Burdwan , 12 May 04 :  
The ongoing confrontation between the lawyers at the Burdwan District court & the Sub-Divisional Judicial Magistrate, Somnath Mukherjee today took a new turn when the Burdwan District Bar Association brought into notice of the District Judge, a case of death of an under-trial accused. The association informed that, one the accused Sk. Azizul was rejected bail by the SDJM inspite of several pleas made by his lawyer stating his deteriorating health condition.

Sk. Azizul was arrested along with his son, Sk. Nizam on 27.03.04 after Nizam's wife committed suicide along with her child on 26.03.04. A complaint was lodged by the deceased brother. A case (no. 133/2004) was started against both of them u/s 498A & 306 of the Indian Penal Code. They were produced before the SDJM on 27.03.04 and was sent to the judicial custody inspite he was noticed about Azizul's health condition. A prayer for bail of Azizul was placed before the SDJM on 26.04.04 stating that he has been transferred by the jail authorities to the Burdwan Medical College & Hospital following his deteriorating health condition. The judge rejected the plea & called in for the hospital super's report. The hospital authority informed that Azizul was admitted at the hospital on 27th & his health condition was reported to be `critical'. The SDJM then instructed the investigation officer to appear before the court along with all medical documents on 30.04.04. Incidentally the hospital authorities recommended to transfer Azizul to Kolkata for better treatment. He was then transferred to the Alipur Central Jail from where he was admitted at M. R. Bangur Hospital on 01.05.04. He expired at the hospital on 06.05.04.

The bar association received the information yesterday when the court opened after 3 days. Biswajit Das, the vice-president of the association informed, "It is inhuman of the concerned judge that he rejected the bail application of the elderly & seriously ill person when he was informed by all concerned authorities regarding his serious health conditions. In a way the SDJM have deprived the person of his fundamental right provided by the country's constitution. He may have survived if he was granted bail & subsequently his family members could intervened & arrange for better medical help. We strongly protest this act of the concerned judge. We have already informed the district judge about such `whimsical administration of justice by SDJM, Burdwan' in writing."

The lawyer of both the accused, Robin Mondal said, "from the day one I brought into notice of the judge about Azizul's serious health condition. The judge didn't grant him bail based upon his whimsical & strange judicial mindset. We will take this case to the human right's commission." Incidentally the district judge today grant bail to Sk. Nizam, son of Azizul & another accused in the case.

The deputy superintendent of Burdwan Medical College & Hospital, M. Murshed informed that, based upon the court's order, Azizul was examined by a medical board & his critical health condition was reported to the court. The superintendent of police, Burdwan when contacted, didn't comment on this for it being a judicial matter.