19 Jun 2012: Quasem Ali bail order

The day started with Justice Nizamul Huq passing the order on bail following the previous day's application. Order summary below.

Accused Mir Quasem Ali has been produced before the Tribunal with the permission of the Jail authority. It is a case which involves the crimes against humanity. Mr. Abdur Razzak on behalf of the accused petitioner has submitted that the accused petitioner is a successful and respected businessman. He has obtained his M.A. degree from the University of Dhaka. He has been arrested by the order of this tribunal. He has been sent to the Central Jail. Previously he was admitted in the orthopedic department of the Apollo Hospital. He needs constant medication and physiotherapy for his betterment. He has also submitted that there is no reasonable ground that he will be convicted because the grounds are vague and the other reason for harass him is that the political party he belongs to is the opposition party at this moment. According to the accused he has been arrested on the false ground.

In reply Mr. Zead Al Malum submitted tha there are allegation against the accused for involving with serious crimes at 1971. The petitioner was the leader of the Islamic student organization which was involved with the atrocities at 1971. He has also submitted that the ICT Act does not allow bail, but the tribunal may by its own discretion be able to allow such bail; thus Mr. Zead Al Malum has opposed the prayer for bail.
We have heard both the sides.

It is a case which is involved with the crimes against humanity, war crimes, genocide. In the submission Mr. Razzak has opined that as this Tribunal has allowed one petitioner to get bail, so this petitioner ought to be allowed on bail. But the case of the previous petitioner and this one is not the same one, as the previous one is a very old man, who could not walk; the physical condition of the man is so weak. Although it has been urged by the defence that the physical condition of the present accused is not so good and he need treatment. The physical condition of the accused on bail and this one is not the similar.

We don’t find any reason to allow him on bail. So the prayer for bail is rejected.

The Investigation authority is directed to send the progress of the Investigation Report to Chief Prosecutor within 5th July, 2012 and the accused is to be produced on the same day.