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Mirza Fakhrul

SC clears way for release

Staff Correspondent
The Supreme Court yesterday granted a six-week bail to BNP leader Mirza Fakhrul
Islam Alamgir on medical grounds, clearing the way for his release from jail.
A four-member bench of the Appellate Division headed by Chief Justice Surendra Kumar Sinha also directed Fakhrul to surrender before a lower court concerned after six weeks.
In its order, the apex court said Fakhrul could get advanced treatment abroad within six weeks' time as the medical report suggested, “He can go to an advanced centre where intervention for carotid lesions maybe possible"
The Appellate Division passed the order after receiving the report from the Bangabandhu Sheikh Mujib Medical University (BSMMU) on the BNP leader's health condition.
The SC order maintains the lune 21 High Court decision granting ad-interim bail to Fakhrul in three cases for vandalism and arson. The cases were filed with Paltan police on January4and6.
During yesterday's hearing, Additional Attorney General Murad Reza opposed the bail plea of Fakhrul, saying he might be sent to National Institute of Cardiovascular Diseases in Dhaka as the BSMMU suggested better treatment for him.
Khandker Mahbub Hossain, a lawyer for the BNP leader, told The Daily Star that there was no legal bar to his client's release from jail following the SC order.
Fakhrul, who has been undergoing treatment at the BSMMU prison cell, will be released afterthe copy of the SC order reaches the jail authorities, he
said.
In reply to a question, Khandker Mahbub said it was the first time the judges of a full bench of the Appellate Division dealt with a case during vacation, considering health issues of Fakhrul.
The court went into a two-week annual vacation on July 10 and will reopen on July 2 6.
Moudud Ahmed, another lawyer for Fakhrul, told The Daily Star yesterday the SC permitted him to take treatment abroad as he had a risk of suffering a stroke during an operation at a local hospital.
On July 9, the SC ordered the BSMMU authorities to form a new board to examine Fakhrul's health and submit a "complete" medical report before it.
The authorities submitted the medical report before the SC on Sunday.
The apex court had ordered to form the fresh medical board after Fakhrul's lawyers raised questions over a previous report submitted by a three-member m edical board of the BSMMU on July 8.
The report said Fakhrul's heart condition was stable.
Khandaker M ahbub told the SC that the BNP leader had been suffering
mainly from neurological problems, but the BSMMU board had prepared the report on his heart condition.
Besides granting Fakhrul ad interim bail in the three cases, the HC on June 21 also issued three separate rules upon the government to explain as to why he should not be granted regular bail in the cases.
On June 28, the SC upheld the HC orders that onjunel8had granted bail to Fakhrul in three other vandalism and arson cases.
In its order, the SC said Fakhrul would remain on bail until submission of the probe report by the police to the 1 ower court concerned.
The SC also ordered the BNP acting secretary general to surrender before the lower court the day the law enforcers would submit their report in any of the cases.
Of the three cases, two were filed with Paltan Police Station on December 28 last year and January 4 this year. The other was lodged with Motijheel Police Station on January 6.
On April 16, Fakhrul, who is accused in 89 cases, got bail from the HC in another similar case.
The BNP leader was detained from the Jatiya Press Club on January 6, and later, was shown arrested in seven cases, his lawyer Sagir Hossain Leon