A Supreme Court (SC) order yesterday virtually sealed the fate of those who were convicted in absentia for corruption but later got bail as the SC asked one such convict, former state minister for law Shahjahan Omar, to surrender to the lower court where he was tried.
If Omar surrenders, he would be sent to jail as the same court that had sentenced him earlier cannot grant him bail.
His case would now stand as a pointer to about 70 others, mainly politicians and businessmen, who were handed down sentences for corruption after the 1/11 changeover of power.
Those sentenced in absentia in the cases against them include Jatiya Party (Manju) Chairman Anwar Hossain Manju, former BNP lawmaker Nadim Mostafa, former Awami League (AL) legislators Mofazzal Hossain Chowdhury Maya, (Haji) Mohammad Selim, (Haji) Mockbul Hossain, Shamim Osman and Dr HBM Iqbal, Bashundhara Group Chairman Ahmed Akbar Sobhan alias Shah Alam, Orion Group Chairman Obaidul Karim and former BNP minister Saifur Rahman’s son Shafiur Rahman Babu.
A four-member bench of the SC, headed by Chief Justice MM Ruhul Amin, upon a leave to appeal petition filed by the Anti-Corruption Commission (ACC) stayed the High Court (HC) order that had granted bail to Omar and stayed his conviction in the case.
The lawyers concerned said following the SC order, Omar must have to go to jail on surrender before the trial court since it has no jurisdiction to grant him bail in this case at this stage.
The other convicts, who were sentenced in absentia but did not surrender to the trial courts and are not in jail, must have to surrender to the courts concerned, and suffer the same fate as Omar’s, the lawyers said, adding that the High Court (HC) now cannot grant bail to such convicts.
ACC’s panel lawyer Khurshid Alam Khan yesterday told The Daily Star that more then 100 people were convicted in the corruption cases and about 70 of them were tried in absentia. But most of the 70 convicts did not surrender to the trial courts in connection of the cases against them.
He said the apex court re-established that a fugitive-convict has no locus standi to seek bail from the HC on surrender without exhausting the trial court process.
Additional Attorney General (AAG) M Enayetur Rahim said he will very soon convey the SC order in the case of Omar to the special bench of the HC dealing with 16 bail petitions of 12 persons who were also sentenced in absentia.
He said all the courts in the country including the HC are bound to comply with any decision, order or verdict of the SC as per provisions of Article 111 of the Constitution.
The AAG however said the convicts have right to move fresh bail petitions before the HC after surrender to the trial courts.
Barrister Rafique-Ul Huq, a counsel for some convicts including Omar, told newsmen that he would suggest his clients to surrender before the trial courts concerned following the apex court order.
A division bench of the HC on February 23 delivered split verdicts on 16 bail petitions filed by 12 convicts. The presiding judge of the HC bench, Syed AB Mahmudul Huq, directed the petitioners to surrender to the trial courts within eight weeks and then seek bail from the HC. During this period, he said, the petitioners cannot be arrested or harassed.
But the other judge, Moyeenul Islam Chowdhury, ordered the 12 to surrender to the trial courts immediately to serve the sentences already handed down on them.
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