A Dhaka court on Wednesday rejected the bail petition of lawmaker Gazi Nazrul Islam in a case filed over the alleged abetment of his second wife Mariam Khatun’s suicide, despite the submission of a compromise deed.
Dhaka Chief Metropolitan Magistrate (CMM) Ariful Islam passed the order following the hearing from prosecution and defence.
Opposing the bail plea, State lawyer Harun-or-Rashid argued that the case is highly discussed, noting that the incident originated after an objectionable video of the victim went viral.
He added that although Mariam was brought to Gazi Nazrul’s residence at NAM Bhaban in Dhaka, she was not accorded the status of a wife and was instead made to sleep on the balcony.
The state lawyer said, “This is not a compoundable offence, and the court is not bound to accept the compromise deed submitted by plaintiff,” adding that the case remains under active investigation during which even a plaintiff can turn into an accused.
He urged the court to investigate Md Abdul Hamid Moral, who executed the compromise deed, to determine whether he held the legal authority to mediate such a settlement.
The state lawyer further emphasised that the plaintiff has no legal standing to declare “no objection” to bail in an under-investigation case where a human life was lost and the state itself acts as the complainant.
In response, Defence lawyer Mahbur Rahman pleaded for bail, contending that both parties had mutually settled the dispute.
He argued that Gazi Nazrul is 12 years older than the co-accused who was previously granted bail, that they are close relatives, and that the defence would fully cooperate with the ongoing investigation.
He also claimed that remand interrogation yielded no evidence of abetment of suicide against the accused.
However, Judge Ariful turned down the bail plea, observing that the victim was very young and committed suicide while under the custody of an elderly accused.
The court noted that because the state is the complainant, it is not obligated to grant bail based on a compromise deed, warning that granting bail at this stage would create an adverse impression in society.
Case details
The case was registered under Section 306 of the Penal Code for abetment of suicide at Sher-e-Bangla Nagar Police Station.
Earlier on 30 September, the court granted bail to Gazi Nazrul’s first wife and co-accused, Maksuda Islam, under the terms of the compromise deed.
According to the compromise deed executed on 29 September, Mariam’s father and plaintiff, SM Masum Billah, stated that following the filing of the case, he learned through various sources that Mariam had not committed suicide due to anger, hurt, or instigation by Gazi Nazrul and Maksuda.
The deed mentioned that the plaintiff, Gazi Nazrul, and second-party representative Md Abdul Hamid Moral were pre-existing close relatives, and the dispute was resolved through mutual family discussions.
The deed stipulated that the plaintiff’s side would have no objection to the accused being released on bail, provided both sides maintain cordial familial ties, remain neutral regarding the sub-judice matter, and extend necessary cooperation to court proceedings.
Gazi Nazrul applied for bail on the strength of this agreement, which was subsequently turned down following strong opposition from the prosecution.
Background of the incident
According to court documents, Mariam committed suicide between 3pm and 5:30pm on 20 September. Her father, Masum, arrived at the scene around 6:30pm after receiving a telephone call from Gazi Nazrul.
Based on suspicion regarding his daughter’s death, Masum lodged a case with Sher-e-Bangla Nagar Police Station naming Gazi Nazrul, his first wife Maksuda, and one other person as accused.
Police subsequently arrested the lawmaker and his first wife. Investigating officers interrogated Gazi Nazrul in two phases for a total of eight days on police remand, while Maksuda was taken on a one-day remand.
Although the defence maintained that no proof of abetment was uncovered during remand, police investigation into the case is ongoing.
