government of Bangladesh."
