Former chief justice ABM Khairul Haque and former Narayanganj City Corporation mayor Selina Hayat Ivy have remained in prison despite securing bail in all cases against them, highlighting persistent delays caused by fresh arrests and administrative complications.
In Ivy’s case, the delay has centred on the written copy of a court order.
According to her lawyers, the Appellate Division upheld her bail in 10 cases, but the written order has yet to carry the signatures of all judges because one justice is currently abroad. As a result, she has remained in jail for 15 days after securing bail.
Khairul Haque, meanwhile, faced a fresh obstacle after a court accepted an application to show him arrested in a new murder case shortly after he obtained bail, effectively blocking his release.
Supreme Court senior lawyer Sarwar Ahmed said the practice of implicating individuals in additional cases after bail undermines public confidence in the justice system.
“A person should be arrested and tried for the offence he or she actually committed. If someone is implicated in unrelated cases, public trust in the judicial process is damaged,” he said.
Police arrested Ivy from her residence in Narayanganj city on 9 May last year. She was later shown arrested in three murder and two attempted murder cases.
After lower courts denied bail in the five cases, she appealed to the High Court, which granted her bail.
Police later showed her arrested in five more cases, including four murder cases filed with Fatullah Police Station and another case filed with Narayanganj Sadar Police Station over allegations of assault and obstructing public officials from carrying out duties.
On 26 February, the High Court granted Ivy six months’ interim bail in the second set of five cases and issued a rule in the matter.
Although the state sought a stay on bail in all 10 cases, the Appellate Division upheld the High Court order on 10 May.
After securing bail in earlier cases, Ivy faced new appeals to show her arrested from police in two murder cases filed with Siddhirganj Police Station. The first one was submitted on 2 March and the second on 12 April. Both requests were accepted by the Chief Judicial Magistrate of Narayanganj.
The High Court granted Ivy bail in these two cases on 30 April, which the Appellate Division upheld on 17 May.
“The government is aware of the bail orders, which have been reported in the media. We have submitted bail bonds in each case. The authorities could release Ivy based on the existing orders without waiting for the signed written copies,” Ivy’s lawyer Motahar Hossain Saju told TIMES.
Former chief justice ABM Khairul Haque received bail from the High Court on 12 May in two murder cases linked to the July mass uprising. When the state appealed, the Appellate Division upheld the High Court order on 20 May.
Khairul Haque’s lawyer, Monayem Nabi Shaheen, filed a writ on 13 May seeking a directive that he should not be arrested or harassed in any new cases unrelated to the specific offences. On 17 May, the High Court instructed that he should not be shown arrested or harassed in any other cases beyond the identified ones.
A day earlier, police filed an application to show him arrested in the Khobaib murder case linked to the July uprising in Jatrabari. On 23 May, Metropolitan Magistrate Sarah Farzana Haque ordered that he be shown arrested in the case.
“The new case has blocked his release. He will need to obtain bail in this case as well to secure freedom,” said Khairul Haque’s lawyer Monayem Nabi Shaheen.
Khairul Haque faces a total of eight cases, including a murder case at Jatrabari Police Station, graft allegations over Rajuk plot purchases, and cases involving caretaker government rulings. He is also accused in two other murder cases from Jatrabari and Adabor police stations linked to the July protests.
He was first arrested from his Dhaka residence in Dhanmondi on 24 July last year. He was later shown arrested in a case involving the murder of Jubo Dal activist Abdul Kaiyum Ahad in Jatrabari.
