Wednesday, November 14, 2012

19 Jul 2012: Kashem Ali jail division application

Razzak started reading out the application seeking jail 'division' [ie improved facilities] to the accused Mir Kashem Ali at the Prison.
1. That the petitioner is respected and peace loving citizen of Bangladesh. The petitioner is a successful and respected businessman. He is the Chairman and Director of Keari Limited, which is involved in real estate development business and tourism. He is also the Chairman and Director of Diganta Media Corporation Ltd which owns and operates The Daily Naya Diganta, a widely circulated Bangla language news paper and Diganta Television, a satellite television station. That the petitioner is the founding Trustee and Member responsible for Administration of the Ibn Sina Trust. Ibn Sina Trust is widely reputed as the pioneer in private sector health care services in Bangladesh. It was established with the aim to serve humanity with the income generated from healthcare services. The Trust now is running many charitable projects. 100% profit of the trust is plowed back for humanitarian causes.

2. That the petitioner was also the Member Secretary of Islami Bank Foundation, a sister concern of Islami Bank Bangladesh Limited, which was established for welfare of the deprived people of Bangladesh. Islami Bank Foundation operates 5 (five) hospitals in Bangladesh which provides medical health care at cost price. It runs 7 (seven) community hospitals with the partnership of local businessmen which provides low cost health care in Manikgonj, Faridpur, Rangpur, Dinajpur, Naogaon, Sathkhira and Jenidah. Islami Bank Foundation also runs the following institutes : (i) Islami Bank Medical College and Hospital, Rajshahi, (ii) Islami Bank Medical College Hospital Nursing Institute, Rajshahi, (iii) Islami Bank Institute of Health Technology, Rajshahi, (iv) Islami Bank International School and College, Dhaka, (v) Islami Bank Model School and College, Mirpur, Dhaka, (vi) Islami Bank Crafts & Fashions (Monorom), Dhaka(vii) Bangladesh Sanskriti Kendra (Cultural Centre), Dhaka, (viii) Islami Bank Institutes of Technology [in Dhaka, Khulna, Sylhet, Bogra, Chittagong and Savar], (ix) Islami Bank Girls’ Madrasah at Dhaka, (x) Quranic Language Institute, Dhaka, (xi) Islami Bank Homeopathic Clinic at Dhaka, Barisal, Rajshahi, Sylhet and Khulna.

3. Moreover, the petitioner is the Director (Markeitng) of Ibn Sina Pharmaceutical Industries. He is Chairman of Agro Industrial Trust. He is Member Secretary of Fouad Al-Khateeb Charity Foundation which runs the following projects: (i) Fouad Al-Khateeb Engineeing Works, (ii) Fouad Al-Khateeb Automobiles, (iii) Fouad Furniture. He is the life member of Society for International Development (SID), Bangladesh Chapter (An International Humanitarian Body) since 1983. He is the Chairman of Association of Multipurpose Welfare Agencies of Bangladesh which is the biggest Association of Bangladeshi NGOs. He is the Vice- Chairman of Industrialists’ and Businessmen Welfare Foundation, a global forum for Businessmen and Industrialists of Bangladeshi Origin, Currently it has representation from 20 countries. He is a founding trustee of Islamic Economic Research Bureau, a major think tank of Bangladesh on Commerce and Economics. He also holds management positions in the following institutions: (i) Allama Iqbal Sangsad; (ii) Islamic University of Chittagong, Member-Governing body; (iii) Darul Ihsan University; (iv) Center for Strategy & Peace Studies, Member; (iv) Islami Bank Model School &College, (v) Rabita Model College, Rangamati.

4. That the petitioner holds a Master’s Degree in Economics from University of Dhaka. He holds a diploma from Bangladesh Institute of Management (Former BMDC) of the Government of the People’s Republic of Bangladesh on “Management for Senior Non-Financial Executives”.

5. That the Petitioner is seeking the Hon’ble Tribunal’s direction upon the Deputy Commissioner, Dhaka, Jailer of Dhaka Central Jail and the Senior Jail Superintendent of Dhaka Central Jail (hereinafter jointly referred to as ‘the concerned authorities’) to grant Division-I status and facilities to the Petitioner (who is currently in custody in Central Jail., Dhaka in connection of the instant case) in accordance with Rule 910 of Chapter XXVI of the Bengal Jail Code.

6. That it is stated that the Petitioner enjoys a high social status as he is an established businessman and entrepreneur. He is regularly invited to international conferences and diplomatic events due to his high position in society. The Petitioner is Masters Degree Holder and has always enjoyed and is accustomed to a superior mode of living. He is entitled to Division-I status under the Jail Code. The concerned authorities have refused to grant Division-I status and facility under Rule 910 of Chapter XXVII of the Jail Code solely for the purpose of harassment and torture. The concerned authorities were provided with sufficient information and materials in order to grant Division-I status to the Petitioner. However, they failed to consider such materials and abused their discretion under the Jail Code. The Petitioner in this application has prayed for a direction upon the concerned authorities to grant him Division-I status and facilities, without which they will not grant him Division-I status to which he is legally entitled to.

