26 Aug 2012: Azharul bail rejection order

The tribunal passed an order on the application of the petitioner Azharul Islam for bail (see summary below)

This is an application for bail of the petitioner Azharul Islam. We have heard counsel Abdur Razzak on behalf of the petitioner and Zead Al Malum on behalf of the Prosecution in details and perused the application. Abdur Razzak submitted on the bail petition by stating that-upon a warrant of arrest by the Tribunal the accused has been arrested and this petition has been filed on behalf of the Petitioner.
On 16th August, 2012 the petitioner has been released on bail of 11 cases pending in CMM Court. The counsel also submits that although there are no materials to connect the petitioner in this case he has been arrested.

Thus he seeks bail on the following 2 grounds: 1. The warrant is a malafide one: 2. On the cause of medical ground he is ought to be released on bail.

Since he has been enlarged on bail there is no ground of the accused of being absconded. There is no ground that he may abscond. Abdur Razzak further submits that having failed to detain him and only to keep the accused in the custody the Government which is against the Jamate Islami has initiated the proceeding. So, this being a malafide one he should be enlarged on bail. Second ground is for medical ground. He is a diabetic patient for 20 years. He further submits that the Jail doctor has prescribed him root canals for his teeth. And the accused is also in need to change his glasses. But the applicant is not allowed to visit the specialized Doctor for his ailment. As such considering his medical condition the counsel submits that he should be enlarged on bail.

Prosecutor Zeyad Al Malum submitted that the petitioner was the President of Islamic Chatro Sangha of Rangpur and was involved with atrocities of 1971. He further submitted that the ICT does not allow anyone to be released on bail if the Tribunal think that necessary. Though one of the accused has been enlarged on bail the Prosecutor submitted that the ground of malafide intention is not a reasonable ground.

For proper investigation when it appears before the investigation authority that it is necessary to arrest him then they have asked to the Tribunal for issuing an arrest warrant.

We have heard both the Defence and the Prosecution.

It is a case of crimes against humanity and other crimes as stated under ICT Act. There is no way to enlarge someone on bail if the Tribunal doesn’t think that necessary. But the Tribunal has introduced the provisions of bail for some grounds and already enlarged an accused on bail. It is found from the petition of the Defence that the City Scan and MRI along with other treatments are needed for his ailment. We have found that it could be done under the supervision of Jail Authority. Considering the benefit of the case we don’t find any ground for bail, thus the prayer is rejected.

In the medical reports we have found that the accused is needed to be checked with MRI, City Scan and other treatments. So, the Jail authority is directed for proper treatment in the post graduate medical hospital and if needed it is to be done outside the Jail in the required place. The Investigation agency is directed to inform the Tribunal by the Chief Prosecutor about the development of the Investigation. The Investigation agency is directed to submit the progress report by 14/10/2012 and the petitioner is required to be produced on the same day.

Then the Chairman asked Mizanul Islam about some documents that need to be provided by the Prosecution under section 9(5). Chairman said, in case when the copies would be illegible then the documents would have been inspected. Mizanul Islam said, The aim of the inspection is to take notes, the custom is the pencil notes should be taken. Prosecutor Mir Ikbal Hossain said that it should be stated which documents they would like to inspect, defence have only stated about the ID card, if they would like to inspect that they might do that. Chairman said okay we will look at the matter.