Lawyer seeks SC clarification on EPR bail
Thursday, 29 May 2008

A lawyer filed an appeal with the Supreme Court Wednesday, urging it to clarify its ruling against the High Court granting bail to detainees in EPR cases under investigation.

The hearing will be held in the full bench of the Supreme Court Thursday.

SC advocate Idrisur Rahman filed the appeal with the court of Appellate Division chamber judge MA Matin.

In the appeal hearing, Dr Kamal Hossain said: "The SC verdict has aroused wrong concepts. We have got a clear idea after getting the copy in hand."

The court asked him whether it could consider such an appeal, to which Kamal replied that the appeal had been filed seeking reconsideration and explanation of the verdict to remove confusion.

"The Supreme Court had considered such appeals in the past," he said.

Idrisur Rahman in his appeal said that the SC had approved the government appeal against the HC granting bail to detainees held under the emergency powers rules.

"The High Court will not be able to allow any bail petition of the detainee filed under the EPR, it was published in the newspapers. After that, the HC is not accepting any bail petition filed under the EPR," Idris maintained.

Idris said that after getting a copy of the verdict, it was seen that the HC could consider bail appeals of the accused in only five categories. But there was discrepancy in the verdict, Idris added.

The conditions under which the bail pleas would be accepted were those in cases filed with ill-motive where the HC could consider the bail petition under section 16 (2) of the emergency powers rules.

The HC could also consider bail in some other cases filed under two sections of the EPR.

But there was still confusion that could be removed if the SC explained the matter by reconsidering the verdict.

After the hearing, Dr Kamal told reporters the verdict of the Appellate Division said that the HC could not grant bail to the accused held in EPR cases.

He said: "On getting the verdict copy, we have seen some scope there. That's why we have appealed to the SC to clarify the matter."

The SC on Apr 23 ruled against granting bail to detainees held under the EPR cases.

The HC had earlier ruled that it would be able to consider and allow bail to the detainees in the EPR cases.

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