7. That on 17th June 2012, the Petitioner was arrested pursuant to an Warrant of Arrest issued by this Hon’ble Tribunal. He is being detained in Dhaka Central Jail since then. The next date of the case is fixed on 12th August 2012 for Investigation progress report or submission of formal charge. The Petitioner is being held in custody together with ordinary criminals. He has not been granted Division –I status.

8. That on 20.06.2012, the Petitioner through his son Dr Muhammad Bin Quasem made an application before the Deputy Commissioner, Dhaka praying that he be granted Division-I status and facilities. It was stated in the applications that the Petitioner is highly educated and renowned bussinessman. It was also stated that he is accustomed to a life-style that entitles him to Division-I status. It was further submitted that since the Petitioner has been denied Division I status in Jail, he is suffering from a number of aliments. The application of the Petitioner dated 20.06.2012 is annexed hereto as ANNEXURES-“A” .

9. That on 28.06.2012, the Deputy Commissioner, Dhaka rejected the petitioner’s application on the ground that since there is no direction from this Hon’ble Tribunal to grant Division-I status, the Petitioner’s application has been rejected. The relevant portion of the Order dated 28.06.2012 states as follows:-

“ঢাকা কেন্দ্রীয় কারাগার এ আটক আসামি মীর কাসেম আলী, পিতাঃ মীর তৈয়ব আলী, সাং ২৮৭, দঃ মনিপুর, মিরপুর, ঢাকা-১২১৬ এর আন্তর্জাতিক অপরাধ ট্রাইবুনাল ০৮/২০১২ নং মকাদ্দমার আদালতের কোন নিরদেশনা না থাকায় আবেদন খানা না মুঞ্জুর করা হয়েছে”
The memo dated 28.06.2012 of the Deputy Commissioner, Dhaka is annexed hereto as ANNEXURE-“A(1)”.

10. That it may be mentioned here that under Rule 910(1) of Chapter XXVII of the Jail Code, where an under trial prisoner is educated and is accustomed to a superior mode of living he is entitled to be granted Division-I status. The relevant portion of Rule 910(1) states as follows:-

“Under-trial prisoners shall be divided into two divisions, viz, Division-I under-trial and Division-II under-trial. Division-I under-trial shall include all prisoners who by social status, education and habit of life have been accustomed to a superior mode of living .. ..”

Further, the Rule 910(4) further provides:

“(4) Notwithstanding anything contained in sub-rule (1) Division I undert trial prisoners shall include the following persons, namely:
(ii) Presidents and Secretaries of the Central Committees of such political parties who has got representation in the Parliament.
As stated above, that the Petitioner is Masters Degree holder. He has enjoyed a high social status as reputed bussinesman and enterpreneur. He has also always enjoyed a superior mode of living. Hence, the Petitioner is entitled to Division-I status under Rule 910(1). Further, the Petitioner is the President of the Central Committee for Cultural Affairs of Bangladesh Jamaat-e-Islami, which is a political party who has got representation in the parliament. Hence, the Petitioner is entitled to Division-I status under Rule 910(4)(ii).

11. Under Rule 910(1) of the Bengal Jail Code, the trial court i.e. in this caase, the International Crimes Tribunal, Dhaka is responsible for determining the entitlement of the Petitioner to be granted Division-I status. The relevant portion of Rule 910(1) states as follows:-

“The classification of under-trials will be done by the trying courts subject to approval by the District Magistrate…”

12. The Petitioner is 62 years old and suffers from long standing hypertension and diabetes. He suffers from a right knee tricompartmental osteo-arthritis with meniscus injury which results in severe knee pain. As a result of this ailment, the petitioner is unable to walk or move without walking stick. His medical condition is causing serious pain and suffering. He has not been provided with a bed and has to sleep on the floor. There is no high comode in the Jail except for Division-I prisoners. The Petitioner is forced to use a squat tiolet which is extremely inconvenient and painful for the Petitioner to use.

Wherefore it is most humbly prayed that the Hon’ble Tribunal would be pleased to grant Division-I status and facilities to the Petitioner under Rules 910(1) and 910(4)(ii) of Chapter-XXVII of the Jail Code and direct the the Deputy Commissioner, Dhaka, Jailer of Dhaka Central Jail and the Senior Jail Superintendent of Dhaka Central Jail to grant Division-I status and facilities to the Petitioner without any further delay and pass any further order(s) as it may deem fit and proper.

And for this act of kindness, that the Accused-Petitioner, as in duty bound shall ever pray.
The Chairman asked; ‘the matter lies with  the District Magistrate to deal with, so why do you want our interference?’ Then he asked Prosecution for his reply.

Mr. Zead Al Malum has contended that in respect of giving the division, jail code fixes the criteria to be ascertained by the District Magistrate. So, right at this moment the Tribunal has nothing to do with the matter of division. And he has also contended that- the defence has failed to produce any valid ground behind securing division to Mir Kashem Ali. Justice AKM Zaheer Ahmed has asked- whether the District Magistrate will pass the order by the direction of this Tribunal. Justice Nizamul Huq has asked- ‘I have only one simple question, whether the Tribunal can pass any order about this?’ Mr. Malum has stated that for the sake of justice Prosecution prays to the Tribunal not to interfere in this matter. The Chairman said to Mr. Razzak that the order will be passed on the next day.

After this a number of orders were passed relating to Sayedee

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