The Supreme Court yesterday upheld the High Court order granting bail to BNP Senior Secretary General Tarique Rahman and rejected the Government prayer to stay his bail.
Chamber Judge Justice M Joynul Abedin of the Vacation Bench of the Supreme Court gave the order after hearing the appeal from Attorney General Salahuddin Ahmed in the morning.
"The Government is directed to file regular leave to appeal," the Judge said, referring to four cases filed by the Government.
He advised the Government and Anti-Corruption Commission (ACC) to file review petitions against the standing Appellate Division judgment regarding bail on health grounds.
The rejection of appeal against High Court order filed by the Government and ACC removed all the obstacles to enlargement of Tarique Rahman, also the elder son of prime minister and BNP Chairperson Begum Khaleda Zia, on bail, according to his lawyers.
According to them Tarique Rahman is likely to be released sometime today, as they said all the legal hurdles have been removed following the Supreme Court order.
Emerging from the court, Barrister Rafiqul Islam Mian, a counsel for Tarique, told reporters that there is no more legal bar to the release of his client.
"Within 24 hours Tarique can walk to freedom," he said.
The Government, in a sudden move, submitted three more appeals to the Vacation Bench of the Supreme Court against bail orders for Tarique Rahman, in addition to appeals against three High Court bail orders on Sunday.
During the hearings, the Attorney General opposed Tarique's bail on health grounds, saying that the Government has been providing the ailing accused the best available treatment.
"Tarique enjoys the facility of the treatment he needs and is allowed to meet specialised physician according to his choice. So, he does not deserve bail for overseas treatment," the AG argued.
In throwing away the stay applications, Justice Abedin said, "I do not want to interfere into the High Court orders that granted bail to Tarique on health grounds on recommendation by the medical board."
He also observed that the High Court had granted Tarique bail "in the light of the Appellate Division's seven-point guidelines, which have become a law of the land."
Justice Abedin referred to the case of senior Awami League leader Mohammad Nasim and human rights activist Sigma Huda.
Reacting to the SC vacation court's order, AG Salahuddin termed it "disappointing".
Meanwhile, Nasir Uddin Ashim, another lawyer for Tarique, yesterday told reporters that Tarique Rahman was expected to be freed on Monday but his bail order has not reached the prison authority.
"We hope all the formalities in releasing Tarique Rahman will be completed by tonight (Monday night). He is expected to be freed by Tuesday (today) afternoon," he said.
Tarique Rahman, who is now under treatment at Bangabandhu Sheikh Mujib Medical University and Hospital, obtained four months' bail from the High Court in 12 cases, including the Zia Orphanage Trust case, ill-gotten wealth and tax evasion.
The Appellate Division granted him bail in another case involving Tk 21-crore bribery over the murder of a director of Bashundhara Group.
Meanwhile, bail bonds for cases against Tarique Rahman were submitted yesterday before the courts of Assistant CMM Golam Rabbani and Metropolitan Magistrate Md Moazzam Hossain.
Tarique was arrested on March 7 last year by the army-led joint forces during a drive against corruption after the 11/1 changeover.