Fake Medical Certificate - Falu's counsel says sorry !!!
A counsel of former BNP lawmaker Mosaddek Ali Falu yesterday told the court he "mistakenly" attached the controversial medical report on his client's health to his bail petition in a relief scam case.
Falu's Advocate-on-Record (AOR) Moulavi Md Wahidullah made an unconditional apology to the Supreme Court (SC) for his "mistake" and the court reprimanded him.
He told the five-member full bench of the Appellate Division headed by Chief Justice MM Ruhul Amin that he mistakenly attached medical reports he got from his client.
Following his prayer for an unconditional apology, the apex court reprimanded him for attaching individual opinions of doctors as a recommendation of the medical board and asked him to be careful in future.
The court, however, pardoned him and also affirmed its earlier order that stayed the High Court (HC) order granting ad-interim bail to Falu in the case filed by the Anti-Corruption Commission (ACC).
Falu's lawyers had earlier submitted fake documents to the HC for his bail in the case. But top lawyers including the senior counsel of ACC marked it as a criminal offence.
Asked for his comments on the issue, Attorney General Salahuddin Ahmad said the matter is now up to the SC and he could not say anything without getting a detailed order.
Though only the jail authorities can form an official medical board for an inmate, physicians of Bangabandhu Sheikh Mujib Medical University (BSMMU) formed several boards for high-profile prisoners and many of them obtained bail submitting their reports.
At least 21 different medical boards were formed for the prisoners during their stay at BSSMMU hospital.
According to the DIG (prisons), only five medical boards were properly formed for former premier and Awami League chief Sheikh Hasina, former ministers Abdul Jalil, Mohammed Nasim, and both sons of Khaleda Zia -- Tarique Rahman and Arafat Rahman Koko.
Besides, the court asked the jail authorities to submit medical documents of three accused -- former minister Moudud Ahmed, Chittagong Mayor ABM Mohiuddin Chowdhury and former state minister Mohiuddin Khan Alamgir.
Interestingly, the government remains silent over the matter. No government agency conducted an investigation to detect how many prisoners got bail on medical grounds submitting unofficial or controversial documents.
Meanwhile, Attorney General Salahuddin Ahmad and SC Registrar Abu Bakkar Siddiqui yesterday submitted to the Appellate Division separate reports on formation of the medical board for examining health of ill prisoners.
The SC had earlier asked them to submit the reports.
ACC counsel Advocate MA Aziz Khan told The Daily Star the SC after examining the reports will later pass an order with guidelines for formation of medical boards and sending reports on health of sick inmates to the courts.
The SC registrar prepared the report after holding enquiry on the controversial medical reports on Falu's health.
He stated in his report he has found that Falu's lawyer Wahidullah, who had placed the medical report before the court, could not identify and differentiate the actual board report and the subsequent follow-up report and consequently caused confusion and misunderstanding.
The attorney general said in his report there is no provision in law that any physician or medical board constituted by the doctors directly send any report to the court or any unauthorised person or the prisoner.
"The doctor or medical board constituted by doctors sends the health report of prisoners to the jail authorities and the jail authorities send the same to the court," he said.
Quoting relevant rules of the Bengal Jail Code, Salahuddin Ahmad also said the medical officer will examine prisoners complaining of illness and visit the patients in hospital daily and these duties will not be delegated to any subordinate.
On June 2, a special court set up at Jatiya Sangsad Bhaban premises sentenced Falu, political secretary to former premier Khaleda Zia, to five years' rigorous imprisonment in the relief same case. Falu filed an appeal with the HC against the verdict.
Following the appeal, the HC bench of Justice Syed Muhammad Dastagir Husain and Justice Farid Ahmed on October 23 granted Falu three months bail in the case on health ground.
Falu, who was admitted to BSMMU for treatment, left the hospital on March 23 this year. But according to the medical report submitted by him, a five-member medical board was formed which prepared a report on his health on September 7, by the time he was released from the hospital.
Later, his relatives put all the names of physicians who checked his health different times and asked them to sign on that. Nine out of 11 physicians did accordingly.
Nine of the 11 BSMMU doctors who signed the medical reports on November 9 told the SC registrar the medical reports on Falu's health were not made by a medical board but were individual examination reports.
Asked for comment, Supreme Court Bar Association President Shafique Ahmed said if the false certificate is annexed with the petition, it is a criminal offence.
ACC's senior counsel Anisul Huq yesterday told The Daily Star submitting false medical certificates to the court for securing bail for an accused is a criminal offence and exemplary punishment should be given to the people who are involved.
Those who provided the false medical certificate to the court for securing Falu's bail are all educated and should be punished for this offence, he said.
Replying to a question, Anisul Huq said the government or ACC can file criminal cases with the courts against the people who are allegedly involved in providing false information to the court.
