Tag Archives: fine

2 April 2013: ICT-1 Daily Summary – Hartal – Gholam Azam Defense Closing Arguments

Please note that today was a hartal and due to security concerns our researchers were unable to attend proceedings. The following brief summary is compiled from media sources and conversations with the Defense and Prosecution.

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Gholam Azam

Today was scheduled for the conclusion of the Defense’s Closing Arguments on legal points. Abdur Razzaq, Senior Defense Counsel for Gholam Azam was not present before the Tribunal. A junior Defense counsel member filed an application for adjournment on the grounds that the senior Defense members were facing personal difficulties. The junior also noted that the Defense had tried to pay the costs imposed by the Tribunal upon them on 27 March, but were unable due to a problem with the server of the concerned bank’s online network. He stated that they tried to pay another two times and so today sent a clerk to pay the cost directly.

Prosecutor Sultan Mahmud Simon opposed the application for adjournment. Prosecutor Turin Afroz submitted that the cost imposed does not reflect the value of the labor and time of judges, lawyers, officials and others which she claimed are being wasted because of the Defense counsel’s absence. After hearing both sides’ arguments, the Tribunal adjourned the proceedings until tomorrow, 3 April 2013. The Tribunal also passed an order directing the Defense counsels to finish the legal arguments by 4 April and noted that failure to do so would effectively terminate the Defense counsel’s Closing Arguments.

27 Feb 2013: ICT-2 Daily Summary – Alim Adjournment and Fine

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Abdul Alim – Defense Petition for Time and Adjournment (Accused Present)

The Defense for Alim submitted a time petition before the Tribunal-2 requesting an adjournment of the case until Sunday, 3 March 2013. The Defense counsel said that the two other senior counsels engaged in the case are currently unavailable, one by reason of his illness and the other because of personal difficulty. The Tribunal Chairman commented that in the interest of justice the Tribunal must grant additional time when counsel is unable to appear because of personal difficulty. However, he stated that such absences cannot continue frequently and continuously. The delay should be compensated by cost implications. Prosecutor Rana Das Gupta submitted that the Defense should pay a cost of Taka 50,000 (fifty thousand), so as to communicate a message to everyone that causing delay will come with burdensome consequences.

The Tribunal adjourned the case until Sunday, requiring the Defense counsel to pay a total of Taka 2,000. The court said that this shall be paid from the counsel’s own pocket and the client should not pay or bear any burden. The Defense counsel said the fine would be paid and apologized for the unwanted delay in the proceedings.