HC issues rule asking why Pori Moni’s bail hearing can’t be earlier

The High Court (HC) on Thursday issued a rule asking the Dhaka Metropolitan Sessions Judge's Court to show cause as to why actress Shamsunnahar Smriti's, popularly known as Pori Moni, bail plea in a drug case won't be heard sooner.

The court has set 1 September for the hearing of the rule.

The HC bench of Justice Mustafa Zaman Islam and Justice KM Zahid Sarwar issued the rule following the hearing of a bail petition submitted by Pori Moni's lawyers, for a case filed with Banani Police Station against the actress, under the Narcotics Control Act.

On 22 August, Judge KM Imrul Kayesh of the Dhaka Metropolitan Sessions Judge's Court set 13 September as the hearing date for the bail petition in the case. Challenging the lower court's order, Pori Moni's lawyer Mujibur Rahman has filed a new bail plea with the HC.

The HC in its rule also asked why the lower court's order for the hearing on 13 September on the bail petition should not be scrapped.

The court ordered state prosecutors—deputy attorney general and assistant attorney general— to relay the order to the lower court within 24 hours of issuing the rule.

At Thursday's hearing, advocate ZI Khan Panna and Md Mujibur Rahman represented Pori Moni in tcourt, while Assistant Attorney General Md Mizanur Rahman stood for the state.

In the bail petition filed with the HC, Advocate Mujibur said the case deposition was filed 28 hours after Pori Moni's arrest and she was remanded without the Supreme Court's directive.

"The order to hear the bail plea after 21 days was not appropriate. Under these circumstances, we are asking the HC to grant bail," he said.

However, Assistant Attorney General Md Mizanur Rahman said the lower court's order did not violate any laws, though the HC in its order said there were some irregularities with the order.

"Was it right to postpone the hearing on the bail petition for so many days? What's there to wait for so long? The court could have dismissed it, but it didn't. And if he did not have time for a hearing, he could have let the additional session judge hear the plea, but he did not. Nevertheless, customarily, in such cases (bail pleas) the HC and the session judge's court both have jurisdiction. Therefore, we are not granting bail at the moment, but we are issuing a rule," the HC said.

Pori Moni and her assistant Ashraful Islam Dipu, were arrested on 4 August by the Rapid Action Battalion (RAB) with a raid on her residence in Banani. Security forces reportedly also seized various narcotics from the actress's house. A case was filed against her and Dipu with Banani Police Station the next day. By 21 August she was remanded three times and was sent to jail.