Below is a summary of the order:
'This is an application filed by Mr. Abdus Sobhan who is in jail by the order of this Tribunal. Under an application by the Prosecution the Tribunal has passed an order to arrest him. An application has been filed on behalf of him by the learned counsel Mr. Abdur Razzaque in regard to his bail. The counsel has submitted that the petitioner is the Nayeb Ameer of Jamate Islami. He has been elected as the member of the parliament for 5 terms. In the eighth Parliament, he has been elected as the member of a parliamentary committee. The counsel further submits that the petitioner is an educationalist and philanthropist. He is the founder of many educational institutes in Pabna. He has also founded several charitable organizations.
On 20th September, 2012 the petitioner has been arrested near the Bangabandhu Bridge in regard a case of 2003. The counsel further submits that the petitioner is an 84 years old man and suffering from several diseases. Abdur Razzak then submitted that this detention is for collateral purpose. He further submits that- the petitioner has not been produced to the nearest Magistrate within 24 hours of his arrest. Then the counsel prayed that for the above mentioned grounds the 84 year old petitioner may be granted bail. The Counsel also submits that the petitioner is ready to surrender his passport. He will also obey all the relevant orders of the Tribunal. He also submits that- there is no chance to misuse the scope of bail if granted.
The prayer was opposed by the learned Prosecutor Hrishikesh Shaha. He has submitted that- the ICT Act 1973 does not allow any scope to grant anyone in bail except what the Tribunal think it necessary. He has said that the accused may interfere in normal proceeding by misusing his power.Then Tajul Islam asked the Tribunal to add the part of the defense argument, and in response the Tribunal has added the following lines in the order.
We have heard both the Petitioner and the Prosecution and perused the application. He has diseases and he is an aged man. But we have not received any supporting medical records of his ailment. Mere old age is not sufficient to enlarge someone in bail. And in case if the accused has not been produced within 24 hours then in that case they might pray for that on that time. We don’t find that taking him in custody is malafide and malafide is a point which is to be established by law and fact. The prayer of the arrest of the accused has been granted after being satisfied on the relevant grounds. We don’t find any ground for enlarging him on bail. So the prayer is rejected.
Mr. Abdur Razzak has further submitted that this arrest is a malafide one. The petitioner is a political person and he is the 9th man who has been arrested from the same group, because Jamaat-e-Islami is part of the opposition of the present Government.