Tag Archives: assault of defense

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 →