As per provisions of the penal code, the highest punishment for providing false information to the court is seven years' imprisonment, he added.
Falu's Advocate-on-Record (AOR) Moulavi Md Wahidullah made an unconditional apology to the Supreme Court (SC) for his "mistake" and the court reprimanded him.
He told the five-member full bench of the Appellate Division headed by Chief Justice MM Ruhul Amin that he mistakenly attached medical reports he got from his client.
Following his prayer for an unconditional apology, the apex court reprimanded him for attaching individual opinions of doctors as a recommendation of the medical board and asked him to be careful in future.
The court, however, pardoned him and also affirmed its earlier order that stayed the High Court (HC) order granting ad-interim bail to Falu in the case filed by the Anti-Corruption Commission (ACC).
Falu's lawyers had earlier submitted fake documents to the HC for his bail in the case. But top lawyers including the senior counsel of ACC marked it as a criminal offence.
Asked for his comments on the issue, Attorney General Salahuddin Ahmad said the matter is now up to the SC and he could not say anything without getting a detailed order.
Though only the jail authorities can form an official medical board for an inmate, physicians of Bangabandhu Sheikh Mujib Medical University (BSMMU) formed several boards for high-profile prisoners and many of them obtained bail submitting their reports.
At least 21 different medical boards were formed for the prisoners during their stay at BSSMMU hospital.
According to the DIG (prisons), only five medical boards were properly formed for former premier and Awami League chief Sheikh Hasina, former ministers Abdul Jalil, Mohammed Nasim, and both sons of Khaleda Zia -- Tarique Rahman and Arafat Rahman Koko.
Besides, the court asked the jail authorities to submit medical documents of three accused -- former minister Moudud Ahmed, Chittagong Mayor ABM Mohiuddin Chowdhury and former state minister Mohiuddin Khan Alamgir.
Interestingly, the government remains silent over the matter. No government agency conducted an investigation to detect how many prisoners got bail on medical grounds submitting unofficial or controversial documents.
Meanwhile, Attorney General Salahuddin Ahmad and SC Registrar Abu Bakkar Siddiqui yesterday submitted to the Appellate Division separate reports on formation of the medical board for examining health of ill prisoners.
The SC had earlier asked them to submit the reports.
ACC counsel Advocate MA Aziz Khan told The Daily Star the SC after examining the reports will later pass an order with guidelines for formation of medical boards and sending reports on health of sick inmates to the courts.
The SC registrar prepared the report after holding enquiry on the controversial medical reports on Falu's health.
He stated in his report he has found that Falu's lawyer Wahidullah, who had placed the medical report before the court, could not identify and differentiate the actual board report and the subsequent follow-up report and consequently caused confusion and misunderstanding.
The attorney general said in his report there is no provision in law that any physician or medical board constituted by the doctors directly send any report to the court or any unauthorised person or the prisoner.
"The doctor or medical board constituted by doctors sends the health report of prisoners to the jail authorities and the jail authorities send the same to the court," he said.
Quoting relevant rules of the Bengal Jail Code, Salahuddin Ahmad also said the medical officer will examine prisoners complaining of illness and visit the patients in hospital daily and these duties will not be delegated to any subordinate.
On June 2, a special court set up at Jatiya Sangsad Bhaban premises sentenced Falu, political secretary to former premier Khaleda Zia, to five years' rigorous imprisonment in the relief same case. Falu filed an appeal with the HC against the verdict.
Following the appeal, the HC bench of Justice Syed Muhammad Dastagir Husain and Justice Farid Ahmed on October 23 granted Falu three months bail in the case on health ground.
Falu, who was admitted to BSMMU for treatment, left the hospital on March 23 this year. But according to the medical report submitted by him, a five-member medical board was formed which prepared a report on his health on September 7, by the time he was released from the hospital.
Later, his relatives put all the names of physicians who checked his health different times and asked them to sign on that. Nine out of 11 physicians did accordingly.
Nine of the 11 BSMMU doctors who signed the medical reports on November 9 told the SC registrar the medical reports on Falu's health were not made by a medical board but were individual examination reports.
Asked for comment, Supreme Court Bar Association President Shafique Ahmed said if the false certificate is annexed with the petition, it is a criminal offence.
ACC's senior counsel Anisul Huq yesterday told The Daily Star submitting false medical certificates to the court for securing bail for an accused is a criminal offence and exemplary punishment should be given to the people who are involved.
Those who provided the false medical certificate to the court for securing Falu's bail are all educated and should be punished for this offence, he said.
Replying to a question, Anisul Huq said the government or ACC can file criminal cases with the courts against the people who are allegedly involved in providing false information to the court.
As per provisions of the penal code, the highest punishment for providing false information to the court is seven years' imprisonment, he added.
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We shall overcome and tomorrow is ours, we shall be back - FALU !!!!!!
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