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A Dhaka court on Wednesday rejected the bail plea of Satkhira-4 lawmaker and expelled Jamaat leader Gazi Nazrul Islam in a case filed over the death of his second wife, Mariam Akter. It granted bail to his first wife, Maksuda Islam, considering her gender, age and illness.
Dhaka Additional Chief Metropolitan Magistrate Mohammad Sefatullah passed the orders, said Public Prosecutor Omar Faruk Faruqui.
During the hearing, Mariam’s family submitted a settlement affidavit stating that complainant Md Masum Billah had no objection to bail for Gazi Nazrul and Maksuda.
The affidavit says Masum’s daughter Mariam married Gazi Nazrul, the prime accused, and lived with him and Maksuda in a cordial family environment.
Masum filed the abetment of suicide case on suspicion after Mariam’s hanging body was found, but later learnt through various sources that her death did not result from anger or resentment over any instigation or actions by either of them, it says.
After discussions with a close relative, Md Abdul Hamid Morol, both sides agreed to preserve peace and family ties.
Masum’s family would not object to bail, and both sides would keep relations cordial,
stay neutral in the case and cooperate with proceedings. Both signed voluntarily, without coercion, it states.
Prosecutor Faruqui said the complainant had no legal scope to submit such an affidavit in a case of this nature.
“After a case is filed, the investigating officer will conduct the investigation and submit a report. The court has sole jurisdiction to decide whom to grant bail and on what grounds. Such an application by the complainant has no legal basis,” he said.
Defence lawyer Mahbubur Rahman said case documents, including remand and detention pleas, showed no involvement of the accused in instigating Mariam to die by suicide.
“The report submitted after the remand also found no involvement,” he said, adding that the complainant had filed the case without fully understanding the matter. “The case is not compoundable, but the court may consider the settlement if it wishes,” he said.
Supreme Court lawyer Ishrat Hasan said there was no scope for a compromise and the allegations must be properly investigated. “Whatever the circumstances, this is not a matter of emotion,” he said.
He also questioned the circumstances of the marriage. “If she was a second wife, where was the permission from the Arbitration Council? It should certainly be investigated. A person has lost her life here, so there is no room for emotion in this matter,” Ishrat said.
Supreme Court lawyer Manzil Murshid said any attempt to manage an alleged offence, whether through the complainant’s cooperation or otherwise, could not be supported as upholding the rule of law. He said it should be examined whether any other agreement had been reached behind the scenes or any financial interests were involved.
“If compromise is allowed in this type of offence, it will not be possible to establish the rule of law,” Manzil said.