No govt instruction to appeal against Delwar’s bail

M Moneruzzaman

Tuba Group owner Delwar Hossain has obtained two months’ interim bail from a High Court bench after three other benches had denied him bail in July.
The bench of Justice Syed AB Mahmudul Huq and Justice Md Nazrul Islam Talukder on July 24 granted Delwar the bail for two months on his
application that he would pay wages to the workers of his factories that remained outstanding since February as he was in jail, the court’s deputy attorney general Shafiul Bashar Bhandari told New Age on Saturday.
Bashar also said he had received no instructions from the government to move the Appellate Division against Delwar’s bail.
There were allegations that Delwar had suppressed facts in obtaining the bail, which legal experts said, was tantamount to ‘fraud’ and ‘professional misconduct’ by his lawyer as per the Supreme Court of Bangladesh (High Court Division) Rules, 1973.
As per the Rule 6 of the General Rules for Applications and Affidavits stipulates, ‘When an application is made to the Court or to the Registrar in any matter in which any previous application was made to the Court or to the Registrar to the same effect, or with the same object, or with a similar object, the fact of such application having been made and the order passed thereon shall be clearly stated in the application.’
Earlier, in the same month, three divisional High Court benches chaired by Justice Naima Haider, Justice M Shawkat Hossain and Justice Borhanuddin respectively had rejected Delwar’s bail applications saying that those were not being pressed, said law officers concerned.
They said that attorney general Mahbubey Alam was present in the three courts where he had opposed Delwar’s bail saying a company could not stop functioning for a director being in jail as it had other directors.
Habibul Islam Bhuiyan, who moved one of Delwar’s previous bail applications, said the bench  of Justice M Shawkat Hossain and Justice Mustafa Zaman Islamin in its verdict had rejected the bail petition.  It would be tantamount to ‘fraud’ if Delwar obtains bail from another bench by suppressing information, he added.
DAG Shafiul Bashar said that he did not know if Delwar had suppressed fact. The latest bail application said nothing about the previous applications and subsequent orders, he added.
If it is found that Delwar has suppressed facts, I would appeal to the court to cancel Delwar’s bail, Shafiul said.
Delwar was still in Dhaka Central Jail as his bail order had not been signed by the judges till Saturday, said sources in the court.
Delwar’s lawyer AM Amin Uddin could not be reached for comments as he was now abroad.
Amin’s junior Munshi Md Moniruzzaman said it was not necessary to mention the status of Delwar’s previous bail applications as he had filed a fresh bail petition seeking revision of the lower court’s order that rejected the petition he had filed afresh for bail.
Delwar, also managing director of Tazreen Fashions Limited, has been in jail since February after he had surrendered in a case of homicide against him in connection with the fire at the apparel factory that had killed 112 workers in November 2012.

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