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21 June, 2018 00:00 00 AM


Bail forgeries raise concern

High Court orders investigation
Bail forgeries raise concern

Bail orders based on fake information and documents to secure the release of arrested persons and under-trial prisoners is worrying the judiciary. The High Court (HC) has come out strongly

against such incidents and ordered investigations.

Police arrested two persons—Ahmed Nur and Mohammad Rasel—from the Chittagong Sadarghat area after finding 90,000 pieces of yaba tablets in their possession in 2017.

The Chittagong metropolitan sessions judge started trial proceedings against the duo after the police submitted the charge-sheet in the case filed over the incident.

But the two accused came out from jail by procuring bail by filing bail pleas withholding the reason for their arrest.

After securing bail from the HC, they came out from jail as the fake bail orders were installed on the Supreme Court website.

The HC recently rejected their bail and ordered an investigation into the matter. It was found that the bail orders had been prepared in a related branch of the Supreme Court (SC).

It is impossible to fake bail orders unless officials of the related branch are not involved, say sources.

The SC administration said they will take stern action against the guilty officials if their involvement in the incident is proved. The HC expressed concerns over repeated incidents of bail forgery in the higher court. After cancelling a bail order, the HC recently directed the Criminal Investigation Department (CID) and the SC registrar general to investigate the matter.

The HC also summoned the general secretary of the Chittagong postal clerk union, Abdul Ahad, to appear before it on June 24 to explain his position in connection with the preparation of a fake HC order by forging the signatures of HC judges.

The HC bench came up with the order after identifying the bail forgery incident, which helped the two accused to come out from jail. Moreover, the HC identified four separate bail forgery incidents between May 23 and 24.

Following the discovery of a bail forgery incident, the HC, on May 28, banned an SC lawyer for six months for having bailed out two rape convicts from jail by furnishing false information and papers.

According to SC sources, a total of 40 cases have been filed by the SC administration in connection with incidents of bail forgery.

All the cases are now under investigation, the sources said.

Although the HC has taken a tough stand and the SC administration is working in line with the HC directive against the bail forgery offenders, such offence has not stopped completely due to lack of exemplary punishment, according to experts.

Experts said the HC should set a timeframe for conducting investigation and completing the trial of such offenders.Exemplary punishment should be ensured to prevent such forgeries, they added.

At times, criminals hide actual information from their lawyers. A section of beneficiaries are involved in making bail petitions based on false documents, sources said.

Talking to this correspondent, SC Registrar General Md Zakir Hossain said they would take against such offenders in line with the HC directives.

“Powerful persons were behind this racket. They are involved in this illegal business and make huge sums of money," he added.

In response to a question, Zakir Hossain said they are trying to eradicate the problem. “After conducting investigations in line with the HC directive, we have filed cases against those involved in bail forgery,” he added.

Former law minister barrister Shafique Ahmed said exemplary punishment should be meted out to those involved in the racket.

“The HC should set a timeframe to complete the investigations and trial proceedings. If the court ensures exemplary punishment for the offenders, such crimes will eventually stop,” he noted.

The senior jurist also said that people would lose faith in the judiciary if the HC fails to take stern action against the offenders.

Supreme Court Bar Association (SCBA) president Advocate Joynul Abedin told The Independent that they are against touts and cheats. “We don’t want to see the involvement of any lawyer in bail forgery. We will take tough action if anyone is found guilty,” he said.

“We have already formed an eight-member committee, headed by the vice-president of the SCBA, to look into the matter. If anyone is found guilty, stern action will be taken against him/her in line with the committee’s recommendations,” he added.



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Editor : M. Shamsur Rahman

Published by the Editor on behalf of Independent Publications Limited at Media Printers, 446/H, Tejgaon I/A, Dhaka-1215.
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Editor : M. Shamsur Rahman
Published by the Editor on behalf of Independent Publications Limited at Media Printers, 446/H, Tejgaon I/A, Dhaka-1215.
Editorial, News & Commercial Offices : Beximco Media Complex, 149-150 Tejgaon I/A, Dhaka-1208, Bangladesh. GPO Box No. 934, Dhaka-1000.

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