Dhaka metropolitan magistrates, who granted remands for Pori Moni, have been asked to explain on what ground remands were granted. Magistrates would be asked to appear before the court if their answers are not satisfactory.
The investigation officer in the case has been asked to appear along with case file including CD before the court on 15 September to explain the cause of remand prayer and his position.
The High Court fixed 15 September for the delivery of next order.
Earlier, rights organisation Ain o Salish Kendra (ASK) filed a petition seeking a suo motu rule on the day remand granted to actress Pori Moni at the High Court 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.
On 31 August, Dhaka metropolitan sessions judge magistrate KM Imrul Kayes granted bail to Pori Moni.
On 4 August, Rapid Action Battalion (RAB) arrested Pori Moni after a raid at her residence in the capital’s Banani area.
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 25 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.
The petition seeking a suo motu 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 High Court on Wednesday raised question on the abuse of power in granting remand to film actress Pori Moni.
“Investigating officer pleaded for remand without the elements for remand and you magistrate granted it. It cannot happen in any civilised society. Remand is an exceptional matter,” the High Court said during a hearing on the remand granted to Pori Moni on Wednesday.
The High Court virtual bench comprising justice Mustafa Zaman Islam and justice KM Zahid Sarwar made this observation.