Prior to the prosecutor starting to set out his application for charge-framing against Golam Azam (see here to read about this), the chairman first read out the order for the matter of supplying homemade food to Professor Golam Azam. A summary of the order is set out below:
Mr. Abdur Razzak appearing on behalf of the petitioner Prof. Golam Azam submits that Professor Golam Azam is about 90 years old and suffering from old age complications. He also suffers from several other physical complicacies.Justice Nizamul Haq then asked the reporter of Banglanews to stand up and warned him about a headline that had been used on the website.
Upon rejection of the prayer of the bail, the petitioner was sent to Bangabandhu Sheikh Mujib Medical University, on the same date for medical treatment. The petitioner is in dire need of a special dietary treatment to ensure the proper condition of his health.
On 14th January, 2012; the applicants requested to allow home cooked food to the petitioner. But that application has not been allowed till date.
Based on the section-31 of the Prisons Act; Mr. Abdul Razzak opined that the petitioner as is an old man, he is to be supplied homemade food.
Mr. Zaed Al Malum appearing on the behalf of the Prosecution opposed this prayer. He submits that- the supply of food is under the jurisdiction of the Jail authority under Section-597 and Section-1238 of the Bengal Jail Code.
They’ve mentioned two rules; i.e. amended rule-597 & 1238. [Then he read out the rules].
Mr. Malum submitted that according to section 597 and section- 1238; it is the duty of the Jail authority to supply foods so that the prayer of the defence counsel should be rejected.
Moreover he referred to section-37, 38, and 39 of the Prisons Act; which deals with the Prisoners.
We’ve perused those sections also. Upon perusal of section-31 of the Prisons Act and the argument of the Prosecutors we find that an unconvicted prisoner should be allowed, in that case. Although Rule-597 and 1238 deals with providing food to the prisoner, it does not prohibit the food from outside.
Upon perusal of section-31 and the rules we agree that there is no bar to supply food to the unconvicted prisoner with condition that it must be examined by the proper authority.
We’ve considered the physical condition of the person. He is an old man. The accused petitioners may be allowed but it must be examined by proper authority. After taking this home cooked food, if his health deteriorates; then no question will be allowed against the Jail authority.