The the verdict in the case of Chief Prosecutor vs. Kalam Azad was read out by the Chairman of ICT-2 in the ICT-1 room. Therefore Tribunal 1 did not convene until 12:30 and adjourned early at 1:30pm.
Today Tribunal 1 heard matters in the following cases:
NOTE TO THE READER: Today opposition parties called a hartal (strike) for half the day. AIJI’s researcher was unable to attend the proceedings because of the strike. (transport to and from court becomes quite dangerous during such strikes) These notes regarding the proceedings for today were compiled through other persons present at the tribunal including the Defense team and journalist coverage. The prosecution team was also asked to verify their accuracy but did not respond before publication The WCSC has done its best to insure the neutrality of the notes from today but cannot guarantee their accuracy. Please bring any discrepancies to our attention.
The Tribunal heard matters in the following cases:
Due to the half day hartal a junior member for the Defense requested adjournment until 2pm. The Tribunal granted his request and convened for the afternoon session.
Chief Prosecutor vs. Sayedee, Golam Azam, and Nizami
Yesterday, January 15, 2013 the hearing of the Review application began in the cases of Sayedee, Golam Azam and Nizami. Defense counsel Abdur Razzaq completed his arguments on behalf of the Accused.
Today Haider Ali gave a reply on behalf of the prosecution. He raised an objection regarding the Defense referring to the Order rejecting the retrial application as a ‘impugned order’ in their petition. He submitted that the Defense’s challenge of the usage of the term ‘alleged’ in reference to the skype conversations between the former chairman and Ziauddin was also objectionable. He submitted that as the Defense introduced the skype and e-mail communications, the burden was on them to prove their contents. He argued that the existence of the conversations is established but not their content. Continue reading
Today the Tribunal heard matters in the following cases:
Today Tribunal 1 passed an order exonerating Sayedee’s Defense Counsel, Tajul Islam, Mizanul Islam and Tanvir Ahmed Al-Amin, from the contempt charge pending against them and withdrew the bar against Tajul Islam’s attendance in Tribunal 1.The Tribunal warned Tajul Islam to maintain the decorum of the Tribunal in future.
The Tribunal rejected an application filed by the Defense counsel on behalf of Gholam Azam on January 10, 2013, seeking to have the alleged skype documents and e-mails admitted as exhibits. The Order stated that in its January 3rd order rejecting the Defense applications for retrial the tribunal had already addressed the issue, stating that those documents are inadmissible as the product of illegal hacking.
On behalf of Chowdhury, Defense counsel Ahsanul Huq Hena continued his submission for removal of the conducting Prosecutor Zead-al-Malum. The Tribunal fixed January 20, 2013 for passing its order on the matter.
The Tribunal began hearing arguments in the Defense’s application for review of their order rejecting their request for retrial. Abdur Razzak completed his arguments on behalf of Gholam Azam, Delwar Hossain Sayedee, and Motiur Rahman Nizami.
For more detail continue reading here: Continue reading
Today ICT 1 heard matters in the following cases:
Defense counsel for of Golam Azam, Nizami and Sayedee filed applications for Review of the January 3, 2013 order denying retrial. Senior Defense lawyer Razzaq requested that the tribunal halt proceedings until the Review applications have been addressed by the court. Prosecutor Haider Ali argued that the tribunal should reject the applications summarily.
The Chairman of Tribunal-1 stated that the trials would continue as the court considered the Review applications. Razzaq then argued that in the interest of justice the Tribunal should hear the Review application before hearing the summing up of arguments in Sayedee’s case. This request was rejected and the Prosecution began their closing arguments as scheduled for that case.
Today ICT 1 heard matters in the following cases:
None of the Accused were present in the courtroom today.
Contempt Proceedings
On October 22, 2012 the court began contempt proceedings against Defense Counsel Tajul Islam and barred him from entering into ICT 1. The Tribunal had also served show-cause notices against Defense counsel Tanvir Ahmed Al-Amin and Mizanul Islam on November 6. On November 23, 2012 the former law minister and BNP leader, Moudud Ahmed, offered an unqualified apology on behalf of Tajul Islam and the other defense counsel and begged forgiveness of the court. On November 23, 2012 the Tribunal scheduled January 10 for passing its order on the matter and lifted the bar against Tajul Islam appearing in Tribunal 1, but still barred him from presenting submissions before the Tribunal. Today (January 10, 2013) Tribunal-1 rescheduled January 15, 2013 for passing the order.
Chief Prosecutor vs. Salauddin Qader Chowdhury
Today, Ahsanul Huq Hena, Defense counsel for Salauddin Qader Chowdhury sought adjournment and Tribunal allowed the prayer and adjourned the case till January 14, 2013.
Chief Prosecutor vs. Motiur Rahman Nizami
Mizanul Islam, Defense Counsel of Nizami sought adjournment for today (January 10, 2013) as Nizami was absent from the Tibunal. Mizanul Islam said before the Tribunal that yesterday (January 9, 2013) was fixed for Motiur Rahman Nizami’s case. Prosecutor Iqbal Hossain submitted that there was a common understanding that the case would continue even if Nizami was absent. The Tribunal adjourned the case until January 20, 2013.
Chief Prosecutor vs. Delwar Hossain Sayedee
Today was fixed for hearing proceedings filed by Defense Counsel of Delwar Hossain Sayedee against ATN News and BTV. Tanvir Ahmed Al-Amin submitted before the Tribunal that when Tribunal fixed the date for the resubmission of closing arguments ATN News broadcast interviews of the prosecution witnesses. The Defense alleged that in this programme Sayedee was described by the host as a criminal and war criminal, despite the fact that Saydee has pled not guilty and has not been convicted of any crime up to this point. Relying on section 11(4) of the ICT Act 1973, the Defense sought an order against the media agencies. The Defense argued that these programs prejudiced the Defense case.
Justice Jahangir Hossain interjected that the Tribunal will give judgment on the basis of the merits of the case alone and will not rely on any TV interview or program. The Defense further submitted that BTV also broadcast a similar program. In support of this application Defence submitted a CD and requested that the Tribunal watch the footage of the shows. The tribunal fixed January 14, 2013 for issuing an order.
Chief Prosecutor vs. Professor Golam Azam
Defense Counsel for Golam Azam also filed an application seeking the disqualification of Chief Prosecutor Zead-al-Malum. The Defense requested that the Tribunal hear this application along with a similar application being made in Salauddin Quader Chowdhury’s case. The Defense counsel for Chowdhury filed an application on December 19, 2012 for the removal of the Prosecutor Zead-al-Malum. These applications are based on references to Zead-al-Malum made in the Skype conversations between former Chairman Nizamul Hoque and foreign legal expert Ahmed Ziauddin. The Defense claims that these conversations show collusion between the Prosecution and the judges. The Tribunal fixed January 14, for the hearing of these applications.
Outside the Courtroom
Today, Chairman ATM Fazle Kabir returned from leave and was present at the Tribunal. At one point the Tribunal was informed that Sayedee was experiencing chest pains (He was present in the building but not in the courtroom). Defense Counsel sought the Tribunal’s permission for Sayedee to leave the Tribunal premises and return to custody. Tribunal granted the request.
The Bangladesh Trial Observer 