Sunday, July 22, 2012

19 Jun 2012: Mobarek bail application

After the cross examination of the Chowdhury witness, the tribunal considered a case transferred from the Magistrate court to the tribunal. The acccused name is Mobarekk Hossain, and his advocate Md. Shahjahan came before the Tribunal to submit a bail petition of his client.

Then Zead-al-malum came to the dais and said that my lord, ‘many case has been started to be filed in different police station throughout our country. Till 14. 06.2012 there are nearly 600 cases that have been filed.

Justice Nizam: Can you tell me please among these cases how many case fulfilled the criteria of section 3(2) of the Act. We know it very well that there is no jail in the world from where accused cannot get any remedy.

There are no rules in the ICT Act that allow a case can be transferred from magistrate court to this Tribunal and even this Tribunal has no jurisdiction to transfer the case to the magistrate court.

Justice Anwarul Haque: Every accused has a right to seek for bail if he is in custody but in this case where will he will go now? He should be given a right to seek remedy.

Zead-al-malum: Yes, My lord he has no access of Justice.

Justice Anwraul Haque: Among these 600 hundred cases how many accused are in jail now.

Zead-al-malum: My lords, 16 persons from the 600 cases are in jail otherwise everyone has bail.

Justice Nizam: Please next Tuesday submit before us those cases along with the report explaining why the accused is in jail custody.

Justice Zaheer: We have no right to direct the investigation agency to start investigation even we have no jurisdiction to transfer the case to the Magistrate court. Then where this person will go?

Justice Nizam: We should observe the position of the case first, so please submit before us all those things within 7 days. For ends of justice we can pass any order.

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