SC upholds HC bail for Manna

The Supreme Court yesterday upheld the High Court orders that granted bail to Nagorik Oikya Convener Mahmudur Rahman Manna in two cases, paving the way for his release.

Manna has been in jail for more than 21 months without trial.

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The apex court granted him bail until police submit its report to the lower court in the cases filed on charges of sedition and inciting the army.

It also asked Manna to surrender his passport, if not already seized, to the trial court.

A four-member bench of the Appellate Division headed by Chief Justice Surendra Kumar Sinha passed the order after disposing of two separate leave-to-appeal petitions filed by the government challenging the HC bail orders.

Shahdeen Malik, a lawyer for Manna, told reporters that Manna had been kept detained for about two years, but the police had not submitted any investigation report and that there was no progress in this regard.

The chief justice expressed discomfort, as the government's investigation was not satisfactory, the lawyer said, adding that it would be good if officials having good knowledge in law are appointed to investigate the cases.

There is no legal bar for Manna to walk out of jail following the apex court order, he added.

Additional Attorney General Murad Reza told The Daily Star that the SC had not gone into the merit of the cases against Manna, but upheld the HC orders on the grounds that he had been in jail for about two years and police were yet to submit any investigation report to the lower court.

He also said there was serious allegation against Manna of instigating the army to topple the government.

Shaikh Nazmul Alam, deputy commissioner of Detective Branch (North) of Dhaka Metropolitan Police, told The Daily Star that the investigation was on, and “we are collecting information and evidence”.

“He is an accused in a sedition case. Investigation into a sedition case usually takes a long time. We need more time to complete the investigation,” he added.

Contacted around 4:00pm, Proshanto Kumar Banik, senior jail superintendent of Kashimpur Central Jail-2, said that they did not release Manna as they were yet to receive the court's documents on his bail.

Necessary measures would be taken after receiving the documents, he added.

More than 20 hours after “plainclothes men had picked up” Manna from his niece's house in Banani around 3:00am on February 24 last year, officials said he was arrested by Rab members who handed him over to the Detective Branch of police.

Rab officials had then said Manna was arrested in a case filed with Gulshan Police Station for “trying to instigate revolt by the armed forces”. The arrest came days after his two telephone conversations were leaked.

In one conversation, Manna, also former organising secretary of the ruling Awami League, was heard talking to BNP leader Sadeque Hossain Khoka about strengthening the anti-government movement, among other issues.

The other call was made to an unknown person. During the conversation, the man asked Manna if he would like to sit with top army officers.

A Dhaka court on February 25 last year allowed the police to take Manna on a 10-day remand in the case.

Arguing against the remand petition, Manna had told the court, “Everything I said during my two conversations is already public. What additional information will you [police] collect from me when I have nothing new to say about this? There is no need for you to take me on remand.”

On the allegation of instigating the armed forces to revolt, Manna told the court he never said anything like that in the conversations.

The former vice-president of Dhaka University Central Students' Union also protested that during the conversations he talked about the need for dead bodies to intensify the anti-government movement.

But prosecutors said they needed to quiz Manna to know the names and addresses of those, including a Bangladeshi living in Australia, “involved in a conspiracy” against the government.

On the third day of the 10-day remand, Manna fell sick. He then filed a petition with the HC challenging the legality of the remand order of the lower court.

Following his petition, the HC on December 10 last year scrapped the lower court order that had placed him on remand.

On March 31 last year, following his another petition, the HC directed the prison authorities to admit the Nagorik Oikya convener to Ibrahim Cardiac Hospital in Dhaka immediately for treatment, as he had been suffering from different diseases, including cardiac problem and diabetes.

Following two separate bail petitions filed by Manna, the HC, on August 30 and November 10 this year, granted him permanent bail in the cases.

The government later on moved separate leave-to-appeal petitions before the Appellate Division challenging the HC orders.

The Appellate Division recently held hearing on the petitions and fixed yesterday for passing order on them.