Appeal courts asked not to grant bail

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The Supreme Court (SC) yesterday ruled that appellate courts, also including High Court, do not have the jurisdiction to grant bail to those convicted by special graft courts under the Emergency Power Rules (EPR).

Headed by Chief Justice Mohammad Ruhul Amin, the seven-member full bench of the Appellate Division of the SC delivered the significant judgment following appeals of the Anti-Corruption Commission (ACC) against HC’s bail order to corruption convicts barrister Sigma Huda and barrister Mir Helaluddin.

Upholding the ACC appeal, the SC said when an appeal against a special court’s verdict in a corruption case under the EPR is referred to the appellate court, no bail can be granted to the appellant until disposal of the appeal.

The SC judgment also said the appellate court may grant bail to the appellant in cases of short sentence–if the appellant is ill and if the appeal could not be heard in the stipulated 90 days for no fault of the appellant.

But the illness will have to be certified by a medical report of a duly constituted medical board, the court mentioned categorically.

As a result of yesterday’s SC judgment, the HC orders granting bail to Sigma and Helal were cancelled, ACC lawyer Advocate Anisul Huq told The Daily Star after receiving the verdict.

On December 13 last year, an HC division bench comprising Justice M Mozammel Hossain and Justice Syed AB Mahmudul Huq granted bail to convicts Sigma Huda and Mir Helaluddin following separate petitions.

It was the first time that the HC granted bail to convicts tried and punished by a special court under the EPR.

On August 27 last year, a special court sentenced Sigma Huda, wife of former BNP minister Nazmul Huda, to three years’ simple imprisonment and her husband to seven years’ rigorous imprisonment.

Helal had been jailed on July 4 for three years for aiding and abetting his father, former state minister for civil aviation and tourism Mir Nasiruddin, in amassing property illegally.

According to some provisions of section 11 of the EPR, a higher court must adjudicate any appeal against a lower court verdict on a corruption case within 90 days of filing the appeal.

The rules also state that the HC cannot stay a lower court verdict on corruption cases or release on bail such a convicted person until the adjudication of their appeal.

However, granting bail to Sigma and Helal the HC said according to its jurisdiction it can grant bail to convicts in cases under the EPR when their appeal against the conviction is pending.

Asked if yesterday’s SC verdict restricts the HC’s jurisdiction of granting bail in this regard, ACC counsel Anisul Huq said the judgment is the interpretation of some sections of the EPR.

Advocate Khandaker Mahbubuddin Ahmed moved for Helal while Advocate Mahbubur Rahman and barrister Azmalul Hossain moved for Sigma in this case.

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