Category Archives: Contempt Proceedings

October 2013: ICT-2 Monthly Overview of Progress of Cases – Abdul Alim, Final Verdict; Jahir Uddin Jalal, Contempt Proceedings

Due to funding uncertainties late in the year, our project was forced to take a hiatus in the month of October.  During this time, our trial observers were not physically present in the courtroom to observe proceedings.  Trial observation resumed in November, after additional funding was secured to continue the project.  In the interest of continuity, we have compiled two brief posts—one for ICT-1 and the other for ICT-2— highlighting major developments in each of the cases that took place during our October hiatus. As we have done with Hartal coverage of the proceedings, the following information was compiled from official court records and communication with the parties to the proceedings.

This month, the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Abdul Alim
  2. Chief Prosecutor vs. Jahir Uddin Jalal
  3. Chief Prosecutor vs. AKM Yusuf

Tribunal 2 made more limited progress in October than in other months due to a combination of holidays and hartals. The Court was adjourned a number of days in observance of government holidays for Durga Puja (an important Hindu festival) and Eid-ul-Azha (an important Muslim festival), followed by several country-wide hartals, called by the major opposition parties of Bangladesh. The Court convened on 9 October 2013 to deliver Judgment in the case of Chief Prosecutor vs. Abdul Alim, and again on 10 October 2013 to hear arguments in the contempt proceedings against a Prosecution witness, Mr. Jahir Uddin Jalal. These major days of proceedings are covered separately in dedicated daily posts for each day.  Aside from the Judgment and the contempt proceedings, the following highlights the Court’s schedule in October. Continue reading

26 September 2013: ICT-2 Daily Summary – Jahir Uddin Jalal, Contempt Proceedings; AKM Yusuf, Adjourned

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Jahir Uddin Jalal
  2. Chief Prosecutor vs. AKM Yusuf

 Today, Tribunal 2 fixed 10 October 2013 as the date for passing an order in the contempt proceedings against Jahir Uddin Jalal, PW-2 in the case against Ali Ahsan Muhammad Mujahid.

The Court also rescheduled the case of AKM Yusuf to 06 October 2013, since the Prosecution failed to produce its first witness today.

After pronouncing upon these matters, Tribunal 2 adjourned for the day.

29 July 2013: ICT-2 Daily Summary – contempt proceedings, Ahsrafuzzaman Khan and Mueen Uddin PW 5 and 6.

Today the Tribunal heard matters in the following cases:

  1. Contempt Proceedings against Prosecution Witness Jahir Uddin Jalal
  2. Chief Prosecutor vs. Ashrafuzzaman Khan and Chowdhury Mueen Uddin

The Tribunal revisited the contempt proceedings against Jahir Uddin Jalal, who is accused of attacking a member of the Defense outside of the High Court. The Tribunal previously passed an order on the matter cautioning against his behavior without concluding that he in fact had attacked the Defense counsel. Jalal contested the order and stated that his lawyer had been acting without his consent in approving of such an order. The Tribunal therefore recalled the order and is rehearing the matter.  Jalal’s newly appointed counsel, Mr Kamrul Islam Siddiqui, made submissions on his behalf. Mr Abdur Razzak appeared on behalf of the petitioner, Defense counsel member Munshi Ahsan Kabir. The Tribunal heard both parties and then passed an order asking the Chief Metropolitan Magistrate to carry out an enquiry into the alleged incident.

Next the Tribunal turned the Ashrafuzzaman Khan and Chowdhury Mueen Uddin case, in which they recorded the cross-examination of Prosecution witness 5 and the examination of Prosecution witness 6.

Continue reading

23 July 2013: ICT-2 Daily Summary – Contempt Proceedings, Ashrafuzzaman Khan and Mueen Uddin PWs 3 and 4.

23 July 2013: ICT-2 Daily Summary – Contempt Proceedings against Prosecution Witness, Ashrafuzzaman Khan and Chowdhury Mueen Uddin Cross Examination of PW 3

Today the Tribunal heard matters in the following cases:

  1. Contempt Proceedings against Jahir Uddin Jalal
  2. Chief Prosecutor vs. Ashrafuzzaman Khan & Chowdhury Mueen Uddin

Jahir Uddin Jalal, a Prosecution witness against whom contempt charges were brought after he allegedly physically assaulted a Defense attorney outside of the High Court, filed an application to recall the order passed by Tribunal on 21 July. The Tribunal’s order disposed of the the charge by cautioning the witness not to engage in similar behavior in the future, without concluding that the incident was definitively committed by him. Jalal opposed the order, alleging that he did not instruct his lawyer Monsur Rashid to propose such a disposal of the matter and that the lawyer had acted without his instruction. Jalal’s newly appointed counsel requested that the order be recalled. The Tribunal accepted the application and recalled the order, scheduling a rehearing of the matter for 29 July.

