13 May 2012: Azam book application

In the afternoon, following the indictment order against Golam Azam, one of his defence counsels came to the dais and submitted an application on behalf of Gholam Azam seeking writing paper, pen, Quran, Tafsir, Biography of prophet, Hadith to accused from his family member and to allow him to receive and retain note during privilege communication.

Then Prosecution Zead-al-malum came to the dais and submitted his argument.

Zead-al-malum: My lord, for an under trial prisoner, Jail authority will deals with this matter according to the Jail code. Without going to the Jail authority directly came to the tribunal is not acceptable.

Justice Nassim: But they have claimed that they went to the jail authority first.

Zead-al-malum: No, they did not go. If they would go, then there must have a document. There is no basis of their submission. And it is not fair also to submit in every week application for privileged communication.

Justice Nizamul Haq: It is not correct that in every week same application is submitted by the accused. If accused feel that they need privilege communication then they are allowed to submit application.

Order Given by Justice Nizam (summary)

This is an application submitted by the defence counsels to allow written paper, pen, Quran, Tafsir, Biography of prophet, Hadith from his family members and exchange of notes during privilege communication.  

He further submitted that Professor Ghulam Azam is detained at prison cell of Bangabandhu sheikh Majibur Rahman Medical College. Therefore for his mental peace and time consumption he required to go through religious books. He also told that their requirement was denied by the jail authority then they come before the Tribunal and seek Order to allow Ghulam azam borrowing books available at the jail library.  

And prosecutor Zead-al-malum submitted that Jail Authority should deal with the matter according to the jail code, so there is no need to come before the Tribunal and further said that, two annexure which are submitted by the defence totally irrelevant with this application. Therefore this document should be left.  

Upon considering both sides, it is decided that, accused is now in custody of BSMMU in prison cell and he is old man of around 90 years, his requirement to pass time cannot be denied by anybody including tribunal. Let the written paper, pen, Quran, Tafsir, Biography of prophet, Hadith be allowed to be given to him by his family members through the jail authority. In case of supplying pen and paper is to be checked by the jail authority.  

In case of borrowing books, accused will make a list and give it to the jail authority so no Order will be passed in this case.  

Application for receive and retaining note will be considered at the time of making Order of privilege communication.  

And we do not know the purpose of Annexure A and Annexure B, One is statement of his wife and another is news report. Accused should be careful so that paper like this should not be annexed further. 

After this, the cross examination of the Sayedee investigation officer continued