Category Archives: Trial of Motiur Rahman Nizami

26 September 2013: ICT-1 Daily Summary –Motiur Rahman Nizami, PW-26; Contempt Charges against Channel 24 and others

Today the Tribunal heard matters in the following cases:

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

Contempt Proceedings

On 25 September 2013, the Tribunal heard a petition filed by Prosecution for contempt under section 11(4) of the ICT Act 1973 read with Rule 45 of Rules of Procedure 2010 against a number of Channel 24 personnel and affiliates. Todaythe Tribunal issued a notice towards the named individuals, asking them to reply by 10 October 2013, explaining why contempt proceedings should not be initiated against them. The Order specifically called Dr. Zafrullah Chowdhury and Mahfuz Ullah to appear before the Tribunal in person.  The Court further asked Channel 24 not to re-broadcast the impugned talk-show episode. The Order declared that talk-show guests, Dr. Zafrullah Chowdhury and Mahfuz Ullah had publically discussed a matter subjudice, without knowing the factual aspects, and had deliberately called into question the trial proceedings. Channel 24 had facilitated this behavior by broadcasting the offending statements of the guests.  Continue reading →

25 September 2013: ICT-1 Daily Summary –Motiur Rahman Nizami, PW-26; Abdus Sobhan, Pre-Trial Submissions; Contempt Charges against Channel 24 and others

Today the Tribunal heard matters in the following cases:

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

Chief Prosecutor vs. Motiur Rahman Nizami

In the case against Motiur Rahman Nizami, PW-26, the Investigation Officer (IO) Abdur Razzak, began to record his testimony in Court.

Chief Prosecutor vs. Abdus Sobhan

In the case of Abdus Sobhan, the Defense sought leave to have privileged communication with his client on Saturday. The Tribunal granted the request.

Contempt Proceedings

Today the Prosecution filed a petition for contempt under section 11(4) of the ICT Act, read with Rule 45 of Rules of Procedure.  The contempt charges are against the Managing Director of Channel 24, Chief Executive Officer of Channel 24, Executive Director of Channel 24, Head of Programme of Channel 24, Episode Producer of Muktobaak broadcasted on 18 September 2013 at 11 am, Mahmudur Rahman Manna (Anchor Muktoback of Channel 24), Dr. Zafrullah Chowdhury (Trustee of Gonosastho Kendra), and Mahfuz Ullah (General Secretary of Center for Sustainable Development). The Tribunal heard the petition and set tomorrow for passing an order. Continue reading →

23 September 2013: ICT-1 Daily Summary – Motiur Rahman Nizami, PW-24 and PW-25

Today the Tribunal heard matters in the following case:

  1. Chief Prosecutor vs. Motiur Rahman Nizami

In the case of Motiur Rahman Nizami, the Prosecution filed an application under 9(4) of the ICT Act, to admit 13 books as additional documents. The Defense filed another application under 19(2) of the ICT Act, to allow the statements of three deceased Prosecution witnesses. Thereafter, Tribunal recorded the testimony of two seizure list witnesses—Azabuddin Mia (PW-24) and Swapon Kumar Biswas (PW-25)—and the Defense conducted cross-examination. Continue reading →

22 September 2013: ICT-1 Daily Summary – Motiur Rahman Nizami, PW-23

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 concluded cross-examining Prosecution witness 23, Sayeda Salma Mahmud. She testified in support of charge 16. Thereafter, the Tribunal adjourned the proceedings of the case until tomorrow.

Cross-Examination of PW-23

The Defense opened cross-examination by asking the witness about her education and her siblings. During the examination-in-chief, the witness had testified about her aunt Modira’s husband. The witness had testified that her uncle’s name was Lieutenant Commander Moazzem Hossen, that he was a Nevi officer, and that he had been accused in the Agortola Conspiracy case and killed in the morning of 26 March 1971. Continue reading →

18 September 2013: ICT-1 Daily Summary – Hartal Coverage of ATM Azharul Islam, Pre-Trial; Motiur Rahman Nizami, PW-23

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. ATM Azharul Islam
  2. Chief Prosecutor vs. Motiur Rahman Nizami

Today was the first day of a 48-hour countrywide shut down called by Jamaat-e-Islam. Due to the Hartal, our monitors could not safely travel to the Court to attend proceedings.  The following coverage was compiled from official court records and communication with the parties to the proceedings.The case of ATM Azharul Islam was scheduled for charge hearing today. However, the junior Defense Counsel sought adjournment, saying Senior Defense Counsel could not attend the Tribunal due to personal difficulties. The Prosecution opposed the motion, but the Tribunal agreed to adjourn the proceedings of the case until 23 September 2013. The Prosecution had already completed their submission on charge framing.

In the case of Motiur Rahman Nizami, the Court had scheduled cross-examination of Sayeda Salma Haque, Prosecution witness 23. The Prosecution could not produce the witness, however, and therefore sought additional time, which was granted.  Thereafter, the Tribunal adjourned the proceedings until 22 September.

Continue reading →