Tag Archives: assault of defense

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

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

18 June 2013: ICT-2 Daily Summary – Jalal contempt proceedings, Alim Cross Examination of PW 25

Today the Tribunal heard matters in the following cases:

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

In the contempt proceedings against Jahir Uddin Jalal, the Tribunal granted additional time to Jalal’s lawyer to prepare his explanation, and set June 30 as the date for the next hearing. In the Abdul Alim case, defense counsel Hena conducted the cross examination of Prosecution witness 25. The counsel mainly directed his questioning towards the credibility of the witness.  Continue reading

28 May 2013: ICT-2 Daily Summary – Mujahid Closing Arguments, Contempt Proceedings vs. PW 2

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Ali Ahsan Mohammed Mujahid –  Defense Closing Arguments
  2. Contempt Proceedings Against Jahir Uddin Jalal, Prosecution Witness 2

The Defense in the Mujahid case addressed Charge-7, covering its evidentiary aspects before making overall closing statements regarding the investigation process and the case in general. The Closing Arguments were primarily led by Defense counsel Munshi Ahsan Kabir who had been released from the hospital following an alleged assault on him by Jahir Uddin Jalal, Prosecution witness 2.

After lunch, the Tribunal took up the issue of the alleged assault and heard the Defense’s application for contempt proceedings to be brought against the witness Jalal. After hearing the application the court ordered of contempt proceeding against the witness to begin 5 June 2013. They issued a notice that Jalal must submit his written explanation by that date. Continue reading

27 May 2013: ICT-2 Daily Summary – Contempt, Ashrafuzzaman Khan and Moinuddin Order, Mujahid Closing Arguments

Today the Tribunal heard matters in the following cases:

  1. Contempt Proceedings vs. Prosecution Witness 2, Jalal
  2. Chief Prosecutor vs. Ashrafuzzaman Khan
  3. Chief Prosecutor vs. Chowdhury Moinuddin
  4. Chief Prosecutor vs. Ali Ahsan Mohammed Mujahid

The day’s proceedings began with the Defense notifying the court that Prosecution witness 2 in the Mujahid case had allegedly assaulted Defense counsel member Munshi Ahsan Kabir near his chambers in Paltan, Dhaka. On 26 May 2013, Mr. Kabir was on his way to the chamber to attend a meeting of the Defense team. As he was descending from his rikshaw he encountred the witness, Jalal, who verbally assaulted him, calling him ‘son of Rajakar’ and using other insults and curses. The Defense claimed that Jalal then kicked Mr. Kabir in his lower abdomen by the prosecution witness, causing him to collapse on the ground. Jalal fled the scene. Mr. Kabir was then taken to the hospital by local people. The Defense urged the Tribunal to take action against the attacker of the and expressed the hope that all would agree, including the Prosecution. The Tribunal fixed 28 May 2013 for a hearing of the Defense’s contempt petition regarding the attack.

The Tribunal nex passed an order allowing the trials of Md Ashrafuzaman Khan, alias Nayeb Ali, and Moinuddin Chowdhury to be held in absentia under Section 10A of the ICT Act and Rule 32 of the Rules of Procedure of Tribunal-2. The judges observed that the two accused have not appeared before the court despite publication of notices in two widely circulated national dailies. The Tribunal stated that the two are considered to have absconded in an effort to avoid trial and that therefore their trials will commence in their absence. Mr Abdus Shukur Khan and Salma Hye Tuni, both learned advocates of the Supreme Court of Bangladesh have been selected as State-appointed-counsels to defend the accused, and will receive remuneration as approved by the Tribunal.

Finally, the in the case of Mujahid the Defense resumed Closing Arguments, addressing factual and evidentiary issues pertaining to Charges 2 to 6. The Defense noted that Charge 7 would be addressed on the following day and that Defense counsel Abdur Razzak would subsequently discuss relevant legal issues in the case.  Continue reading