The the verdict in the case of Chief Prosecutor vs. Kalam Azad was read out by the Chairman of ICT-2 in the ICT-1 room. Therefore Tribunal 1 did not convene until 12:30 and adjourned early at 1:30pm.
Today Tribunal 1 heard matters in the following cases:
NOTE TO THE READER: Today opposition parties called a hartal (strike) for half the day. AIJI’s researcher was unable to attend the proceedings because of the strike. (transport to and from court becomes quite dangerous during such strikes) These notes regarding the proceedings for today were compiled through other persons present at the tribunal including the Defense team and journalist coverage. The prosecution team was also asked to verify their accuracy but did not respond before publication The WCSC has done its best to insure the neutrality of the notes from today but cannot guarantee their accuracy. Please bring any discrepancies to our attention.
The Tribunal heard matters in the following cases:
Due to the half day hartal a junior member for the Defense requested adjournment until 2pm. The Tribunal granted his request and convened for the afternoon session.
Chief Prosecutor vs. Sayedee, Golam Azam, and Nizami
Yesterday, January 15, 2013 the hearing of the Review application began in the cases of Sayedee, Golam Azam and Nizami. Defense counsel Abdur Razzaq completed his arguments on behalf of the Accused.
Today Haider Ali gave a reply on behalf of the prosecution. He raised an objection regarding the Defense referring to the Order rejecting the retrial application as a ‘impugned order’ in their petition. He submitted that the Defense’s challenge of the usage of the term ‘alleged’ in reference to the skype conversations between the former chairman and Ziauddin was also objectionable. He submitted that as the Defense introduced the skype and e-mail communications, the burden was on them to prove their contents. He argued that the existence of the conversations is established but not their content. Continue reading
Today the Tribunal heard matters in the following cases:
In the Sayedee case the Tribunal rejected the six applications filed by the Defense yesterday, January 13. The Tribunal stated that it had already given orders pertaining to the issues raised and that it would be redundant to deal with them again.
In the Chowdhury case, the court issued an order to show cause for contempt against Defense counsel Fakhrul Islam. The Tribunal also rejected an application from Defense counsel Ahsanul Huq Hena requesting the adjournment of the tribunal until the contempt proceedings against foreign lawyer Dr. Ziauddin (implicated in the Skype controversy) had been disposed of.
The Tribunal heard joint arguments from the defense for Chowdhury and Golam Azam in favor of their application to remove lead Prosecutor Zead al-Malum.
The Tribunal then heard arguments from the Golam Azam Defense team in favor of their application to allow the skype conversations and emails between the former Chairman Nizamul Hoque and foreign lawyer Dr. Ahmed Ziauddin to be exhibited before the court.
for more detail, continue reading Continue reading
Today ICT 1 heard matters in the following cases:
None of the Accused were present in the courtroom today.
Contempt Proceedings
On October 22, 2012 the court began contempt proceedings against Defense Counsel Tajul Islam and barred him from entering into ICT 1. The Tribunal had also served show-cause notices against Defense counsel Tanvir Ahmed Al-Amin and Mizanul Islam on November 6. On November 23, 2012 the former law minister and BNP leader, Moudud Ahmed, offered an unqualified apology on behalf of Tajul Islam and the other defense counsel and begged forgiveness of the court. On November 23, 2012 the Tribunal scheduled January 10 for passing its order on the matter and lifted the bar against Tajul Islam appearing in Tribunal 1, but still barred him from presenting submissions before the Tribunal. Today (January 10, 2013) Tribunal-1 rescheduled January 15, 2013 for passing the order.
Chief Prosecutor vs. Salauddin Qader Chowdhury
Today, Ahsanul Huq Hena, Defense counsel for Salauddin Qader Chowdhury sought adjournment and Tribunal allowed the prayer and adjourned the case till January 14, 2013.
Chief Prosecutor vs. Motiur Rahman Nizami
Mizanul Islam, Defense Counsel of Nizami sought adjournment for today (January 10, 2013) as Nizami was absent from the Tibunal. Mizanul Islam said before the Tribunal that yesterday (January 9, 2013) was fixed for Motiur Rahman Nizami’s case. Prosecutor Iqbal Hossain submitted that there was a common understanding that the case would continue even if Nizami was absent. The Tribunal adjourned the case until January 20, 2013.
Chief Prosecutor vs. Delwar Hossain Sayedee
Today was fixed for hearing proceedings filed by Defense Counsel of Delwar Hossain Sayedee against ATN News and BTV. Tanvir Ahmed Al-Amin submitted before the Tribunal that when Tribunal fixed the date for the resubmission of closing arguments ATN News broadcast interviews of the prosecution witnesses. The Defense alleged that in this programme Sayedee was described by the host as a criminal and war criminal, despite the fact that Saydee has pled not guilty and has not been convicted of any crime up to this point. Relying on section 11(4) of the ICT Act 1973, the Defense sought an order against the media agencies. The Defense argued that these programs prejudiced the Defense case.
Justice Jahangir Hossain interjected that the Tribunal will give judgment on the basis of the merits of the case alone and will not rely on any TV interview or program. The Defense further submitted that BTV also broadcast a similar program. In support of this application Defence submitted a CD and requested that the Tribunal watch the footage of the shows. The tribunal fixed January 14, 2013 for issuing an order.
