Category Archives: contempt proceedings

24 December 2013: ICT-1 Daily Summary – Mobarak Hossain, DW-2; Contempt Proceedings against Channel 24 and others, and Khandaker Mahbub Hossain; Zahid Hossain Khokon, PW-19 and PW-20

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Mobarak Hossain
  2. Chief Prosecutor vs. Channel 24 and Others
  3. Chief Prosecutor vs. Khandaker Mahbub Hossain
  4. Chief Prosecutor vs. Zahid Hossain Khokon

Mobarak Hossain

In the case against Mobarak Hossain, today was set for recording testimony from Defense Witness 2. However the senior Defense Counsel for Mobarak Hossain was absent, so his junior Defense Counsel sought adjournment. The Tribunal granted the motion and adjourned the proceedings of the case until 7 January 2014.

Contempt Proceedings

On 26 September 2013, the Tribunal issued a notice towards Channel 24 and others, asking them to give reply by 10 October as to why contempt proceedings should not be initiated against them. The order particularly asked Dr. Zafrullah Chowdhury and Mahfuz Ullah to personally appear before the Tribunal to explain positions they represented about the Tribunal on a talk Show on Channel 24. The Court further ordered that Channel 24 not broadcast the impugned episode again.

Today, 24 December 2013, was set for a hearing on the matter. Dr. Zafrullah Chowdhury, Trustee of Gonosastho Kendra was present at the Tribunal, however, Mahfuz Ullah, General Secretary of Center for Sustainable Development was absent. The Tribunal ordered Mahfuz Ullah to appear before 2 pm. When he did, the Tribunal set 28 January 2014 for further hearing on these contempt matters.

Another hearing was scheduled for today in the contempt proceedings against Khandaker Mahbub Hossain, but a lawyer representing Mr. Hossain sought adjournment for 4 weeks. The Tribunal granted the request and adjourned the proceedings of the case until 23 January 2014.

Zahid Hossain Khokon

In the case against Zahid Hossain Khokon, the Tribunal recorded the testimony of Abdul Gafar Mollah (PW-19) and Prosecution Witness 20. Prosecution witness 20 gave testimony in camera. PW-19 testified in support of Charge 9, and was cross-examined by state-appointed Defense Counsel. Continue reading

12 December 2013: ICT-1 Daily Summary – Zahid Hossain Khokon, PW-16; Fakhrul Islam, Contempt Proceedings

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Zahid Hossain Khokon
  2. Chief Prosecutor vs. Fakhrul Islam   

Zahid Hossain Khokon

In the case against Zahid Hossain Khokon, the Tribunal recorded the testimony of Kolom Sheikh, Prosecution Witness 16. State-appointed Defense Counsel then cross-examined the witness. The witness testified in support of Charge 6. Thereafter, the Tribunal adjourned the proceedings of this case until 23 December 2013.

Fakhrul Islam

In the contempt proceedings against Fakhrul Islam, Defense Counsel for Salauddin Qader Chowdhury, today was set for a hearing. However, Fakhrul Islam was absent from the Tribunal because he had been arrested on 20 November 2013 for alleged involvement in the leaking of a draft verdict passed against Salauddin Qader Chowdhury.  This charge has been brought against him under the Information and Communication Technology Act of 2006. Today, 12 December 2013, junior of Fakhrul Islam appeared on his behalf. The Tribunal set 12 January 2014 for the next hearing on contempt matters. Continue reading

8 December 2013: ICT-1 Daily Summary – Contempt Proceedings against The Economist magazine and Human Rights Watch; Mobarak Hossain, Defense Case-in-Chief; ATM Azharul Islam, Pre-Trial hearing on charge framing order

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Mobarak Hossain
  2. Chief Prosecutor vs. Human Rights Watch
  3. Chief Prosecutor vs. Adam Roberts and Others (The Economist)
  4. Chief Prosecutor vs. ATM Azharul Islam  

Contempt Proceedings Against Human Rights Watch

On 2 September 2013, the Tribunal issued a notice to Human Rights Watch Board of Directors, Executive Directors of Asia Division, Brad Adams, and Associate of Asian Division, Storm Tiv, asking them to submit an explanation within three weeks as to why contempt proceedings should not be brought against them for the publication of an article about the Gholam Azam case, entitled ‘Bangladesh: Azam Conviction Based on Flawed Proceedings: Analysis Outlines how Fair Trial, Rights of Accused Seriously Compromised.’

Today, 8 December 2013, had been set for submissions of the reply. However, Md Asaduzzaman appeared on behalf of Human Rights Watch and informed the Tribunal that, although they had already submitted the vokalotnama (power of Attorney) he did not receive the relevant documents from the Prosecution until today.  Accordingly, Counsel sought adjournment for 8 weeks. The Tribunal granted the request in pat, but set the date to reconvene the proceedings on 7 January 2014.

Contempt Proceedings Against The Economist

In the contempt proceedings against Economist, today was set for passing order on show cause notice. However, the Tribunal elected to delay until 29 December 2013.

Mobarak Hossain

In the case of Mobarak Hossain, today was set for recording the testimony of the Defense Witness 1. However the senior Defense Counsel for Mobarak Hossain was absent, and junior Defense Counsel sought adjournment for one day. The Tribunal  granted the request, and adjourned the proceedings of the case until tomorrow, 9 December 2013.

