Category Archives: Tribunal 1

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.

10 November 2013: ICT-1 Daily Summary – Hartal Coverage of Motiur Rahman Nizami

Today the Tribunal heard matters in the following case:

  1. Chief Prosecutor vs. Motiur Rahman Nizami

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 submitted an application seeking adjournment on the grounds of personal difficulties. It is notable that on Hartal days the Defense Counsels tend to seek adjournment on the ground of “personal difficulties” instead of mentioning the hartal.

The Tribunal agreed to adjourn the proceedings of the case until tomorrow, 11 November 2013.

7 November 2013: ICT-2 Daily Summary – Mir Quasem Ali, Order transferring case back to ICT-1 for review; AKM Yusuf, PW-3

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Mir Quasem Ali
  2. Chief Prosecutor vs. AKM Yusuf

Tribunal 2 passed an order today, sending the case of Mir Quasem Ali back to Tribunal 1 for disposal of an application filed on behalf of the Defense seeking review of the Charge Framing Order. The Charge Framing Order had been passed by Tribunal 1 on 5 September, 2013. The case was later transferred by Tribunal 1, propio motu, to Tribunal 2 on 30 September 2013. It appeared that a copy of the review application was never received by Tribunal 2 with the case records sent to them from Tribunal 1. Defense stressed that they had indeed filed the application on 17 September 2013, and the Prosecution acknowledged receipt of a copy of the same. Accordingly, the judges of Tribunal 2 were of the opinion that, since the Charge Framing Order had been passed by Tribunal 1, the review petition challenging the Charge Framing Order should also be heard and discharged by the same court. Accordingly, ICT-2 resolved to send the case records back to ICT-1. The case records will be transferred to ICT-1, exclusively for the purpose of reviewing the application.  The case will thereafter be sent back to Tribunal 2 for the commencement of trial. Continue reading →

7 November 2013: ICT-1 Daily Summary –Motiur Rahman Nizami, Defense Closing Arguments

Today the Tribunal heard matters in the following case:

  1. Chief Prosecutor vs. Motiur Rahman Nizami

In the case of Motiur Rahman Nizami, the Defense began closing arguments today. The Defense submissions focused on the testimony of PW-1, Misbahur Rahman Chowdhury, and PW-26, IO Abdur Razzak Khan.  Counsel also reviewed several  evidentiary exhibits. Thereafter, the Tribunal adjourned the proceedings in the case until 10 November 2013.

Closing Arguments of the Defense

The Defense acknowledged Motiur Rahman Nizami was the president of Pakistani Islami Chatra Sangha, student wing of Jamaat-e-Islami, until the end of September 1971, but they denied that Nizami was the chief of Al-Badars or involved with the activities of Al-Badr. The Defense further denied any involvement of the Accused in forming the Shanti (Peace) Committee, Razakars, Al-Badr, or Al-Shams. Continue reading →

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.

Continue reading →