Bail orders of the High Court Division were frequently stayed by the Appellate Division during the initial stage of the last military caretaker government, observed Justice Sharif Uddin Chaklader, who went on retirement yesterday.In his farewell speech he said that the Appellate Division of the Supreme Court was stand with a hammer to stay the High Court’s bail order during the last military caretaker government. All bail order of the HC was stayed by the apex court, he added.
“But, almost all of the political leaders got bail from the HC while it exercised the power of section 651 of the Criminal Procedure of Code (CrPC) as the HC is the sole authority to exercise this section. The way of election was cleared when the political leaders were released from jail after securing bail from the HC,” Justice Chaklader said.
“If I was depended on the Appellate Division at that time regarding the bail, none of the political leaders had secured bail at the time and they could not able to release from jail. A judge has to understand ‘which is rule of law and which is law of the rule’,” Justice Chaklader made these observations while the Supreme Court Bar Association (SCBA) and attorney general office offered him farewell reception at his courtroom.
He also said that the people of the country had to alive under the of ‘bruite law’ regime.
Justice Chaklader also said that many officials from different offices of the government were seen at the Supreme Court’s premises during the last military backed caretaker government. The then chief justice was silent even after giving posters against the High Court judges. But, the then HC Justice Shah Abu Nayeem Mominur Rahman had played a great role to eliminate the posters from the apex court premises, Justice Chaklader added.
Justice Rahman granted bail for the first time to the present Prime Minister Sheikh Hasina and the door of the bails were opened slowly one after another, Justice Chaklader added.