Court sources said 84-year-old Saifuddin Ahmed could not appear before Metropolitan Sessions Judge's Court, Dhaka on the day because of poor health in a replay of similar things before.

Metropolitan Sessions Judge Motiur Rahman who is sitting the trial issued the arrest orders and asked the prosecution, counsel of accused-on-bail Taheruddin Thakur and Officer-in-Charge (OC) of Sutrapur Police Station to submit a report on Saifuddin's health by October 9.

The court also fixed October 9 for delivering its next order on receiving the report.

"I've discussed with defence lawyer Sharfuddin Khan Mukul and we've decided to visit Saifuddin's house on October 5 to see whether he is able to give his deposition," Public Prosecutor (PP) Abdullah Mahmud Hassan told The Daily Star yesterday.

"The court has ordered us to report on whether he (Saifuddin) can move and talk," said Mukul, Taheruddin's lawyer, who filed the petition for the deposition of Saifuddin, former deputy superintendent of police and second investigation officer of the case.

Saifuddin is suffering from paralysis and is virtually bed-ridden at his Nawabpur house in the old quarter of the city with Parkinson's disease.

Talking on the arrest order, the PP said, "According to law, the court issues such warrants after any respondent fails to turn up to court in response to a summon."

The PP and defence lawyer Mukul made a brief submission about Saifuddin's deposition after the judge took his seat at 10:54am.

At this stage, BNP lawmaker KM Obaidur Rahman, an accused on-bail, told the court: "As Saifuddin is unable to give his statement, I'm requesting you (judge) to fix a date for delivering the verdict."

"Reports say he (Saifuddin) will not be able to appear before the court for his illness," the judge said. "But the court must ascertain whether he is able to give the statement, to move and talk."

As Obaidur quoted newspaper reports about Saifuddin's illness, the judge said, "Newspapers are not any evidence."

When the judge began writing the order, another accused-on-bail Shah Moazzem Hossain stood up and said, "The court summoned him earlier but he did not turn up to the court. I'm requesting you to settle the matter as you have done it previously and announce a date for the verdict."

All the accused excepting Nurul Islam Monzoor appeared in court yesterday.

Obaidur expressed his despair at the delay in the deliverance of the verdict. "It's a kind of torture on the accused," he told reporters.

When the judge was writing the order, Obaidur shouted to lawyers with disgust. As the PP attempted to say something, Shah Moazzem said, "We're not accusing you." Obaidur this time shouted at the PP.

The verdict, originally scheduled for deliverance on September 21, was put on hold as the court entertained Taheruddin's petition for deposition of Saifuddin who never appeared before the court on the health grounds.