Monthly Archives: July 2013

30 June 2013: ICT-2 Daily Summary – Contempt Proceedings, Alim PW 28 and 29

Today the Tribunal heard matters in the following cases:

  1. Contempt Proceeedings vs. Jahir Uddin Jalal
  2. Chief Prosecutor vs. Abdul Alim

The counsel of contemnor Mr Jahir Uddin Jalal, who allegedly attacked defense counsel Mr Munshi Ahsam Kabir was not present in the court when the case was called for. The accused-contemnor and Prosecution witness himself stood before the Tribunal and requested a short pass-over of the matter until the arrival of his counsel. The Tribunal then went on to hear the case against Mr Abdul Alim. The Prosecution examined Prosecution witnesses 28 and 29, both of whom work at the Bangladesh Muktijuddho Jadughor (Bangladesh War of Liberation Museum) and who provided testimony as formal witnesses exhibiting seizure list documents.

After the conclusion of the witness testimony, Mr Monsur Rashid appeared before the tribunal on behalf of Jahir Uddin Jalal. He argued that the allegations brought against his client pertaining to the assault of a Defense attorney are ficticious. He argued that the Jalal was not in the vicinity/area where the alleged incident purportedly took place. Therefore he concluded that either this is a case of mistaken identification or it is merely a strategic tactic being used by the defense to harass the Prosecution witness or divert attention away from the regular cases pending. The counsel apologized before the Tribunal for his delay in the morning and stated that there was some delay at the security clearance in the tribunal’s entry gate. The judges were very critical about the counsel’s delay as this was the second time that he appeared late. Continue reading →

30 June 2013: ICT-1 Daily Summary – ATM Azharul Islam Pre-Trial, Chowdhury Testimony as DW 1

Today the Tribunal heard matters in the following cases:

  1. Investigation of ATM Azharul Islam
  2. Chief Prosecutor vs. Salauddin Qader Chowdhury

In the ongoing investigation of ATM Azharul Islam , the Prosecution submitted its progress report and requested an additional two weeks time for submission of the Formal Charge. The Tribunal granted the request and scheduled the next hearing for 15 July 2013. In the Chowdhury case the Tribunal heard the ongoing testimony of the Defendant, Salauddin Qader Chowdhury, who testified as Defense witness 1 for the seventh day. They then adjourned the proceedings until 1 July 2013.  Continue reading →

27 June 2013: ICT-1 Daily Summary – Nizami Cross-Examination of PW 11

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Motiur Rahman Nizami

In the Motiur Rahman Nizami case the Defense conducted the cross-examination of the Prosecution Witness 11, Shamsul Haque alias Nannu, who testified in support of charge 2 and 15. The Tribunal  then adjourned the proceedings of the case until tomorrow, 7 July 2013.

Cross-Examination of PW 11
During examination-in-chief, the witness testified that on 24 March, 1971, a shopkeeper named Sikander Ali told him that that the Secretary of Islami Chattra Shangho, Motiur Rahman Nizami, along with Maulana Ishaq, Maulana Sobhan, Rafiqun Nabi alias Bablu formed a group sitting at the Pabna Aliya Madrassa. He told the witness that the group was composed of activists of Islami Chhatra Shangho and Jamaat-e-Islami and planned to assist the Pakistani Army. The Defense asked the witness about Sikendar Ali and the name of the other members of the group that was allegedly formed. Continue reading →

26 June 2013: ICT-2 Daily Summary – Alim Examination-in-Chief and Cross Examination of PW 27

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Abdul Alim

In the Alim case, the Prosecution called the Cataloguer of the Bangladesh Press Institute as its first seizure list witness to formally exhibit various documents. However, the judges noted that the name of the person appearing as PW 27 is not on the list of Prosecution witnesses. Accordingly, the judges opined that it would go against procedural practice of the Tribunal to allow the witness to give testimony despite not being included in the list of witnesses. The Tribunal adjourned for an hour, asking the prosecutor, Rana Das Gupta, to immediately submit an application praying for the addition of a witness.

The Tribunal then resumed after an hour of recess. Prosecutor Gupta submitted that this was an unintentional and mistaken omission on the part of the Prosecution, and requested that the Tribunal afford him an opportunity to rectify this mistake allowing the application. He stated that some of the names of seizure list witnesses were on a separate list already on record, with the exception of three witnesses. The application was allowed by the Tribunal. Accordingly, the examination of PW 27 took place. PW 27, in the course of his testimony, exhibited various Prosecution documents for the Tribunal’s consideration. Defense counsel Hena then conducted a  brief cross-examination. Continue reading →

26 June 2013: ICT-1 Daily Summary – Nizami PW 11, Chowdhury Rejection of Defense Applications

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Motiur Rahman Nizami
  2. Chief Prosecutor vs. Salauddin Qader Chowdhury

In the Motiur Rahman Nizami case, the Defense conducted the cross-examination of the Prosecution Witness 11, Shamsul Haque alias Nannu. Nannu testified in support of charges 2 and 15. Thereafter, Tribunal adjourned the proceedings of the case until tomorrow, 27 June. In the Chowdhury case passed an order in response to the three Defense applications presented yesterday, 24 June 2013. The Tribunal was scheduled to continue hearing the testimony of Chowdhury, who took the stand as Defense witness 1. However, the Defense requested adjournment due to illness of the Accused. Thereafter, the Tribunal adjourned the proceedings of the case fixing 30 June 2013 for recording the testimony of the Defense witness. Continue reading →