Justice Nizmaul Huq passed an order on the previous day's bail application for Golam Azam. Summary is below
This is an application for bail filed by the accused petitioner Mr. Gholam Azam. Mr. Abdur Razzak appearing on behalf of the petitioner has submitted that although many things have been stated in the application but he has highlighted one point. That is, holy Ramadan is coming and Mr. Gholam Azam is an old man. He wants to perform ‘Etekaf’ and the rozas as well. For a long while he is performing these except on the year 1992 when he was detained in the prison. It is believed by the accused petitioner that it might be his last Ramadan in his life. To perform the rozas and ‘Etekaf’ he has prayed for bail for some days upto the Eid-ul-Fitr. Mr. Zeyad Al Malum the Prosecutor has opposed the prayer for bail by submitting that normally on these sorts of cases the accused is not enlarged on bail and the ICT Act does not allow anyone to enlarge on bail. Roza and Etekaf is not a good ground for enlarge someone on bail. The Prosecutor also contended that- it is admitted- in 1992 when he was in custody, he didn’t performed the roza and Etekaf. So, the accused should not be enlarged on bail.
We have heard both, considering both the submission – it is a fact that in the last year same sorts of application has been moved for Mr. Motiur Rahman Nizami to perform Roza and Etekaf. We consider that the Tribunal has considered these sorts of application previously. On 1-8-2011 the Tribunal has considered and rejected the bail petition for Mr. Nizami on this ground. On that case we have considered the prayer of Mr. Tajul Islam on the effect that- ‘the Ramadan is knocking at the door and Mr. Nizami would like to perform Roza and Etekaf. So he is ought to be enlarged on bail.’ The Tribunal has also considered the contention of Mr. Haidar Ali that- ‘the accused is free to perform roza in the custody’. Considering these two submissions we have found that- this is nor a ground for bail. But if the Jail authority considers he may perform Etekaf at the Jail.
In this case Mr. Gholam Azam is in BSMMU Hospital and is under treatment. We don’t know whether he is allowed to perform roza and Etekaf at this physical condition; but we don’t want to comment on this matter. If he wants to perform roza and Etekaf and the doctors allows there is no bar to perform the same. We have also found that this is not a good ground for bail. If it is possible- under whom he is detained that is the Jail and the Hospital authority may allow him to perform Etekaf. With this the prayer is rejected.