The High Court yesterday questioned the legality of a government decision to stand release District and Sessions Judge of Pirojpur Md Abdul Mannan.

The decision was made on Tuesday, hours after he passed an order to send former Awami League lawmaker AKMA Awal and his wife Laila Parvin to jail in three corruption cases.  

The HC issued a rule asking the law and justice division secretary of the law ministry to explain within a week as to why the decision about Judge Mannan should not be declared illegal.

The bench of Justice Tariq ul Hakim and Justice Md Iqbal Kabir came up with the suo moto rule after newspapers published reports on the law ministry's decision.

Eunus Ali Akond, a Supreme Court lawyer, placed the reports published by The Daily Star, Bangla dailies Prothom Alo, and Kaler Kantho before the HC bench for necessary orders.

The lawyer told the court that the government decision about Judge Mannan was an interference in the independence of the judiciary and contradicted the spirit of the separation of the judiciary.

The bench also fixed March 11 for hearing the rule, Eunus told this newspaper.

On Tuesday, the court of Judge Mannan ordered the authorities to send Awal and his wife to jail rejecting their bail prayers in three graft cases filed by the Anti-Corruption Commission last year.

The ex-MP of Pirojpur-1, also president of the district AL, is accused in all three cases filed for obtaining lease of khas (government) land using fake documents.

His wife is accused in one of the cases.

Judge Mannan passed the order when Awal and his wife appeared before it with bail prayers. Hours after the bail rejection, Judge Mannan was stand released and attached to the law ministry.

Joint District and Sessions Judge Nahid Nasrin, who has been given the responsibility of the acting district and sessions judge of Pirojpur, granted them bail later in the day after the couple moved a review petition, reports our Pirojpur correspondent, quoting Awal's lawyer Shahidul Haque Khan Panna.

Meanwhile, Supreme Court Bar Association Secretary AM Mahbub Uddin Khokon yesterday demanded resignation of Law Minister Anisul Huq and ACC Chairman Iqbal Mahmud over the incident.

At a press briefing at the SCBA auditorium, Mahbub, also a BNP joint secretary general, said the law minister "transferred Judge Mannan to ensure bail of former MP Awal".

The incident has eroded people's faith in the judiciary and damaged its image, he said.

He added that it appeared that a person could secure bail and their bail could be cancelled through the court on the government's directives.

Mahbub demanded the authorities investigate the incident of granting bail to Awal.

Contacted, Law Minister Anisul Huq told this correspondent that he had no involvement in the incident.

"He [Mahbub Uddin Khokon] has made the illogical demand of my resignation on false information," he added.  

Later at a press conference at his secretariat office, he gave an explanation of the government decision to stand release Judge Mannan.

He said the judge was withdrawn to bring under control the situation that developed over seeking bail by Awal and his wife.

"Judge Abdul Mannan was insolent and rude towards lawyers of Awal and Pirojpur Bar Association. The association lawyers decided to boycott the court, and people took to the streets. The judge has been withdrawn to bring the situation under control," Anisul said. 

He said rejecting the bail petition of an accused is the discretion of the court.

"But if the court behaves in such a manner and creates such a situation that the law and order and upholding of the rule of law come under question, then a step has to be taken. Under such circumstances, the step has been taken. There was no violation of law," the minister added.

He mentioned that the HC granted ad-interim bail to Awal and his wife, and the SC dismissed the appeals against the HC orders of bail.

In another development, Awal yesterday alleged that being influenced by SM Rezaul Karim, Pirojpur-1 lawmaker and also fisheries and livestock minister, Judge Mannan "illegally rejected their bail prayers".

At a press briefing in Pirojpur, he also alleged that the ACC had filed the cases being influenced by Rezaul.

Contacted, Rezaul told this newspaper that the allegations brought against him were completely false.  

Meanwhile, Transparency International Bangladesh yesterday expressed concern over the stand release of Judge Mannan and the couple getting bail from the acting judge hours later.

It considered the incident rare in the history of the country's judiciary, said a press release.

TIB Executive Director Iftekharuzzaman yesterday said the incident would further strengthen vested interest groups who want to establish the culture of impunity.

He urged the government and political leaders to shun such paths and take steps to make the judiciary independent.