Monthly Archives: April 2013

2 April 2013: ICT-2 Daily Summary – Hartal, Mujahid Prosecution Witness, Kamaruzzaman Closing Arguments

Today due to security concerns relating to the hartal our researchers were unable to attend proceedings. The following summary is compiled from media sources and conversations with the Defense and Prosecution.

The Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Ali Ahsan Mohammed Mujahid
  2. Chief Prosecutor vs. Mohammed Kamaruzzaman

Due to the hartal Tribunal 2 convened only for a brief session of an hour and a half.  The examination-in-chief of the Investigation Officer in the Mujahid case was completed. The witness affirmed his prior testimony regarding his investigation findings that the accused acted as the President of Faridpur District Islami Chatra Shangha (ICS) during the pre-liberation and Liberation War periods. The witness also stated that the Accused later became the President of Islami Chatra Shangha’s Dhaka Unit, subsequently becoming Secretary and then President of East Pakistan ICS. The witness also submitted further documentary evidence before the Tribunal. The witness is scheduled to be cross-examined by the Defense on 7 April 2013.  

Kamaruzzaman’s case was also listed in the day’s daily cause list. The learned Senior Advocate for the defense Barrister Abdur Razzaq previously informed the tribunal that he would present the Defense’s Closing Arguments, and had therefore requested accommodation of his schedule as he his also representing Gholam Azam in Tribunal 1. Today Razzaq was not present due to the Hartal. Although the Tribunal adjourned the proceedings for the day due to his absence, it was stressed that the Tribunal would terminate the Defense’s arguments if counsel continues to be absent. In such an event, the Tribunal stated the Defense would only be entitled to submit written arguments. Unlike Tribunal 1, no cost sanction for non-attendance has been imposed on the senior counsel by Tribunal 2. 

2 April 2013: ICT-1 Daily Summary – Hartal – Gholam Azam Defense Closing Arguments

Please note that today was a hartal and due to security concerns our researchers were unable to attend proceedings. The following brief summary is compiled from media sources and conversations with the Defense and Prosecution.

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Gholam Azam

Today was scheduled for the conclusion of the Defense’s Closing Arguments on legal points. Abdur Razzaq, Senior Defense Counsel for Gholam Azam was not present before the Tribunal. A junior Defense counsel member filed an application for adjournment on the grounds that the senior Defense members were facing personal difficulties. The junior also noted that the Defense had tried to pay the costs imposed by the Tribunal upon them on 27 March, but were unable due to a problem with the server of the concerned bank’s online network. He stated that they tried to pay another two times and so today sent a clerk to pay the cost directly.

Prosecutor Sultan Mahmud Simon opposed the application for adjournment. Prosecutor Turin Afroz submitted that the cost imposed does not reflect the value of the labor and time of judges, lawyers, officials and others which she claimed are being wasted because of the Defense counsel’s absence. After hearing both sides’ arguments, the Tribunal adjourned the proceedings until tomorrow, 3 April 2013. The Tribunal also passed an order directing the Defense counsels to finish the legal arguments by 4 April and noted that failure to do so would effectively terminate the Defense counsel’s Closing Arguments.

Weekly Digest Issue 8: March 10-14

We are slowly catching up with our Weekly Digests. Thank you for your patience!

This week proceedings in Tribunal 1 were dominated by the presentation of the Defense’s Closing Arguments in the case of Gholam Azam. In the Salauddin Qader Chowdhury case the Tribunal heard testimony from Prosecution witness 21, a former freedom fighter. Additionally, the Prosecution presented the Formal Charge against Mubarak Hossain, and the Tribunal took official cognizance of the charges.

In Tribunal 2 the court heard testimony from three Prosecution witnesses in the Mujahid case, one Prosecution witness in the Abdul Alim case, and three Defense witnesses in the Kamaruzzaman case. Additionally, the Tribunal dealt with ongoing contempt proceedings against Jamaat leaders, MK the Daily Shongram, and MK Anwar.

Read the full report here: Weekly Digest, Issue 8 – March 10-14

1 April 2013: ICT-1 Daily Summary

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Motiur Rahman Nizami –cross-examination of PW 3
  2. Chief Prosecutor vs. Salauddin Qader Chowdhury – examination of PW 24
  3. Chief Prosecutor vs. Gholam Azam –Defense Closing Arguments

Defense Counsel for  Motiur Rahman Nizami concluded their cross-examination of Prosecution witness- 3, Rustom Ali Mollah. The Tribunal scheduled the next hearing of the case for 15 April 2013.  In the case against Salauddin Qader Chowdhury the Prosecution conducted the examination-in-chief of Prosecution witness 24, Babul Chakraborty. Thereafter, Defense counsel cross-examined the witness. After the completion of the cross-examination the Tribunal adjourned the proceedings in the Chowdhury case until 4 April 2013.  In the afternoon the Tribunal heard Abdur Razzaq, senior Defense counsel for Gholam Azam, present the Defense’s Closing Arguments based on Charge 1 for conspiracy. The Tribunal then adjourned the Gholam Azam case until tomorrow, 2 April 2013.

Chief Prosecutor vs. Nizami
Cross-Examination of Prosecution Witness 3
The Defense cross-examined Rustom Ali Mollah, Prosecution witness 3. The witness testified that Tarek Khan Mojlish was 7 to 8 years younger than him. He said that Zohir Uddin Jalal is also younger than him but he could not specify by how many years. Rustom testified that he crossed the Bosila river by himself, on his way to Vayaspur and Rampur. He traveled alone and met Zohir Uddin Jalal, a freedom fighter who went by the name Jalal. The witness said that he did not meet with any other freedom fighters before meeting with Jalal. Additionally, he claimed that he did not meet any other freedom fighters during the war. He testified that he continues to live in the same house that he occupied during the Liberation War.

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