On 22 August, the sessions judge court set 13 September for the hearing of the bail petition. The next day, her lawyers filed for an early hearing.
As she did not get any remedy, on 26 August, Pori Moni filed a petition with the HC challenging the 22 August’s court order and seeking an interim bail.
The HC held a hearing on the petition the next day 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 HC 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.
And the HC held the hearing on Wednesday, 1 September.
On 29 August, rights organisation Ain o Salish Kendra (ASK) filed a petition with the same HC bench seeking a suo motu rule on the remand granted to actress Pori Moni.
The matter of remand to Pori Moni also came up during the HC hearing.
HC to give guideline on timeframe of bail hearing
Senior lawyer and ASK executive member ZI Khan Panna during the hearing said there are instructions of the Supreme Court on granting remand and Pori Moni was put on remand without following the instructions.
They hoped that the lower court would follow the top court’s instructions while granting remand. The instructions were followed only for those committed crimes against humanity and not for other citizens, ZI Khan Panna added.
The HC then said even there is a Supreme Court’s guideline but the lower court is not following it.
Pori Moni’s counsel Md Mujibur Rahman told the court, “He wants to say something about the second and the third phases of remand granted to her.”
He said, “Section 167 of the Code of Criminal Procedure (CrPC) and the instructions of the Supreme Court are not followed during the third phase of remand.”
The court then asked, “How long was she put on remand during the second phase?”
In reply, Pori Moni’s lawyer said, “Two days for remand were granted in the second phase. Besides, a four-day remand was granted in the first phase and a one-day remand in the third phase.”
The court then mentioned the sections 435 and 439 of the CrPC and asked the lawyers to read it out.
Deputy attorney general Abu Yahia Dulal then said the law states the lower court’s power to summon the documents.
The HC then told the lawyers, “So, we can call for and examine the records of the lower court’s proceeding.”
Senior lawyer ZI Khan Panna said, “Instructions of the Supreme Court should also be followed.”
The HC then wanted to hear from the state. Deputy attorney general Abu Yahia Dulal said, “There is no logic in placing her on remand for three times.”
Referring to the HC’s rule on the remand granted to Pori Moni, assistant attorney general Md Mizanur Rahman said, “The rule on the matter of fixing the date on the hearing of the bail plea after 20 days has been settled.”
The HC then citied another portion of the rule and said, “We will give a guideline on the timeframe of bail hearing by the metropolitan and session judge.”
Md Mizanur Rahman said, “The portion related to bail petition has become ineffective. Questions in the court have been raised over placing her on remand. The accused petitioner was placed on remand for three times and her remand has already been ended.”
At one stage, the court said, “She is not on remand anymore, what were the elements to place her on remand, we want the explanation. You (magistrate) abused the power and why did you do?”
The HC then said, “Investigating officer pleaded for remand without elements and you (magistrate) granted it. It can’t happen in any civilised society. Remand is an exceptional matter.”
The court then kept the matter to give its decision at 2:00pm
When the court proceedings began at 2:00pm after lunch break, deputy attorney general Abu Yahia Dulal said, “Attorney general will attend the hearing. I have talked to him, but he requested to hold it not today (Wednesday).”
The court then said, “We are not asking for anybody’s attendance and we will not serve a show-cause notice either.”
The deputy attorney general said, “It is the jurisdiction of the court.”
The court then told Pori Moni’s counsel, “Attorney general will attend the hearing. The state requested to hold it not today. It was granted and let the senior lawyer (ZI Khan Panna) know.”
On 4 August, Rapid Action Battalion 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 on remand. Pori Moni sought bail from the court later.
On Tuesday, Dhaka metropolitan sessions judge magistrate KM Imrul Kayes granted bail to Pori Moni. She was released from Kashimpur central women jail in Gazipur on Wednesday morning.