HC grants bail to mother witnessing her children's crying

The High Court on Wednesday granted six months' bail to a mother in a criminal case after its attention was drawn to news reports on their two children were constantly crying at a lower court premises in Dhaka for their detained parents.

The court also asked the authorities concerned to release the mother Washima Begum immediately from the jail custody.

The HC bench comprising Justice M Enayetur Rahim and Justice Md Mostafizur Rahman granted the bail and issued a suo moto rule following reports on Channel 24, different newspapers and online news portals on December 22 narrating the sufferings of the children in absence of their parents.

At the same time, the HC bench ordered to send the bail order to the jail through email and fax as early as possible.

The court also issued the rule asking the authorities concerned of the state to explain in four weeks why Md Tofail Ahmed, father of the children, and their mother Washima Begum should not be granted bail in the case.

Supreme Court lawyers Moniruzzaman Asad, Mohammad Shishir Monir and Kumar Debul Dey drew attention of the HC bench to the news reports along with relevant documents  for necessary order on the issue.

Lawyer Shishir Monir told journalists that they contacted with the magistrate court concerned following the High Court order. "Magistrate Mamunur Rashid said he was taking necessary steps to free the mother at the directive of higher court as soon as possible."

The case statement reveals that Washima Begum and her husband Tofail Ahmed used to live with their two children--aged three and a half years and two and a half years--at the home of Washima's mother Momena Begum in Old Dhaka.

In sequel to the family feud, the children's grandmother Momena Begum filed a case with the Bangshal Police Station against her own daughter Washima Begum and son-in-law Tofail Ahmed bringing allegations of theft in her house and beating her. Later, Bangshal police arrested them and produced them before Metropolitan Magistrate Mamunur Rashid's court in Dhaka on December 2.
Magistrate Mamunur Rashid later sent both Washima and Tofail to jail rejecting their bail petition in the case. Since then they have been in jail.

On December 22, neighbours brought the two children to the court. But, the magistrate again rejected their parents' bail petition in the case. Since then their children started crying profusely at the court premises.

The children are now with their neighbours.

SZA