The president and secretary of the Supreme Court Bar Association has lodged a petition with the top court seeking review of its guidelines that put a great hurdle on the High Court in giving anticipatory bail.
In the plea, Khandker Mahbub Hossain and AM Mahbub Uddin Khokon said the High court now expressed reluctance to grant anticipatory bail except in a few cases after the Appellate Division ruling.
Cancelling the anticipatory bail of BNP leader Khandker Mosharraf Hossain on February 24, the five-member apex court headed by Chief Justice Md Muzammel Hossain held that none should be granted bail on political ground.
The SCBA leaders, also officials of BNP, sought annulment of guidelines which in fact blocked the High Court in giving anticipatory bail to people in false and politically motivated cases.
Justice Hasan Foez Siddique, Chamber Judge of the Appellate Division, on Wednesday sent the review petition to the full bench of the top court.
Hearing of the plea is likely to be held on July 10, Khokon told the reporters.
The Appellate Division judgment said the HC must scrutinise the first information report (FIR) with expected diligence and should ordinarily be unwilling to grant anticipatory bail where the allegations are of heinous nature.
If the case primarily discloses an offense, the High Court should not verify any claim of the petitioner that the allegations are cooked up as such claims can only be determined through investigation.
The top court says the interest of the victim in particular and the society at large must be taken into account by the High Court for considering an anticipatory bail plea.
If the bail application satisfies these guidelines, the High Court should dispose of the application instantaneously by granting anticipatory bail, not normally exceeding four weeks, and the bail should not be in effect if charge sheet in the case is submitted, the ruling says.
