Category Archives: Tribunal 2

29 Jan 2013: ICT-2 Daily Summary – Contempt Proceedings and Kamaruzzaman documentary evidence

Today the Tribunal heard matters in the following cases:

  1.  Warning of Contempt Proceedings against Daily Naya Diganta
  2. Chief Prosecutor vs. Muhammad Kamaruzzaman: Hearing of application for submission of further documentary evidence (Accused Present)
  3. Contempt Proceedings Against Suranjit Sen Gupta (Accused Not Present)

Comments on Court Administration
Mr Abdul Baset Majumdar, senior counsel for Suranjit Sen Gupta, opened the day’s proceedings by expressing his dissatisfaction with the security clearance procedure at the entrance of the International Crimes Tribunal. He commented that the security often becomes onerous, especially for senior counsel who should be entitled to easier access. He acknowledged the necessity of security protocol but stated the methods and mechanisms employed should be more user-friendly. The Chairman of ICT-2 agreed with Mr Baset, stating that even his car was subject to significant checks at the gates and that the matter will be looked into. In the meantime the court asked counsel for both parties to cooperate.

The court then began hearing arguments in contempt proceedings and within the case of Kamaruzzaman. Continue reading →

28 January 2013: ICT 2 Daily Summary – Prosecution Witness 17 documentary evidence

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Muhammad Kamaruzzaman – Direct examination of prosecution witness 17 (Accused Present)

The Tribunal heard the prosecution’s application to submit further evidence in its case under section 9(4) of the International Crimes (Tribunals) Act 1973.  In addition to extracts from newspapers that refer to the accused Muhammad Kamaruzzaman as a leading figure of the then operational Al-Badar high command, the prosecution also requested the admission of classified documents collected from the Bangladeshi National Security Intelligence (NSI) containing a list of collaborators who were arrested in Dhaka  after the Liberation War for allegedly  assisting the Pakistani Army. The prosecution claims to have obtained the list on 8 March 2012. The Defense is scheduled to make a counter submission regarding the issue tomorrow, following which the tribunal will give its decision as to the admissibility of the evidence.

The prosecution then called for PW-17 Amena Khatun, the Documentation Officer and Departmental Head of Muktijuddho Jadughor (Liberation War Museum).  Continue reading →

24 Jan 2013: ICT 2 Daily Summary – Contempt Proceedings MK Anwar

Today the Tribunal was scheduled to hear matters in the following case:

  1. Chief Prosecutor vs. Ali Ahsan Muhammad Mujahid: examination-in-chief of prosecution witness (Accused was Present

However, the court first accepted the Prosecution’s submissions for contempt proceedings to be issued against MK Anwar, a political leader of the BNP Party (an opposition party.)

In accordance with the Court’s verbal instructions on 23 January 2013, the Prosecution submitted a written application in regards to a statement made by MK Anwar seeking contempt proceedings to be issued against him. On 20 January 2013 MK Anwar, a day before ICT-2’s first verdict was issued, commented in his speech marking the 77th birth anniversary of late president Ziaur Rahman that the government is staging the ongoing trials as a mechanism of vengeance against the leaders of opposition parties. Mr Rana Das Gupta, the Prosecution counsel, reiterated  that the BNP leader’s comment is a malicious one, aimed to jeopardize the confidence of the masses as to the neutrality, independence and fairness of the tribunal. The prosecutor submitted that unless some sort of action is initiated against him, he is likely to continue to make such comments. He noted that MK Anwar had previously made similar comments, for which he was warned by Tribunal-1.

The Prosecution advocated for punishment of MK Anwar under section 11(4) of the International Crimes (Tribunals) Act 1973, which accords the tribunal the authority to punish any person who obstructs or abuses its process or disobeys any of its orders or directions, or does anything which tends to prejudice the case of a party before it, or tends to bring it or any of its members into hatred or contempt, or does anything which constitutes contempt of the Tribunal. The Tribunal upon hearing the learned prosecutor retired till lunch to pass an order.

After lunch, the Tribunal pronounced its order requiring MK Anwar to submit an explanation through his lawyers within 7 days. They opined that such comments pertain to subjudice matters, or matters currently under consideration by the Tribunal, and therefore may adversely influence the public perception about the ICT. The Tribunal further observed that the independent judiciary shall be kept segregated from politics in the interest of upholding the rule of law. MK Anwar shall be obliged to submit his explanation no later than 3 February 2013.

It may be noted that Mr Suranjit Sen Gupta, the ruling party’s influential policy maker is also facing contempt proceedings akin to that now faced by Anwar, for previously making comments on sub-judice matters.

Tribunal-2 did not hear the examination-in-chief of the prosecution witness in Ali Ahsan Mujahid’s case and adjourned for the day.