ATM Azharul Islam

In the case of ATM Azharul Islam, today was set to hear a petition filed by Defense to review the charge framing order, as well as a petition filed by the Prosecution to allow three Prosecution witnesses to testify in camera. However, the senior Defense Counsel Abdur Razzak, who was supposed to make submission on behalf of the Defense, was again not present at the Tribunal.  Once again, junior Defense Counsel sought adjournment for two days, citing “personal difficulties.”  The Judges of ICT-1 granted the petition for adjournment, but noted that they had allowed adjournments three times already.  They warned Defense Counsel that this would be the last time they would allow the adjournment for hearing on these petitions.

The Tribunal set 10 December 2013 for hearing on these petitions.

1 December 2013: ICT-1 Daily Summary – Mobarak Hossain, Defense Case-in-Chief; Channel 24 and others, Contempt Proceedings

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Mobarak Hossain
  2. Chief Prosecutor vs. Channel 24 and Others

Mobarak Hossain

In the case of Mobarak Hossain, today was set for recording the testimony of Defense Witness 1. However, the senior Defense Counsel of Mobarak Hossain was absent from the Tribunal, and the junior Defense Counsel sought adjournment, saying that senior Defense Counsel Ahsanul Huq Hena was unable to make an appearance due to illness.  Senior counsel is in Chittagong, according to the junior attorney, and her could not manage to come to Dhaka because of ongoing blockades. The Tribunal agreed to adjourn the proceedings of the case until 3 December 2013.

Contempt Proceedings

In the case of contempt charges against Channel 24, and various producers and guests of a television program on this channel, Mahful Ullah appeared before the Tribunal, as scheduled. Following his appearance, the Tribunal adjourned the proceedings of the case until 24 December 2013.

28 November 2013: ICT-1 Daily Summary – Channel 24 and Others, Contempt Proceedings; Zahid Hossain Khokon, PW-8 and PW-9

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Channel 24 and Others
  2. Chief Prosecutor vs. Zahid Hossain Khokon

Contempt Proceedings

On 26 September 2013, the Tribunal issued a notice towards Channel 24 and others, asking them to give reply by 10 October as to why contempt proceedings should not be initiated against them. The order particularly asked Dr. Zafrullah Chowdhury and Mahfuz Ullah to personally appear before the Tribunal to explain positions they represented about the Tribunal on a talk Show on Channel 24. The Court further ordered that Channel 24 not broadcast the impugned episode again.

Today, 28 November 2013 was set for a hearing in these contempt proceedings. However, Mahfuz Ullah was not personally present before the Tribunal. Instead, he submitted a written reply through his lawyers. The Prosecution persisted in seeking the in-person appearance of Mahfuz Ullah before the Tribunal. The Tribunal agreed, setting 1 December 2013 as the date for expected personal appearance by Mahfuz Ullah.  They further fixed 24 December 2013 for a hearing on the contempt matter.

Zahid Hossain Khokon

In the case against Zahid Hossain Khokon, the Tribunal recorded the testimony of Hafizur Rahman Chanu (PW-8) and Alauddin Sheikh (PW-9). Thereafter, the state-appointed Defense Counsel cross-examined the witnesses. Both witnesses testified in support of Charge 5 and 7. Continue reading

26 November 2013: ICT-1 Daily Summary – Zahid Hossain Khokon, PW-4 and PW-5; Mobarak Hossain, Defense Case-in-Chief; Fakhrul Islam, Contempt Proceedings

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Zahid Hossain Khokon
  2. Chief Prosecutor vs. Mobarak Hossain
  3. Chief Prosecutor vs. Fakhrul Islam

Zahid Hossain Khokon

In the case against Zahid Hossain Khokon, the Tribunal recorded the testimony of Abdul Hye Mollah (PW-4) and Yunus Mollah (PW-5). Abdul Hye Mollah testified in support of Charges 1, 5 and 7, while and Yunus Mollah testified in support of Charge 1 and 7. Following direct examination, the state-appointed Defense Counsel cross-examined the witnesses.

Mobarak Hossain

In the case against Mobarak Hossain, the Tribunal announced that it would limit the number of Defense witnesses to three, and set December 1, 2013 for recording the testimony of DW-1.

Contempt Proceedings

The Tribunal set December 12 for a hearing on contempt notice issued against Fakhrul Islam, Defense counsel of Salauddin Qader Chowdhury.  Continue reading

20 November 2013: ICT-1 Daily Summary – Motiur Rahman Nizami, Closing Arguments; Khandaker Mahbub Hossain, Contempt Proceedings

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Motiur Rahman Nizami
  2. Chief Prosecutor vs. Khandaker Mahbub Hossain                                       

In the case of Motiur Rahman Nizami, today the Prosecution made rebuttal arguments and the Tribunal closed the summing up.

In the contempt proceedings against Khandaker Mahbub Hossain, a reply was submitted on behalf of Khandakar Mahbub Hossain. Thereafter, the Tribunal adjourned the proceedings of the case until 24 December 2013.  Continue reading