Category Archives: contempt proceedings

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

11 November 2013: ICT-1 Daily Summary – Hartal Coverage of Motiur Rahman Nizami; Contempt proceedings against Fakhrul Islam, Defense Counsel for Salauddin Qader Chowdhury

Today the Tribunal heard matters in the following cases:

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

Today was set for the submission of the Defense closing arguments. However, due to another hartal, the senior Defense Counsels who were supposed to make the Defense submissions were absent at the Tribunal. Junior Defense Counsel once again submitted an application seeking adjournment on the grounds of “personal difficulties.” The Tribunal agreed to adjourn the proceedings once again until, 12 November 2013.

In the contempt proceedings against Fakhrul Islam, Defense Counsel of Salauddin Qader Chowdhury, today was set for his appearance. However, Fakhrul Islam was not present at the Tribunal, and his junior appeared on his behalf, seeking adjournment for two months. The Tribunal agreed to adjourn the proceedings of the case until 26 November 2013.

6 November 2013: ICT-1 Daily Summary –Motiur Rahman Nizami, Closing Statements; Channel 24 and others, Contempt Proceedings

Despite being the final day of a 60-hour nationwide Hartal, ICT-1 convened to hear matters in the following cases:

  1. Chief Prosecutor vs. Motiur Rahman Nizami
  2. Chief Prosecutor vs. Channel 24 and others

Contempt Proceedings Against Channel 24

On 26 September 2013, the Tribunal issued an Order to the following individuals and organizations: Managing Director of Channel 24, Chief Executive Officer of Channel 24, Executive Director of Channel 24, Head of Program of Channel 24, Episode Producer of Muktobaak, broadcasted on 18 September 2013 at 11 am, Mahmudur Rahman Manna, Anchor Muktoback, Dr. Zafrullah Chowdhury, Trustee of Gonosastho Kendra and Mahfuz Ullah, and the General Secretary of the Center for Sustainable Development.  The Order directed them to reply before 10 October, explaining why contempt proceedings should not be initiated against them. The order further asked Dr. Zafrullah Chowdhury and Mahfuz Ullah personally appear before the Tribunal to explain their position, and asked Channel 24 not to re-broadcast the episode of the talk-show in question in the Order. The Tribunal  accused the guests on the show of improperly discussing a matted subjudice (under legal consideration by the Tribunal), without knowing all the facts.  In so doing, the Tribunal alleged, Channel 24 and the guests could be held in contempt for deliberately calling the trial proceedings into question. Today was fixed for further proceedings of the case, but the lawyer representing Mahfuz Ullah sought additional time to submit a reply to the show-cause notice. Md Asaduzzam appeared on behalf of Channel 24. Dr. Zafrullah Chowdhury appeared personally before the Tribunal and submitted a written reply of the notice. Thereafter, the Tribunal adjourned the proceedings of the case until 28 November 2013.

Prosecutor vs. Motiur Rahman Nizami

In the case against Motiur Rahman Nizami, the Prosecution continued closing arguments for the fourth day. The Prosecution’s submissions today covered Charge no 11, 12, 13 and 14. Thereafter, the Tribunal adjourned the proceedings of the case until tomorrow, 7 November 2013.

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4 November 2013: ICT-1 Daily Summary –Motiur Rahman Nizami, Closing Statements; The Economist Magazine and Human Rights Watch, Contempt Proceedings

Despite a 60-hour nationwide Hartal that kept ICT-2 out of session today, ICT-1 proceeded to hear matters in the following cases:

  1. Chief Prosecutor vs. Motiur Rahman Nizami
  2. Chief Prosecutor vs. The Economist Magazine
  3.  Chief Prosecutor vs. Human Rights Watch                                               

Contempt Proceedings Against Human Rights Watch

Today, Md Assaduzzaman appeared on behalf of Human Rights Watch and informed the Tribunal that he had received power of Attorney from the organization. He further submitted that Human Rights Watch had received notice but had not gotten a copy of the order dated 2 September 2013, nor any documents relating to the contempt proceedings. He sought 8 weeks time for preparation. The Tribunal granted this, adjourning the proceedings of the case until 8 December 2013.

Contempt proceedings against The Economist

In the contempt proceedings against The Economist, the Tribunal issued a notice in December 2012, asking the South Asian Bureau Chief and the Chief Editor to reply why contempt proceedings should not be initiated against them. Appearing on behalf of The Economist, Barrister Mustafizur Rahman Khan had submitted a reply to the Tribunal, which has been pending ever since. Today, 4 November 2013, had been fixed for the contempt proceedings, but they were pushed back to 8 December 2013 for further proceedings of this case.

Motiur Rahman Nizami

In the case against Motiur Rahman Nizami, the Prosecution made their closing arguments for the second day. The Prosecution made submission about the role of Nizami in 1971, as well as submissions in support of Charge 1. Thereafter, the Tribunal adjourned the proceedings of the case until tomorrow, 5 November 2013.

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