Category Archives: Trial of Mubarak Hossain

16 June 2013: ICT-1 Daily Summary – Mobarak Hossain PW 4, AKM Yusuf Defense Applications, Nizami Adjournment

 Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Mobarak Hossain – Cross-examination of PW 4
  2. Chief Prosecutor vs. Motiur Rahman Nizami– adjournment due to illness of witness
  3. Chief Prosecutor vs. AKM Yusuf – Rescheduling of Charge Hearing, Defense Applications

In the Mobarak Hossain case the Defense conducted the cross-examination of Prosecution witness 4, Khadem Hossain Khan. In the case against Motiur Rahman Nizami the Prosecution was scheduled to examine Prosecution witness 11, but was granted an adjournment by the Tribunal due to the witness’ illness. Today was also fixed for hearing the official charges against AKM Yusuf. However the Defense filed two applications; one seeking two weeks adjournment for further preparation and another for permission to have privileged communication with the Defendant. The Tribunal granted the application for privileged communications, allowing the Defense to meet with AKM Yusuf on 22 June. Tribunal also accepted the request for adjournment and scheduled the next proceedings of the case for 1 July 2013.

Chief Prosecutor vs. Mobarak Hossain
Cross-Examination of  PW 4
Khadem Hossain Khan, a victim during the war of independence, underwent cross-examination by the Defense. During the Prosecution’s examination-in-chief, Khadem Hossain Khan had testified that after the country was “liberated” on 16 December 1971, freedom fighters and Awami League supporters rescued him by breaking the lock of the jail. The Defense asked the witness when he was first taken to jail and when he as released. The witness replied that he was taken to the jail on 26 November 1971 and released on the 7th or 8th of December after the Brahmanbaria area was liberated. He said that Brahmanbaria was liberated on 6 December 1971. The Defense asked the witness numerous questions about the jail authority, jailor, jail super, whether the witness was presented before any magistrate before he was taken to the jail, and whether there was any doctor at the jail during his intention, all with the intention of casting doubt on his testimony. The Defense asked the witness about the number of the wards in the jail. Witness replied that he did not now how many wards there were in total, but that his ward number was number three. The Defense asked the witness to recall the name of three persons who were with him in the same ward and still alive. The witness replied that all those who were detained with him are now deceased. Continue reading →

9 June 2013: ICT-1 Daily Summary – Chowdhury PW 41, Hossain PW 4

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Salauddin Qader Chowdhury
  2. Chief Prosecutor vs. Mobarak Hossain

In the Salauddin Qader Chowdhury case, the Defense continued to conduct the cross-examination of the Investigation Officer, Md Nurul Islam, Prosecution witness 41. Thereafter, the Tribunal adjourned the proceedings of the case until tomorrow, 10 June, 2013. In the Mobarak Hossain case, the Tribunal heard the examination-in-chief of Khadem Hossain Khan, Prosecution witness 4. Thereafter, the Tribunal adjourned the proceedings of the case until 11 June, 2013.  Continue reading →

2 June 2013: ICT-1 Daily Summary, Nizami PW 10, Mubarak Hossain PW 3

Today the Tribunal heard matters in the following cases: 

  1. Chief Prosecutor vs. Motiur Rahman Nizami
  2. Chief Prosecutor vs. Mubarak Hossain

In the Motiur Rahman Nizami case, the Tribunal heard the examination-in-chief of Tofazzal Hossain, Prosecution Witness 10. Thereafter, the Defense requested time to prepare for cross-examination, alleging that the Prosecution informed them about PW-10 just before the beginning of today’s proceedings (normally the Prosecution informs the Defense about the witness who is going to testify on the day before, so that Defense can prepare). The Tribunal allowed the prayer and adjourned the proceedings of the case until 4 June, 2013.

In the Mubarak Hossain case, the Tribunal heard the examination-in-chief of Md Rafiqul Islam, Prosecution Witness 3, who testified in support of charge no 3. Thereafter, Defense Counsel Ahsanul Huq Hena conducted cross-examination. After the conclusion of the cross-examination, the Tribunal adjourned the proceedings of the case until 9 June, 2013. Continue reading →

28 May 2013: ICT-1 Daily Summary – Chowdhury Applications, Mubarak Hossain PW 2

28 May 2013: ICT-1 Daily Summary – Chowdhury Applications, Mubarak Hossain PW 2

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Salauddin Qader Chowdhury
  2. Chief Prosecutor vs. Mubarak Hossain

In the Salauddin Qader Chowdhury case, the Tribunal heard three applications filed by Prosecution. The first one was for the acceptance of eight out-of-court Prosecution witness statements that were recorded by the Investigation Officer as evidence under section 19(2) of the ICT Act. The second application was a request for the admission of some additional documents under section 9(4) of the ICT Act . The third application requested correction of a clerical mistake in the Charge Framing Order. The Tribunal also heard two Defense applications. The first one requested the recall Order 17, which was passed on 13 March 2012. The second application requested that two Prosecution witnesses be recalled. recalling two Prosecution witnesses. Salauddin Qader Chowdhur was absent in the Tribunal when Tribunal heard the applications due to illness. He came to the Tribunal after the lunch break and stayed a few of minutes. The Tribunal adjourned the proceedings of the case for the day in consideration of his illness.

In the Mubarak Hossain case, Defense Counsel Ahsanul Huq Hena conducted the cross-examination of Prosecution witness 2, Khodaza Begum. Thereafter, Tribunal adjourned the proceedings of the case until 2 June, 2013 Continue reading →

27 May 2013: ICT-1 Daily Summary – Nizami PW 9, Mubarak Hossain PW 2

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Motiur Rahman Nizami
  2. Chief Prosecutor vs. Mubarak Hossain

In the case against Motiur Rahman Nizami , Defense counsel Mizanul Islam conducted cross-examination of Prosecution witness 9, Aynul Haque, who testified in support of Charge 2. Thereafter, the Tribunal adjourned the proceedings of the case until 2 June 2013.

In the case against Mubarak Hossain case, the Tribunal heard the examination-in-chief of Prosecution witness 2, Khodaza Begum. Thereafter, the Tribunal adjourned the proceedings of the case until tomorrow 28 May 2013. Continue reading →