22 Jul 2012: Quasem Ali jail division

The tribunal first passed an order concerning given division to Mir Kashem Ali in prison. Original application is here. Order summary is below

This is an application where the petitioner Mir Kashem Ali has applied for the division in Jail under Rule- 910 (1) and 910 (4) (2) of Chapter-27 of the Jail Code. Mr. Abdur Razzak has submitted that- the petitioner is a successful and respectable businessman. He is the founder of the Ibne Sina Trust and Diginto Television Channel and so many other organizations. It was also submitted that the petitioner was a member secretary of Islami Bank Bangladesh. The Petitioner is the director of the Ibne Sina Pharmaceuticals. He is also a highly educated person. The petitioner is now at the custody and entitled to division status at the Jail under the Jail Code. But the concerned authority has rejected to give him a divisional status thus he has come before this Tribunal.

Mr. Zead Al Malum on behalf of the Prosecution has submitted that- the Petitioner is an accused in the case; he is not a media personality or businessman in this respect when staying at Jail. The responsibility to allow him division status falls for the administration to take.

We have heard both the parties, it appears that- Mr. Abdur Razzak has applied for division status under the Jail Code. [Then he has read the Rule- 910(4) of the Jail Code.] In the petition it has been stated that- he is the President of central committee of the cultural affairs of Jamate Islami. That means he is the President of that following committee of Jamate Islami. Rule- 910(4)(2) shows that- the petitioners status is not complied with it. Whereas Rule- 910 (1) states that division-1 shall include all prisoners who by educational or other social status are entitled to higher status. And this aspect has not been disagreed by the Prosecution. The Petitioner satisfied the condition of Rule- 910 (1) of the Code.

Rule- 910(4) (2) though does not allow him to give division status but Rule-910(1) supports that- the petitioner under such status is entitled of having divisional status.

And a petition has been filed to the District Magistrate to allow him divisional status. But the divisional Magistrate has passed an order by stating that there is no direction on him from the Tribunal. We hope that- the District Magistrate will look after the matter.

With this when we have found that Mir Kashem Ali is a respected person under Rule- 910(1) of the Jail Code the authority is directed to allow him superior division in Jail.

Justice Nizamul Huq: Defence do you see, every order do not go against you. [in a smiling face.]

Then Mr. Tajul Islam has prayed for two weeks adjournment for the case of Mr. Nizami and the Chairman has settled the next date on 5-8-2012.

The tribunal then moved onto Sayedee's case.