4 Nov 2012: Molla hospital orders

After completion of cross examination of last prosecution witness, the tribunal passed the following order on an application by Molla's defense lawyers

The defence has filed an application containing as many as three prayers including the prayer seeking an order to permit accused Abdul Quader Molla to undergo cardiac treatment in the Ibrahim Cardiac Hospital at his won cost, with reference to order dated 11.10.2012 of the Tribunal. The learned defence counsel Mr. Abdur Razzak who has urged for a necessary order today only on the prayer seeking a direction to the jail authority for arranging treatment of the accused in the Ibrahim Cardiac Hospital'. Taking the submissions made by the leamed defence counsel into account the application is heard in part, i.e only in respect of medical treatment of the accused. We have gone through the order dated 11.10.2012  of the Tribunal which goes to show that the Tribunal directed the jail authority to do the needful in compliance with this order and it permitted the accused to have medical treatment in BIRDEM, at his own cost. It has been further contended in paragraph 14 of the instant application that following the oral advice of the doctor of the BIRDEM, cardiac department, the jail authority took the accused petitioner to Ibrahim Cardiac Hospital. But without any written order from the Tribunal the doctor of this hospital refused to provide treatment to the accused -petitioner. Having regard to the submissions and with reference to the earlier order dated 11.10.2012 of this Tribunal we now direct that if the situation requires that the accused Abdul euader Molla should be given urgent treatment in 'Ibrahim cardiac Hospital' in that case the accused petitioner is permitted to have medical treatment in the 'Ibrahim Cardiac Hospital, at his own cost. The Jail Authority is directed to comply with the order as early as possible considering the severity of alleged chest pain compiained of by the accused petitioner. Let a copy of this order be sent to the Jail authority at once for necessary acticn and its compliance.

The order being referred to on 11. 10. 2012 is as follows

This an application for an order issuing direction to the Jail Authority to provide immediate medical treatment to accused petitioner Abdul Kader Molla. Mr. Ekramul Hoque, the learned defence counsel submits that the accused petitioner has been suffering from chest pain and as such he is required to be medically treated urgently in a specialized hospital like BIRDEM and accordingly, necessary order may kindly be passed directing the Jail Authority to send him to the hospital for such urgent treatment. Mr. Mohammad Ali, the learned prosecutor submits that he has no objection against the application for treatment, if the accused is urgently required to be examined by a doctor as prayed for. Having considered the submissions of the leamed Advocate of both the parties, we are inclined to pass necessary order for providing treatment to the accused petitioner and accordingly the Jail Authorty is directed to arrange the treatment of the accused petitioner inside the jail, if so advised by the doctor . It is also directed that if the situation requires that he should be given urgent treatment in BIRDEM Hospital in that case the accused petitioner is permitted to have medical treatment in BIRDEM Hospital at his own cost. The Jail Authority is directed to comply with the order as early as possible considering the gravity of the alleged chest pain of the accused petitioner.