Wednesday, July 18, 2012

18 Jun 2012: Sayedee family hospital request

Quassem Ali
Abdur Razzaq, the defense lawyer started proceedings by stating that would like to get the signature of the accused Mir Quashem Ali (who had been brought to the court after having been detained) for the power of attorney whilst he is at the accused dock, and afterwards we would like to submit a bail petition

Justice Nizamul Huq: Okay; you can sign and send the matter to the Register’s Office for the formalities before submitting the bail petition.

Sayedee Family Hospital Application
Tajul Islam, the defense lawyer said that he would like to say something about the matter of Mr. Sayedee.

Yesterday we sought for adjournment. Today is fixed for his angiogram. Before the operation starts- Mr. Syedee has urged from the apprehension of death from this critical type of operation that- he would like to meet his family members for a while and talk with them.

But the authority does not allow visiting the accused with the family members. Afterwards he has said if he is not allowed to be visited by the family members, and then he will not go for the operation table. He might die from this operation; It is a matter of life or death. Now we would like to seek a permission from your Lordship to allow him to visit his family members.

Justice Nizamul Huq: This is not the matter of this court. This is not on our list. Go to the proper authority. There are doctors and authorities, they will decide the matter.

Tajul Islam: Where should we go if you say that this is not the proper authority? This is not contained in the list is not a solution for us, there are doctors and authority they will decide is also not a solution for the problem. Because as we have failed to get cooperation from them about the matter, so we have come here before the tribunal.

Justice Nizamul Huq: We again say that-you would go to the proper authority.

Tajul Islam: In that case give us a written order.

Justice Nizamul Huq: Then come with a written application. What is you saying about? Should we pass order by your words?

Tajul Islam: I am not saying so, then in that case if there is no remedy you may just as well kill him by pushing injection.

Justice Nizamul Huq: You are exceeding your language Mr. Tajul. You must be alert about that.

Tajul Islam: No My Lord. He is detained by the order of the Tribunal. So, this is obviously under your authority.

Justice Nizamul Huq: What should I say to you? You should go to the proper place please.

Tajul Islam: Proper authority is the Jail authority, when they have refused, then we should have to come before this tribunal. There is no scope to go the High Court Division.

Justice Nizamul Huq: This is not a matter of this Tribunal to pass an order about the matter.

Tajul Islam: When the matter of the petition for food has been arose then we have come before this Tribunal. Now, this is another sort of matter of same kind.

Justice Nizamul Huq: We will not pass an order.

Tajul Islam: Let us see, how much the cruelty of mankind can go?

Justice Nizamul Huq: You should not say so.

Tajul Islam: My Lord, a man is lying on the death bed, but he is not getting the permission to visit his relatives. Is it the humanity? We don’t know.

Justice Nizamul Huq: Yes Mr. Razzak, from your verbal application we have allowed you to collect the signature of the accused from the court room. But we will not allow this today

Abdur Razzak: When your Lordship has taken cognizance about the matter, there is no other court to which is authorized to take cognizance of the matter.

Justice Nizamul Huq: We have already told that you that we have no authority to handle the matter of Mr. Syedee. The way your junior is submitting here is not good, please make him understand the matter in your chamber.

Abdur Razzak: The accused is detained under the order of this tribunal. But the Jailor is not permitting to pay him a visit.

Justice Nizamul Huq: This is a matter your junior has already submitted. The Jailor will deal the matter.

Abdur Razzak: We need to be get cooperation from several authorities.

Justice Nizamul Huq: We have refused to pass an order, because we are not the proper authority. Think quietly, if we go to interfere into the matter, what would be the actual position. There would be a haphazard condition. Let them handle the matter.

Abdur Razzak: We have come here because if he would not have his angiogram today, then the reason of the adjournment would be frustrated.

Justice Nizamul Huq: Let the proper authority handle the matter.

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