Appellate Division to the Supreme Court (SC) has upheld a High Court order granting six weeks' bail to BNP's Acting Secretary General Mirza Fakhrul Islam Alamgir in three violence cases filed with the capital's Paltan police station. The BNP leader has been given bail on health ground.
A four-member bench of the Appellate Division headed by Chief Justice passed the order after hearing a petition of the government asking for stay on the High Court's bail order. Now there is no legal bar left set the BNP leader free, his lawyers say.
The court also allowed him to go abroad for better diagnosis. Fakhrul, in jail for six months, has been under medical treatment at the BSMMU. He, however, will have to surrender before the trial court again on expiry of the six-week period.
The apex court gave the judgment on the basis of a report submitted by a five-member medical board formed for Fakhrul's treatment, the state lawyers said.
Additional Attorney General Murad Reza said the BNP leader had been given bail on medical considerations and he would not be able to involve himself in other activities.
Mirza Fakhrul's lawyer Khandaker Mahbub Hossain told the reporters that there is no legal bar to his client's release from jail following his bail in all the cases, including the three related to violence.
Earlier on July 9, the court directed the BSMMU authorities to form a five-member medical board to conduct Mirza Fakhrul's treatment and submit a report on his physical condition by 3:00 pm on July 12.
It also fixed July 13 for passing order on the government's petition against a High Court order granting bail to Fakhrul in the cases.
Earlier on June 18, the High Court granted bail to the BNP leader in the three cases for violence.
Two of the cases were filed with Paltan Police Station while another with Motijheel Police Station.
On April 16, Mirza Fakhrul secured six months' bail from HC in another case filed with Paltan Police Station on January 4 for allegedly carrying out arson attack and vandalism.
On the same day, the court issued a rule asking the authorities concerned why Fakhrul should not be given bail in three other cases.
He was admitted to Bangabandhu Sheikh Mujib Medical University Hospital on June 13 following a HC order.
On January 6, plainclothes police picked up Fakhrul as he came out of the Jatiya Press Club after nearly 25 hours of stay there following BNP's announcement to observe January-5 as 'Democracy Killing Day', protesting the 10th parliamentary polls held on the day.