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Petition seeks suo motu on Pori Moni’s remand

Police escort film actress Pori Moni to the court on 19 August 2021.

A petition has been filed with the High Court seeking a suo motu rule on the remand granted to actress Pori Moni.

Rights organisation Ain o Salish Kendra (ASK) filed the petition at the HC virtual bench comprising justices Mustafa Zaman Islam and KM Zahid Sarwar on Sunday.

The HC bench said it would look into the matter after the rule on the hearing of Pori Moni’s bail petition returns. The same HC bench is set to hold hearing on the early hearing of Pori Moni’s bail plea.

On 4 August, Rapid Action Battalion (RAB) arrested Pori Moni after a raid at her residence in the capital’s Banani. RAB filed a narcotics case against her at Banani police station. After that, the police’s Criminal Investigation Department (CID) interrogated her three times in a total of seven days in remand. Pori Moni sought bail from the court later.

On 19 August, Dhaka chief metropolitan magistrate (CMM) court rejected the bail plea of Pori Moni. Against the order, Pori Moni filed the bail petition with the Dhaka metropolitan and sessions judge court.

On 22 August, the sessions court set 13 September for the hearing of the bail petition. The next day, her lawyers filed for an early hearing.

As she received no court order, Pori Moni on 26 August filed a petition with the High Court challenging the 22 August’s court order and seeking interim bail.

The next day, the High Court held a hearing on the petition and issued a rule seeking explanation as to why the metropolitan sessions judge court's order would not be declared null and void.

In the rule, the High Court also wanted to know why an order would not be given to hold an early hearing on the bail petition in two days and set 1 September for the hearing.

On that day, Pori Mori’s counsel and senior lawyer ZI Khan Panna said they would seek a suo motu rule from the High Court citing the top court’s order wasn’t followed while producing the actress before the lower court and putting her on remand.

Lawyer ZI Khan Panna is an executive member of ASK and lawyer Syeda Nasrin on behalf of ASK filed the petition with the High Court seeking a suo motu rule.

ASK’s lawyer Shahinuzzaman said the petition has been filed with the High Court. The court said they would look into it when the rule hearing would be held.

The petition states Pori Moni was put on remand for six, two and three days in three phases. Usually, a extensive remand is granted for severe offence. Courts usually order such remand in cases related to matters of national security or public importance. There has been a violation of constitutional spirit, fundamental rights and the Supreme Court’s instruction on detention and remand by putting Pori Moni on remand for such long.

The petition sought a suo motu rule considering these matters. A High Court rule was also been sought as to why the order of the magistrate court concerned on placing Pori Moni on remand for seven days and the pleas seeking 19 days remand to her in three phases would not be declared illegal.

Rule was also sought as to why the order on not allowing Pori Moni to talk in the court would not be declared null and void.