The chairman reads out the following order relating to the modification of order given on 6 March relating to home cooked food (Summary). The application for modification was argued at the end of March
The accused Professor Golam Azam has been produced before the tribunal
Today is fixed for the modification of the order of 6th March, 2012. The application for modification is taken up. This application has been filed on 6th March, 2012. We’ve allowed the accused to be served with the home cooked food with some conditions. Till today no home cooked food has been supplied. Mr. Abdur Razzak on behalf of the accused has mentioned that in the order it has been mentioned that- in the event of supplying food to the accused, his family members will be responsible and food will be supplied at their own risk. Mr. Razzak has urged to delete this phrase. In the application it has been stated that the family of the accused apprehend that the food might be contaminated afterwards. It has also been contended that there would be a representation of family members when supplying food. Mr. Abdur Razzak has urged about deleting the words- “the family members would be held liable for if something unwanted happens afterwards.”
Mr. Zead Al Malum on behalf of Prosecution submitted that the tribunal is free to pass order. Section-31 of the Prison Act relates to this matter with the provision that is should be subject to the condition of the Jail authority.
We’ve heard both the parties- it appears that by the application of the defence on 6th March, 2012, the tribunal has passed an order to supply home cooked food with some conditions. The conditions may be stated as follows: the foods may be examined by the prison authority and the son of the accused is the person to supply food. The family members will be held responsible if something happen, and in that case the authority will not be held liable for anything.
It appears that till today the conditions has not been complied with. It appears that the accused has not been supplied with the home cooked food till today. Mr. Abdur Razzak stated that the family members don’t want to give any undertaking, that- if something happens they would be held liable.
Section-31 of the Prison Act says that the accused may be supplied home cooked food with some conditions.
We are still of the view that- the position of the accused has not been changed as the first day of his arrest. And we don’t omit the word “at their own risk”. We don’t find any reason to alter the order dated, 6th March, 2012. So the petition is rejected. If the party recognizes the matter then they would supply home cooked food.