In the Khan and Mueen Uddin case the Tribunal heard the cross-examination of Prosecution witness 3 as well as the testimony of Prosecution witness 4. The case is scheduled to continue tomorrow, 24 July, with the testimony of Prosecution witness 5. Continue reading

21 July 2013: ICT-2 Daily Summary – Contempt Proceedings, Ashrafuzzaman Khan and Mueen Uddin PW 3

21 July 2013: ICT-2 Daily Summary – Contempt Proceedings, Ahrafuzzaman Khan and Chowdhury Mueen Uddin PW 3

Today the Tribunal heard matters in the following cases:

  1. Contempt Proceedings against Prosecution Witness Jahir Uddin Jalal
  2. Chief Prosecutor vs. Ashrafuzzaman Khan and Chwodhury Mueen Uddin

Today the Tribunal heard ongoing arguments from both parties in the contempt proceedings against Prosecution witness Jahir Uddin Jalal, who allegedly assaulted defense counsel Mr Munshi Ahsan Kabir outside of the High Court. After consulting the victim of the alleged attack the Tribunal disposed off the matter with and order of caution to the contemnor.

The  Tribunal then moved to the Ashrafuzzaman Khan and Chowdhury Mueen Uddin case, in which the Prosecution called Prosecution witness 3 to testimony. State appointed defense attorneys Shukur Khan and Tuny will conduct the cross-examination of the witness on 23 July 2013. Continue reading

11 July 2013: ICT-2 Daily Summary – Contempt Proceedings, Alim Adjournment

Today the Tribunal heard matters in the following cases:

  1. Contempt Proceedings Again Prosecution Witness, Jahir Uddin Jalal
  2. Chief Prosecutor vs. Abdul Alim

 Both the contempt proceedings against Prosecution witness Jahir Uddin Jalal and the Alim case appeared in the daily cause list for Tribunal 2 today. In the contempt proceedings against Jahir Uddin Jalal, the Prosecution witness was represented by Advocate Monsur Rashid who submitted a written explanation denying all allegations. Jalal, alias Bicchu, allegedly attacked Defense lawyer Munshi Ahsan Kabir near the high court. Mujahid was briefly hospitalized after the alleged attack but was soon released. The petitioner and alleged victim sought additional time to review Jalal’s explanation before responding. The Tribunal scheduled further hearing of the matter for 21 July 2013.

After the contempt proceedings were scheduled, the Defense for the Alim case also filed a petition seeking time and adjournment for the day. There was no objection from the Prosecution and the Tribunal adjourned the case until 17 July 2013. 

30 June 2013: ICT-2 Daily Summary – Contempt Proceedings, Alim PW 28 and 29

Today the Tribunal heard matters in the following cases:

  1. Contempt Proceeedings vs. Jahir Uddin Jalal
  2. Chief Prosecutor vs. Abdul Alim

The counsel of contemnor Mr Jahir Uddin Jalal, who allegedly attacked defense counsel Mr Munshi Ahsam Kabir was not present in the court when the case was called for. The accused-contemnor and Prosecution witness himself stood before the Tribunal and requested a short pass-over of the matter until the arrival of his counsel. The Tribunal then went on to hear the case against Mr Abdul Alim. The Prosecution examined Prosecution witnesses 28 and 29, both of whom work at the Bangladesh Muktijuddho Jadughor (Bangladesh War of Liberation Museum) and who provided testimony as formal witnesses exhibiting seizure list documents.

After the conclusion of the witness testimony, Mr Monsur Rashid appeared before the tribunal on behalf of Jahir Uddin Jalal. He argued that the allegations brought against his client pertaining to the assault of a Defense attorney are ficticious. He argued that the Jalal was not in the vicinity/area where the alleged incident purportedly took place. Therefore he concluded that either this is a case of mistaken identification or it is merely a strategic tactic being used by the defense to harass the Prosecution witness or divert attention away from the regular cases pending. The counsel apologized before the Tribunal for his delay in the morning and stated that there was some delay at the security clearance in the tribunal’s entry gate. The judges were very critical about the counsel’s delay as this was the second time that he appeared late. Continue reading