Earlier in the day, the state filed a recall petition against one of GK Shamim's bail orders
The High Court has withdrawn the orders of granting bail to expelled Jubo League leader SM Golam Kibria Shamim, popularly known as GK Shamim, in two cases filed against him for possessing arms and drugs.
In the arms case, the bench of Justice A K M Asaduzzaman and Justice SM Mozibur Rahman gave the order on Sunday.
Issuing a supplementary cause list signed by bench officer Shahanaj Momotaj, the bench started the court proceedings around 1:15 pm, while one of the judges was sick.
During the day’s hearing, state counsel Deputy Attorney General (DAG) Fazlur Rahman Khan informed the court that the petitioner's name "SM Golam Kibria" was mentioned in this case paper. But, in the cause list of the February 6 hearing, the name was mentioned as "SM Golam”, which was intentionally done in order to secure the bail, said the counsel.
However, opposing the statement of GAG Fazlur Rahman, petitioner’s lawyer Advocate Momtaz Uddin Ahmed Mehedi claimed that the DAG was not present in the court during the first hearing.
While passing the order, the bench observed: "There had been confusion over the applicant’s name. We might have misunderstood on February 6. So, we have recalled (withdrawn) the bail order," the court said.
Earlier on Saturday, DAG Fazlur Rahman Khan told Dhaka Tribune that the state was not informed about the bail. “I have no information regarding this order. I also did not receive any file related to this bail petition, even about the hearing,” he said.
Seeking anonymity, another DAG told Dhaka Tribune that it is a must to serve a copy of the bail petition filed with the High Court to the AG office by the petitioner’s lawyers.
"Usually the officials of the concerned bench prepare the cause list,” the DAG added.
According to section 32 (c) of the Special Power Act, no bail petition will be granted until and unless both the parties are present during the hearing.
In the drug-related case, another bench of Justice Md Rezaul Haque and Justice Bishwadeb Chakraborty also cancelled their earlier order, passed on February 4, on the same ground, DAG Jannatul Ferdousi Rupa said.
In a reaction over the orders, Law Minister Anisul Huq told reporters: “GK Shamim got bail from the High Court in the cases, but the prosecution didn’t know about it, which is very unfortunate.
“If there was an exception, what the deputy attorney general said would be investigated,” said the minister.
On September 20, 2019, Rapid Action Battalion (RAB) arrested GK Shamim and seized Tk1.80 crore in cash, Tk165.27 crore worth of fixed deposit receipts (FDR), alcohol and firearms, from his Niketon office in Dhaka's Gulshan area.