SC seizes ‘judicial power’ of Judge Qumrunnaher

23 November 2021

Staff Reporter :
The Appellate Division of the Supreme Court on Monday seized the 'criminal judicial power' of former judge of the Women and Children Repression Prevention Tribunal-7 in Dhaka, Mosammat Qumrunnaher, in connection with a case in which she granted bail to a rape accused despite the apex court's stay order on it.
A five-member bench of the Appellate Division headed by chief justice Syed Mahmud Hussain passed the order while delivering a verdict in a rape case.
Earlier on the day, the judge appeared in the Appellate Division complying with its summon order in the case.
Supreme Court spokesperson Md Saifur Rahman issued a press statement in this regard. A full text verdict will be released later on the issue, according to the statement.
Contents of the court proceedings could not be known as no lawyer, official or media person was allowed in the courtroom during the proceedings.
After passing a controversial observation on Nov 11 over filing rape case the judge was withdrawn from the Women and Children Repression Prevention Tribunal and attached with the law and justice department of the law ministry. The Chief Justice also temporarily suspended her judicial power.
In a verdict delivered on Nov 11 the judge acquitted all five accused from the charges of a rape case filed with Banani Police Station. In the observation the judge asked the police not to receive a rape allegation for record if a victim comes to the police station after 72 hours of the incident. But it was missing from her written text of the judgment.
Judge Qumrunnaher also granted bail to a rape accused, Aslam Shikder, on March 2 last year despite a stay order from the Appellate Division. Then the Appellate Division of the Supreme Court summoned the judge over the matter.  
She was summoned to explain on what authority she granted bail to the accused. A four-member bench of the Appellate Division headed by the Chief Justice on March 12 last year summoned her to appear before it on April 2 in 2020 and to explain her position over the bail order.
The matter again came to the cause-list of the Appellate Division on Nov 15 and further came on Nov 22. After the Monday's proceedings Saifur Rahman issued the press statement.
A woman filed a rape case with the Hatirjheel Police Station against Aslam Shikder, a producer of ATN Bangla, a private TV channel, on September 13 in 2018. Police arrested him on that day and sent him to jail on the following day.
The High Court on June 18 in 2019 granted bail to Aslam Shikder in the case. But the Chamber Judge of the Appellate Division stayed the bail order granted by the HC following an appeal petition filed by the state.
Meanwhile, judge Qumrunnaher granted bail to accused Aslam Shikder on March 2 last year despite a stay order from the Appellate Division.
Former Attorney General Mahbubey Alam brought the matter of granting bail to Aslam to the attention of the apex court. Then the apex court summoned the judge after scrutinizing all the documents of the case. In continuation of that summoning the case came to the cause-list recently for hearing.
Aslam Shikder was acquitted in the verdict delivered by the trial court on October 14 last year. The state has filed appeal petition against the verdict.
The HC bench of Justice M Enayetur Rahim and Justice Md Mostafizur Rahman on January 20 this year accepted the appeal petition and called for all documents of the case from the trial court and asked Aslam to surrender. 

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