Narcotics case against Pori Moni: Next hearing fixed 10 October

A Dhaka court has fixed 10 October for the next hearing in a case filed against actor Pori Moni under the Narcotics Control Act with the Banani Police Station.

Dhaka Chief Metropolitan Magistrate court passed the order today after hearing in the case.

Actor Pori Moni appeared before the court in the hearing.

Pori Moni's lawyer Nilanjana Rifat said that the probe report in the case was scheduled to be submitted to the court today.

At the same time, Pori Moni had to appear before the court as well.

On 31 August, the Dhaka Metropolitan Sessions Judge Court granted bail to Pori Moni. The next day she was released.

On 4 August, RAB raided Pori Moni's home in Banani and arrested her. The RAB filed a case against her at the Banani police station under the Narcotics Control Act.

The actor was denied bail several times and remained imprisoned in custody for 27 days.

Against surmounting odds, on 21 August, in open court, Pori Moni begged her lawyers to submit another bail petition after the end of her third remand.

"Why doesn't anyone plea for my bail? I will lose my sanity, please plea for my bail," she begged.

Her lawyer filed bail plea on 22 August. But the court set 13 September to hold hearing on the plea.

The High Court at that time strongly denounced the role of the magistrate and police over putting actor Pori Moni on remand three times in the same case.

"It needs to be checked that what evidence the investigating officer presented with the remand pleas and the reasons why the court granted the remands," the court said.

Later, the hearing was brought forward to August 31 following an order of the High Court.

In case of a non-bailable offence, the arrested person is not entitled to bail, but that does not mean that the window is shut for the person. The person may be released on bail if there is no reasonable ground for believing that s/he has been guilty of an offence punishable with death. Women, children and sick persons enjoy additional privilege as they may be released on bail even if there is reasonable ground for believing that they have been guilty of an offence punishable with death.

This means even an accused cannot be denied their right to life and personal liberty. This is one of the fundamental rules for fair trial.

Pori Moni has not been granted relief in light of the law as two lower court judges refused to grant her bail exercising their discretionary powers.

The charge against Pori Moni – alleged possession of 18 litres of liquor and LSD– is non-bailable. So, she was not entitled to bail in accordance with Section 496 of the CrPC. But the offence she was accused of is punishable with a maximum jail term for five years – not the death penalty.

Sections 496 and 497 of the Code of Criminal Procedure uphold the constitutional provision stipulated in Article 32 that clearly says, "No person shall be deprived of life or personal liberty save in accordance with law."

So, in exercise of the discretionary power, the judges could have granted her bail under Section 497 of the CrPC. Moreover, being a woman she had the additional privilege to be granted bail.

But the lower court judges responded to the law enforcement agencies' plea and placed her in police custody for grilling and denied her bail. Even the judge kept pending her last bail prayer for 21 days without hearing.

On 26 August, the High Court had issued a ruling over the delay in hearing Pori Moni's bail petition and set 1 September for its hearing.

While the ruling was still pending, the Dhaka Metropolitan Sessions Judge's Court granted bail to Pori Moni on 31 August. She was released from jail custody the next morning.

Meanwhile, two lower court judges have apologised to the High Court for placing actor Pori Moni on remand several times in the case.