Monday, July 2, 2012

25 Mar 2012: Azam food revision request

It was the 2nd anniversary of the International Crimes Tribunal. At 10:35 A.M. the tribunal members took their respective seats. Justice Anwarul Haq has replaced the position of Justice Fazle Kabir, who has been assigned as the Chairman of the newly formed International Crimes Tribunal-2.

Defence counsel, Advocate Munshi Ahsan Kabir drew the court’s attention to an incident where one of the Prosecutors attended a Talk show on a television channel and expressed some unwanted words about the witnesses. It is not welcomed.

Justice Nizamul Haq said that he had not seen it, We are urging again and again that everyone should be very careful when you are going to express anything about the tribunal. When you talk to a television channel, you should be very cautious about your words.

Justice Nizamul Haq: Today we’ve completed the 2nd year of this tribunal. Another tribunal is scheduled to be run from today. From today we will be aided by the involvement of Justice Anwarul Haq as the replacement of Justice ATM Fazle Kabir who is the Chairman of another tribunal.

Barrister Abdur Razzak then rose in relation to the case of Gholam Azam. He told the tribunal that in relation to their application to supply home cooked food to the accused petitioner, on 6th March, 2012, the tribunal passed an order allowing it with the proviso that home cooked food should be examined by the prison authority and the authority would not be held responsible if any unwanted incident occurs to the petitioner after taking those food, thus his family members will be solely responsible, in case of that incident.

He said that anything could occur during the examination of the food. So it is not justifiable to make the family members of the petitioner responsible in case of the contamination of food.

It is our humble prayer to delete the phrase ‘at their own risk’ of the order of 6th March, 2012. The risk is too high for the family members of the petitioners.

Justice Nizamul Haq: Mr. Razzak; there are almost 50,000 on trial prisoners in the different jails; if we allow your prayer, then there will be a flood of chaos from the application of providing home cooked food for these each prisoners. Here in the case of this accused petitioner we have considered your application by considering the matter of his age and physical condition.

Defence: The order is very risky for the family members of the petitioner.

Justice Nizamul Haq: We would like to see whether our order can be observed in a dignified way. If something happens to the petitioner, then what would be the situation? We are placing our reliance on the administration of the country.

Defence: My Lord, when the food is changing from one hand to another hand, at this very time anything could happen. My Lord, his son could take the food and the food would be examined before his son.

Justice Nizamul Haq: Mr. Razzak, we have passed the order by thinking all ins and outs of the consequences. There are some restrictions and formalities about the entrance of the visitors. In this case, if we allow someone to get the chance to visit the petitioner by the means of providing food that could cause a problem?

Defence: My Lord, his son could stay till the examination and then he might not visit the petitioner.

Justice Nizamul Haq: Mr. Razzak, in my view the order has been appreciated. We will look after this issue afterwards.

Prosecutor, Zead Al Malum: The tribunal has passed an important order after considering a lot of sensitive matters of the accused person. But the modification which has been sought by the defence is so complicated. The prosecution highly objects to their application for the modification of the order. He said there was no scope to modify the order, and no scope to examine home cooked food in front of a 3rd party.

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