Chief Prosecutor vs. Professor Golam Azam
Defense Counsel for Golam Azam also filed an application seeking the disqualification of Chief Prosecutor Zead-al-Malum. The Defense requested that the Tribunal hear this application along with a similar application being made in Salauddin Quader Chowdhury’s case. The Defense counsel for Chowdhury filed an application on December 19, 2012 for the removal of the Prosecutor Zead-al-Malum. These applications are based on references to Zead-al-Malum made in the Skype conversations between former Chairman Nizamul Hoque and foreign legal expert Ahmed Ziauddin. The Defense claims that these conversations show collusion between the Prosecution and the judges. The Tribunal fixed January 14, for the hearing of these applications.
Outside the Courtroom
Today, Chairman ATM Fazle Kabir returned from leave and was present at the Tribunal. At one point the Tribunal was informed that Sayedee was experiencing chest pains (He was present in the building but not in the courtroom). Defense Counsel sought the Tribunal’s permission for Sayedee to leave the Tribunal premises and return to custody. Tribunal granted the request.
Today the Tribunal heard matters in the following cases:
The Defense continued the testimony of Defense Witness #1, Abdullahil Aman Azmi, who began giving his testimony on November 12, 2012. Today he introduced 3 volumes of documents into evidence as exhibits. A few items still remain to be exhibited but were not allowed today due to the objection of the Prosecution that these items are not legible. The Tribunal agreed and the Defence assured the court that the illegible documents would be typed so as to make them readable. The Defense sought adjournment for time to complete the task. Tribunal allowed their prayer and adjourned until Sunday.
Details of Exhibited Items and Defense Witness #1
Today Azmi exhibited photocopies of numerous books including: Secret documents of America, edited by Mizanur Rahman Khan; Not the Whole Truth, written by Shoforraz Hossen Mirza (page 19-25); Bangladesh: Emergence of a Nation, by A M A Muhith (page 235-257); Pakistan crisis in leadership, by Mejor General Fozle Mukim Khan (Retired) (page 92-146); Muktijudher Purbapor Kothapokothon, published by Prothoma Prokashoni (page 37-143); Behath Biplob, by Ahmed Sofa; Blood and Tears, by Kutubuddin Ahmed; Declaration of Independence, Myth and Documents, by Masudul Huq; Pakistan’s failure in National Intrigation, by Rawnak Jahan (page 185-205); Last few days of undivided Pakistan, by G W (page 74-103); Bangladesh O Shaetho-sashon Theke Shadhinota, by Moudud Ahmed (page 168-207); Bangladesh Document; Ekathor ar Judhoporadh abong Judhaporadhi-der Bichar, by Shahriar Kobir (page 63-65); Mujib r Karagar a Powne Sathsho Din, by Advocate Sadh Ahmed.
The witness then exhibited photocopies documents, including: Press Note of the Government of Pakistan, letter written by Sector Commander-1 to Commander in Chief of Bangladesh Force dated 04 December 1971; Dhaka Gazette dated 10 August 1971; Press release dated 07 July 1971, 04 December 1971, 06 December 1971; 08 December 1971 taken from Bangladesh, Liberation War, Mujibnagar Government’s Document 1971; Gazette Notification of 1972; Notification of Peoples Republic of Bangladesh Government dated 18 April 1973; Bangladesh Gazette dated 31 January 1972; ICT Act 1973 Bill, First Amendment of the Constitution; Discussion upon the ICT Act 1973 Bill at the Parliament; Tripartite Agreement between Bangladesh, India and Pakistan; Shimla Treaty taken from Bangladesh Document; and a document taken from http//history.state.gov/countries/Bangladesh.
Azmi then exhibited photocopies reports published in different newspapers including ‘The Guardian’ dated 06 June 1972; Observer dated 01 December 1973; Daily Shongram dated 01 March 2012; reports published in the Daily Inquelab and the Daily Ajker Kagoj in March 1992 ; Editorials of the daily Noya Diganto and Amer Desh dated 01 November 2011; the Daily Inquelab dated 28 August 2000; the Daily Prothom Alo dated 07 December 09; the Daily Amardesh dated 27 April 2011 (on-line publication) and reports published in the Daily Ittefaq in 1992.
The Tribunal allowed the Defense to exhibit two documents over the objection of the Prosecution. Prosecutor Zead-al-Malum raised his objection against the report published in Daily Bangla and related Press release of the Government in 1973 since it was a type-written copy, and against a report published in the Daily Jonokhontho dated 05 August 2000 because he alleged that it was not clear whether it was a report of Jonokontho or not.
In the beginning of the morning session Lead Prosecutor Zead-al-Malum said that while exhibiting the documents the Defence had repeated some documents. Justice Jahangir Hossain stated that given the number of documents being exhibited by the Defense it was understandable that there be some repetitions.
Chairman was not present in the Tribunal since he is on leave. The Members of the Tribunal was reluctant to adjourn the case and was willing to finish the deposition of the DW-1 by Thursday. However, Defence Counsel Mizanul Islam submitted that it would be very difficult for him to exhibit the rest of the documents since they have to type almost a volume so Defence need time and DW-1 will not be able to come on Thursday due to his personal difficulty.
The Bangladesh Trial Observer 