Tag Archives: ICT

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 →

23 July 2013: ICT-1 Daily Summary – Chowdhury Defense Applications

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Salauddin Qader Chowdhury

The Tribunal was scheduled to hear the examination-in-chief of Defense Witness 4. However, the Defense filed two applications, one for adjournment in order to produce Defense witnesses 4 & 5, and another requesting the Tribunal to accept an affidavit from the mother of Shamim Hasnain (one of the 5 proposed Defense witnesses) into evidence.

The Defense submitted that Shamim Hasnain is willing to depose. Shamim Hasnain is a judge of the High Court and has requested leave from his institution to testify before the Tribunal. He and the Defense are awaiting for the Chief Justice’s approval. In light of the pending request, the Defense requested adjournment of the case until 28 July.

The Defense additionally informed the Tribunal that Salman F Rahman, one of the 5 proposed Defense witnesses, has fallen sick while traveling to Mecca. They submitted that he would be available after Ramadan to provide testimony before the Tribunal and requested that his testimony be scheduled accordingly. The Prosecution opposed the prayer saying that the application is being filed in order to delay the proceedings of the Tribunal. The Tribunal passed an order stating that the application for adjournment was is supported by any evidence and that the Tribuna would give a last chance for the production of the Defense witness by fixing 24 July as the deadline to produce Defense witnesses 4 and 5.

Regarding the second application, the Defense submitted that the mother of Shamim Hasnain has provided a worn affidavit regarding Salauddin Qader Chowdhury’s alibi that he was in Pakistan in 1971. The Prosecution opposed the application saying that in this stage of Trial there is no scope to file any affidavit before the Tribunal. After hearing both the sides, Tribunal rejected the application stating that Shamim Hasnain is one of the proposed Defense witness and likely to depose before the Tribunal.

22 July 2013: ICT-2 Daily Summary – Syed Qaisar Bail Hearing

Today the Tribunal heard matters in the following cases:

  1. Pre-Trial Stages of AKM Yusuf case
  2. Chief Prosecutor vs. Ahsrafuzzaman Khan and Chowdhury Mueen Uddin
  3. Investigation of Syed Mohammad Qaisar

Defense counsel representing AKM Yusuf sought an adjournment of the hearing of an application for bail filed on behalf of the accused. The counsel informed the Tribunal that the senior Defense Counsel Mr Abdur Razzak was engaged in a hearing at the Appellate Division of the Supreme Court. The tribunal adjourned the matter until tomorrow, 23 July.

The Tribunal was also scheduled to record the testimony of Prosecution witness in the case against Ashrafuzzaman Khan and Chowdhury Mueen Uddin. However, due to problems with the computer system in the courtroom the Tribunal could not record the statement and the matter was adjourned for the day.

Despite the computer problems the Tribunal heard a bail application on behalf of Mr Syed Mohammad Qaisar. Defense counsel Abdus Sobhan Tarafder represented the suspect while Prosecutor Rana Das Gupta opposed the application. The Defense submitted various medical reports before the tribunal detailing the suspect’s health stressing that the medical facilities currently available in jail are inadequate given Qaisar’s needs. The tribunal directed the jail authorities to submit a report on or before 30 July, regarding the health condition of the suspect and whether the available health care infrastructure in the jail would be sufficient for his treatment.

22 July 2013: ICT-1 Daily Summary – Mobarak Hossain Adjournment, Nizami Cross-Examination of PW 14

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Moboarak Hossain
  2. Chief Prosecutor vs. Motiur Rahman Nizami

In the  Mobarak Hossain case the Tribunal was scheduled to hear the cross-examination of Prosecution Witness 6, Abdul Malek, who testified in support of charge 5. However, Hossain’s Defense counsel was absent when the item was called before the bench. After waiting half an hour the Tribunal stated that the Defense’s absence was unsatifisfactory. They passed an order scheduling the 28 July for the examination-in-chief of Prosecution Witness 7, instead of fixing a date for the cross-examination of Prosecution Witness 6, