The hearing started with Tajul Islam for the defense standing up and saying that they have two applications today relating to Sayedee's case. One is for adjournment and another is for bail. As we have applied to the home ministry already, if you would kindly hear us at 2 P.M. we would be grateful.
Justice Nizamul Huq: The matter of bail will be heard tomorrow. Say whatever you would like to say about adjournment.
Tajul Islam: My Lord; earnestly we need an adjournment for today and tomorrow only. Because on the last day from the rumor of Syedee’s death; I had to deal with hundreds of phone calls till 2 P.M. And one of my relative has died yesterday, so I have to observe some formalities. We are not well prepared today.
Mizanul Islam: I have submitted the adjournment petition as I have said what would happen in case of the absence of the accused petitioner already. The condition of the accused is still unchanged. And the person who was assisting us (Mr. Syedee’s son) is busy with his father’s hospital formalities. My condition is also like Mr. Tajul; as I also had to receive the phone calls to confirm the condition of Mr. Syedee. And personally I am so sick after being infected from an insect’s bite. So, My Lord, please adjourn the case.
Tajul Islam: A decision has been taken by the Ibrahim Cardiac authority that Mr. Syedee is seriously sick and he is to be transferred to the National Heart Foundation. But a Deputy Jailer has opposed the decision of transfer, and he said that there is no direction of transfer of the accused from Ibrahim Cardiac. So, My Lord, the process is being stopped there.
Haidar Ali [Prosecutor]: May it please Your Lordship. I have nothing to say about the treatment. He ought to be transferred where he could get proper treatment. But here I would like to say about the preparation of the Defence Counsels. They have their privileged communication, their documents are ready, and Mizanul Islam is saying that- he is sick; there might be other lawyers. We have an objection about the adjournment. The proceeding may run in its own motion on the absence of the accused.
Justice Nizamul Huq: I would like to say Mr Chief Prosecutor that Mr. Tajul Islam has said that the Deputy Jailor have said that he has received no order to send the accused to the National Heart Foundation. I would like to say you that you would kindly go outside of this Court Room and instruct the Jail Authority to take necessary measures to transfer the person. Immediate action should be taken.
Mizanul Islam: Learned senior Prosecutor has the above points in against the adjournment; but I would like to say that the privilege communication is not sufficient; and personally I am feeling ill from the infection; we all know the hazards of receiving phone calls- but I have to attend a hundreds of phone calls last day. So, by considering every matters- please consider two days for adjournment.
Justice AKM Zaheer Ahmed: So you would like to say you will never urge for this types of adjournment.
Mizanul Islam: I have not said so; My Lord. If it is required, then we might apply for it.
Justice Nizamul Huq passed the following order (summary)
Justice Nizamul Huq: The matter of bail will be heard tomorrow. Say whatever you would like to say about adjournment.
Tajul Islam: My Lord; earnestly we need an adjournment for today and tomorrow only. Because on the last day from the rumor of Syedee’s death; I had to deal with hundreds of phone calls till 2 P.M. And one of my relative has died yesterday, so I have to observe some formalities. We are not well prepared today.
Mizanul Islam: I have submitted the adjournment petition as I have said what would happen in case of the absence of the accused petitioner already. The condition of the accused is still unchanged. And the person who was assisting us (Mr. Syedee’s son) is busy with his father’s hospital formalities. My condition is also like Mr. Tajul; as I also had to receive the phone calls to confirm the condition of Mr. Syedee. And personally I am so sick after being infected from an insect’s bite. So, My Lord, please adjourn the case.
Tajul Islam: A decision has been taken by the Ibrahim Cardiac authority that Mr. Syedee is seriously sick and he is to be transferred to the National Heart Foundation. But a Deputy Jailer has opposed the decision of transfer, and he said that there is no direction of transfer of the accused from Ibrahim Cardiac. So, My Lord, the process is being stopped there.
Haidar Ali [Prosecutor]: May it please Your Lordship. I have nothing to say about the treatment. He ought to be transferred where he could get proper treatment. But here I would like to say about the preparation of the Defence Counsels. They have their privileged communication, their documents are ready, and Mizanul Islam is saying that- he is sick; there might be other lawyers. We have an objection about the adjournment. The proceeding may run in its own motion on the absence of the accused.
Justice Nizamul Huq: I would like to say Mr Chief Prosecutor that Mr. Tajul Islam has said that the Deputy Jailor have said that he has received no order to send the accused to the National Heart Foundation. I would like to say you that you would kindly go outside of this Court Room and instruct the Jail Authority to take necessary measures to transfer the person. Immediate action should be taken.
Mizanul Islam: Learned senior Prosecutor has the above points in against the adjournment; but I would like to say that the privilege communication is not sufficient; and personally I am feeling ill from the infection; we all know the hazards of receiving phone calls- but I have to attend a hundreds of phone calls last day. So, by considering every matters- please consider two days for adjournment.
Justice AKM Zaheer Ahmed: So you would like to say you will never urge for this types of adjournment.
Mizanul Islam: I have not said so; My Lord. If it is required, then we might apply for it.
Justice Nizamul Huq passed the following order (summary)
The accused Delwar Hossain Syedee has not been produced before the Tribunal. He is now in hospital. It is submitted by the defence counsel by filing an application for adjournment that after an order of adjournment on Monday the angiogram has been done on Mr. Sayedee. 4 blocks have been found after the angiogram; from the newspapers we came to know that among the four blocks, two of them are more than 90%. We have received the report from the Ibrahim Cardiac, where it has been stated that- two tests are required to be done; which are in their knowledge are available only at the National Heart Foundation in Bangladesh.
It has been stated that without any order of the Court the accused could not be sent to the National Heart Foundation. Having been informed about the matter, the Tribunal has asked the Chief Prosecutor to take necessary measures by consulting the Jail authority to transfer Mr. Delwar Hossain Syedee to the required Hospital. Mr. Haider Ali has informed the Senior Jail Superintendent about the matter and he has informed that the matter has been taken into consideration. We hope that the accused will be send to the National Heart Foundation for his proper treatment.
Mr. Mizanul Islam; the defence counsel has said that they require adjournment on two grounds- one is of the absence of the “Tadbirkar”- the son of Delwar Hossain Syedee. And the other is that- the health condition of Mr. Mizanul Islam is not good today. Rule- 43A of the ICT Rules of Procedures says that-
“43A. If the accused on bail fails to appear and or the accused being in custody refuses to come to Tribunal for any reason and or he could not be brought before the Tribunal due to his long ailment, the Tribunal shall have authority to proceed with the proceedings in presence of his counsel or pass any order which it thinks fit and proper.”
On considering the whole matters they have prayed for adjournment.
Mr. Sayedee is in Hospital and he has a long ailment of heart. Many orders have been passed by the Tribunal about Hospital authority and his health condition. Normally in other Courts adjournment is allowed in case of illness of the accused; but in this case it is not required to be present in case of ailment and Tribunal may run its own procedures.
We granted adjournment for several times. We don’t know when he will be available. For the ends of justice we are of the view that the trial can proceed now on.
For the other ground of illness of the defence counsel, we would like to say that he may take assistance from the other lawyers of his team.
With this the application of the adjournment is disposed off.
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