Tuesday, July 3, 2012

25 Apr 2012: Chowdhury application rejected

Following application of the Chief Prosecutor, the Tribunal transferred the case of Mr. Ali Ahsan Mujahid to the International Crimes Tribunal-2.

Justice Nizamul Huq passed an order relating to Salauddin Quader Chowdhury: (summary)
The accused petitioner has filed two applications. One is about the review of the Order of 13th March, 2012 and another one is about to recall and edit the indictment order of 4th April, 2012
Mr. Fakhrul Islam on behalf of the accused petitioner contended that whether he might be brought under the ambit of the amended Act. In reply to the defence counsel, Mr. Zead Al Malum contended that- the counsel intentionally asked constitutional matters before this tribunal.

We’re in the view that the application of the Prosecution is acceptable. This tribunal has no power to pass any order regarding constitutional matters.

And regarding the order of 13/3/2012 we find no point to deviate the order. The submission of the counsel for the applicability of the act does not stand here.

We are in the view that the review application is rejected.

There was another recall application. Here either the accused has to plead guilty or not guilty. If the accused finds that- if he plead guilty other than not guilty in that case if there was any benefit; then he could ask for the alteration of the order. So here we sustain the words ‘not guilty’.

So the application is rejected.
Fakhrul Islam [Defence Counsel]: May I proceed. My Lord, Today we know, the review application has been rejected, so we pray for six months to get ourselves prepared. And another point is that- Mr. Salahuddin Quader Chowdhury is suffering from Dental Pain so he needs proper check up before his doctor.

Justice Nizamul Huq called the police officer and asked whether there will be any problem to visit the doctor of Mr. Salahuddin Quader Chowdhury at BSMMU Medical University whilst sending him back to the Prison.

Zead Al Malum, the Prosecutor, said that there is no system like this.

Justice Nizamul Huq asked Mr. Abdur Razzak whether it could be done?

Barrister Abdur Razzak said that Mr. Salahuddin Quader Chowdhury is a respectable person. If the security officers think it safe then they can take him to the hospital.

Justice Nassim then passed the following addition to the order:
After passing the order; Mr Salahuddin Quader Chowdhury submits that- he needs immediate treatment for his dental pain. Before taking back to the Prison he needs to go to BSMMU Hospital.

Mr. Razzak submits that he may be allowed to visit his doctor. Mr. Zead Al Malum submits that- it requires some procedures to be followed.

After hearing both the parties we are of the view that the Jail authority may be directed to take initiatives for his treatment of teeth. The Gazipur Jail authority is directed to take immediate initiatives before next morning.

Let the order be communicated to the Jail superintended over fax and phone.

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