HC not satisfied with remand explanations on Pori Moni
Published : Thursday, 16 September, 2021 at 12:00 AM Count : 322
The High Court (HC) on Wednesday expressed dissatisfaction over the explanations of two magistrates of Chief Metropolitan Magistrate Court of Dhaka (CMM), who had placed actress Pori Moni in police remand for the second and third time in a narcotics case.
The two magistrates submitted their explanations and after examining it seems that they have not done any wrong, which has undermined the HC.
"As we are unsatisfied by the approval of the second and third time of remand because they (magistrates) violated the remand guidelines set up by the HC and the Appellate Division of the Supreme Court."
The virtual HC bench of Justice Mustafa Zaman Islam and Justice KM Zahid Sarwar Kajol expressed this dissatisfaction while holding a hearing on the explanations of the two magistrates regarding the remand of actress Pori Moni.
"The magistrates have
violated the Supreme Court guidelines and we are not satisfied with their explanations," the HC bench observed.
One of the magistrates highlighted a case study of a Dhaka University student committing suicide after taking LSD and other negative effects of drug use in his explanation.
The other magistrate said in his explanation that any deviation he made from conventional law in granting the two-day remand was not intentional, but was instead a mistake made in good faith.
Offering an apology to the HC in their explanations, the two magistrates said that they have ordered the police to execute the remand of Pori Moni in presence of a female police officer under the SC directives.
The magistrates also prayed to the HC bench to exonerate them from any proceedings, saying that they will remain more cautious during passing remand orders in future.
The judges also asked the investigating officer (IO) Golam Mostafa to appear before it on September 29 and fixed for further hearing and order on the same day.
Earlier, on September 1, the same HC bench had criticized the role of magistrate and police over actress Pori Moni's repeated remand saying that there was no need for a third phase remand in a case under the Narcotics Control Act.
It cannot happen in any civilized society, said HC.
A day later, the HC asked the two magistrates to explain why they had accepted the police prayer to remand actress Pori Moni for the second and third times in the narcotics case.
The magistrates of the CMM court were ordered to submit their explanation to the HC in 10 days.
The court had also summoned the IO to appear before the bench on September 15 along with relevant documents to explain why he repeatedly sought remand for the actress.
The virtual HC passed the order after hearing a petition filed by Ain o Salish Kendra (ASK) over the matter.
Pori Moni was arrested on August 4 following a raid by RAB in her residence. A case was filed against her under the Narcotics Act the following day.
Following the HC's intervention, a Dhaka court finally granted bail to the actress on September 1 and she walked out of jail the following day.