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The Supreme Court on Monday (15 January) upheld the High Court order directing the Chief Metropolitan Magistrate's Court in Dhaka to accept, hear and and dispose of the bail petitions of BNP Secretary General Mirza Fakhrul Islam Alamgir in nine cases.
A four-member bench of the Appellate Division of the SC headed by Chief Justice Obaidul Hassan dismissed the plea filed by the state challenging the HC ruling.
Justice Borhanuddin, Justice M. Enayetur Rahim, and Justice Md. Abu Zafor Siddique are the other three judges on the court.
The bench made the decision because, according to Fakhrul's attorney Sagir Hossain Leon, the state's petition had already been infructuous because the HC order from December 18 of last year had already been put into effect.
Mirza Fakhrul Islam Alamgir filed bail petitions with the relevant Metropolitan Magistrate's Court, and after the HC's order, the court granted him bail in nine different cases.
The nine cases were reported to the Paltan and Ramna Police stations about the violence that occurred on October 28, 2018, during the BNP demonstration in the capital.
Charges of killing a police constable, planning an unlawful assembly, vandalizing cars, rioting, stealing a police weapon, inflicting property damage, attacking police officers, and impeding their ability to perform their jobs were the basis for the filing of the proceedings.
On October 29 last year, Fakhrul was arrested in the case filed with Ramna Police Station over the attack on the residence of the chief justice during a clash with police on October 28.
Attorney General AM Amin Uddin appeared for the state while Advocate Md Asaduzzaman argued for Fakhrul.
Messenger/Sun Yath