Wednesday, July 18, 2012

18 Jun 2012: Mir Quasem bail application

Following the request about Sayedee, Abdur Razaq then placed a bail application before the court

Details of this application will be posted on this page shortly


The prosecutor Zead Al Malum: then responded to these arguments.

Malum: My Lord, the bail petition for Mir Kashem Ali has been presented. They have mentioned his identity here. It has been said that he is 62 years old. The figure of the age is not true here. Mir Kashem Ali was born on Horirampur of Manikgonj. He has studied on Chittagong College. The Al-Badar committee was being formed in the Chittagong area at 1971. He was an Islamic Chatro Sangha Leader. The then he was the 3rd in command of Al Badar team. He has returned in the country after the killing of Sheikh Mujibur Rahman. At the same time he was known as the top leader of Jamaat-e-Islami and treasurer of the same organization.

Justice Nizamul Huq: Is there any contradiction with what they said except the age matter?

Zead Al Malum: In criminal matters bail is not the right of the accused. It is the discretion of the Court. There is no matter of bail in the ICT Act-1973. The scope of rule 33(3) is only the discretion of the Court. [He read out the rule.] Bail is not a right in any way in the criminal matter. On 26-7-2010 the investigation has formally started against Mir Kashem Ali. The Investigation Officers have worked in risk of their life. As a treasurer of the organization he is going abroad frequently towards USA, Middle East etc.  Now if the accused is detained and given  bail, it would be risky.

So we are applying hereby under rule- 9(1) of the ICT Rules of Procedures. If he is not detained, in that case many witnesses will be threatened or be kidnapped or become missing.

There is a broad allegation against the accused that various famous persons have been tortured and been killed in the torturing cell, when the accused was the Chief of Chittagong division. At that time where the humanity lies? We hereby object the bail petition till the end of the Investigation. And we hereby apply for rejecting the bail petition.

Abdur Razzak: First of all the allegation about the age is not correct.

Justice Nizamul Huq: We are not saying anything about the age.

The second point is about the gravity of the offence. There is not yet any strong evidence.

The question of his bail petition comes here. Why his bail petition would have to be rejected.

As a treasurer he is going abroad frequently is totally vague.

He is creating obstacles to the investigation process is also an untrue statement.

On this point my humble submission is to allow bail. I am not saying bail is a right, but you might apply the discretionary power.

There has not been any case filed that the witnesses are being threatened by the accused.

We are praying for bail under any condition.

Justice Nizamul Huq: The order is on tomorrow. He then passed a short order (summary below)
Accused Mir Kashem Ali has been produced before the Tribunal by the Jail authority. At the outset Mr. Abdur Razzak sought our permission to sign the Okalotnama in the court room. Then the Okalotnama has been executed. Then Mr. Abdur Razzak has submitted that- he would like to submit a bail petition. Then we have directed him to submit that before the office of the Registrar to observe the formalities. Then Abdur Razzak argued for bail and Mr. Zead Al Malum has contradicted the points.

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