The High Court on Monday halted for eight weeks proceedings of the Speedy Trial Tribunal-5, the court which was hearing the Apr 29 arson case against 18-Party opposition alliance leaders.
The bench of justices Naima Haider and Muhammad Khurshid Alam Sarkar gave the order after hearing a petition by BNP leader Mahbub Uddin Khokon challenging the jurisdiction of the lower court.
It also questioned the legality of the formation of the tribunal and setting the jurisdiction of the judge through the order of the CMM, without issuing a gazette, and why the moves will not be declared conflicting with the Speedy Trial Tribunal's law.
The respondents, including the Law Secretary, Cabinet Secretary, Public Administration Secretary and Dhaka's Chief Metropolitan Magistrate Bikash Chandra Saha, have two weeks to answer the court.
Stay on tribunal, not case
After the order, Attorney General Mahbubey Alam told the court that criminals should not be allowed to walk free only because there was a procedural flaw in the case. "So it will not be right to give a stay order on the case."
In response, the judges said they had not stayed the proceedings of the case, but that of the tribunal.
After the hearing, defence lawyer Ahsanul Karim told journalists that the court has stayed judicial activities of the Speedy Trial Tribunal-5. "The proceedings of the case against the opposition leaders will remain halted also."
However, the Attorney General pointed out that the High Court had stayed the proceedings of the tribunal as they could not present the gazette of its formation. "I do not believe there is any problem in running the case in any other court."
Embarrassed
Earlier in the day, the bench of justices Mirza Hussain Haider and Kazi Md Ejarul Haque Akondo started the hearing but asked the petitioner's lawyer to shift the case to another bench at one point of the proceedings.
After the hearing started at the first bench, Deputy Attorney General Al Amin Sarkar told the court: "The Attorney General is supposed to argue in the hearing. He will arrive at 12pm. Let the hearing start then."
At one point of the discussion between the senior judge and the prosecution lawyer, the junior judge of the bench felt 'embarrassed'. The senior judge then said, "One of us is feeling embarrassed. We are giving the permission to move the case to another bench."
The bench, on Sunday, had set the hearing for 11am after the prosecution urged for more time on behalf of the Attorney General.
After moving the case to the bench of justices Naima Haider and Khurshid Alam Sarkar, the defence pointed out that the lower court had scheduled hearing witness accounts in the case for Tuesday.
President of Supreme Court Bar Association Zainul Abedin filed the plea for BNP leader Mahbub Uddin Khokon.
Khokon had filed the plea with the High Court on July 29 for a halt in the case proceedings and questioned the jurisdiction of Dhaka's Speedy Trial Tribunal which framed the charges in the case. The accusations were levelled against the opposition leaders on Apr 29 at Tejgaon Police Station.
The bench of justices Naima Haider and Muhammad Khurshid Alam Sarkar gave the order after hearing a petition by BNP leader Mahbub Uddin Khokon challenging the jurisdiction of the lower court.
It also questioned the legality of the formation of the tribunal and setting the jurisdiction of the judge through the order of the CMM, without issuing a gazette, and why the moves will not be declared conflicting with the Speedy Trial Tribunal's law.
The respondents, including the Law Secretary, Cabinet Secretary, Public Administration Secretary and Dhaka's Chief Metropolitan Magistrate Bikash Chandra Saha, have two weeks to answer the court.
Stay on tribunal, not case
After the order, Attorney General Mahbubey Alam told the court that criminals should not be allowed to walk free only because there was a procedural flaw in the case. "So it will not be right to give a stay order on the case."
In response, the judges said they had not stayed the proceedings of the case, but that of the tribunal.
After the hearing, defence lawyer Ahsanul Karim told journalists that the court has stayed judicial activities of the Speedy Trial Tribunal-5. "The proceedings of the case against the opposition leaders will remain halted also."
However, the Attorney General pointed out that the High Court had stayed the proceedings of the tribunal as they could not present the gazette of its formation. "I do not believe there is any problem in running the case in any other court."
Embarrassed
Earlier in the day, the bench of justices Mirza Hussain Haider and Kazi Md Ejarul Haque Akondo started the hearing but asked the petitioner's lawyer to shift the case to another bench at one point of the proceedings.
After the hearing started at the first bench, Deputy Attorney General Al Amin Sarkar told the court: "The Attorney General is supposed to argue in the hearing. He will arrive at 12pm. Let the hearing start then."
At one point of the discussion between the senior judge and the prosecution lawyer, the junior judge of the bench felt 'embarrassed'. The senior judge then said, "One of us is feeling embarrassed. We are giving the permission to move the case to another bench."
The bench, on Sunday, had set the hearing for 11am after the prosecution urged for more time on behalf of the Attorney General.
After moving the case to the bench of justices Naima Haider and Khurshid Alam Sarkar, the defence pointed out that the lower court had scheduled hearing witness accounts in the case for Tuesday.
President of Supreme Court Bar Association Zainul Abedin filed the plea for BNP leader Mahbub Uddin Khokon.
Khokon had filed the plea with the High Court on July 29 for a halt in the case proceedings and questioned the jurisdiction of Dhaka's Speedy Trial Tribunal which framed the charges in the case. The accusations were levelled against the opposition leaders on Apr 29 at Tejgaon Police Station.
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