Former CJ Khairul Haque’s bail upheld in 9th case, lawyer says 'no legal bar' to release
The Appellate Division’s chamber court has upheld the High Court’s interim bail granted to former chief justice ABM Khairul Haque in a case filed at Banani Police Station under the attempted murder and Explosives Act during the July mass uprising.
The court issued a "no order" on the state's application seeking a stay on his bail. Chamber Judge Md. Rezaul Haque passed this order on Monday.
Since his bail in the case remains upheld, there is no legal bar to Khairul Haque's release from jail, according to his senior lawyer Motahar Hossain Saju.
Khairul Haque had failed to secure bail from a lower court in the case on 27 July. He later applied for bail in the High Court on 9 August. After hearing the petition, the High Court granted him interim bail with a rule on 10 August.
The state then filed an application in the Appellate Division seeking a stay on this bail, which appeared at serial number 75 on the Chamber Court's cause list today.
Senior lawyer Motahar Hossain Saju, lawyer Monayem Nabi Shaheen and others stood for Khairul Haque in court. Assistant Attorney Generals Mohammad Nazmul Hasan Siddiqui and Md. Mokhlesur Rahman stood for the state.
Speaking to Prothom Alo, Monayem Nabi Shaheen said Khairul Haque was currently facing nine cases in total and had secured bail in all nine.
Later, lawyer Monayem Nabi Shaheen told Prothom Alo that so far, there are a total of 9 cases against Khairul Haque. He has been granted bail in all 9 cases. With his bail remaining upheld in the Banani Police Station case among the 9, there is currently no legal barrier to his release from jail.
Khairul Haque served as the Chief Justice from 30 September 2010, to 17 May 2011. The Appellate Bench led by him delivered a verdict on 10 May 2011, abolishing the Thirteenth Amendment of the Constitution.
Khairul Haque was arrested by police from his residence in Dhanmondi on 24 July last year. Later, he was shown arrested in the murder case of Jubo Dal worker Abdul Kaiyum Ahad, which occurred during the July mass uprising in Jatrabari, Dhaka. Since then, he has been in jail in connection with various cases.
On 2 July, the investigation officer applied to the court to show Khairul Haque arrested in the Banani Police Station case following his bail in eight separate cases. He was shown arrested in this case on 8 July.
According to Khairul Haque's lawyer, earlier on 13 May, Khairul Haque's son, lawyer Ashik ul Haque, filed a writ petition in the High Court challenging the legality of the process of showing him newly arrested in other cases following his bail in six separate cases.
Following the initial hearing of the writ, the High Court issued an interim order along with a rule on 17 May. The order directed that Khairul Haque should not be arrested or harassed without a specific case.
The state filed an application and a leave to appeal (an application seeking permission to appeal) seeking a stay on the High Court order. The state's application against the High Court's order, directing that Khairul Haque not be arrested or harassed without a specific case was disposed of by the Appellate Division with an order on 9 August.
The relevant rule was instructed to be disposed of in the High Court. Consequently, relevant lawyers stated that the High Court's order directing that Khairul Haque not be arrested or harassed without a specific case should remain in effect exclusively for him.
Meanwhile, the interim bail granted by the High Court in the Banani Police Station case (the ninth case), in which Khairul Haque was shown arrested, remains upheld today.