AG to consider bail for accused in remand for over 4 years

By T. Farook Thajudeen  

The Supreme Court asked the Attorney General to consider consenting bail for two accused imprisoned in remand for over 4 years in a High Court Trial at bar case.  
The matter came up before the Supreme Court against the order of the Court of Appeal refusing to grant bail to the two accused aged 80, Rasheed Ibrahim who is in remand for 4 years and 6 months and presently ailing from multiple health complications and 18 year-old Ahkam Akram who is remand for 4 years and 2 months, pending trial.  
The Supreme Court bench comprising Justice Murdu Fernando PC, Justice A H M D Nawaz and Justice Priyantha Fernando made this suggestion and re-fixed the appeals for argument on 13th October 2023.  

The two accused had applied for bail from the Court of Appeal under the original jurisdiction provisions vested in the Court of Appeal by Article 138(2) of the Constitution.  
During the Supreme Court inquiry M. M. Zuhair PC, appearing for the two accused, submitted that the accused had no previous convictions and that 4 ½ years is an excessively long period of confinement against two accused by depriving the accused of a fair trial.  

Counsel Zuhair PC contended that the Attorney General had unreasonably withheld consent to bail, punishing the accused even before any trial had commenced by violating the presumption of innocence laid down as a fundamental right. He underscored the fact that presiding High Court Trial- at- Bar Judge had also asked the prosecution at one of the sittings, as to how long they were trying to keep the accused in the case in remand.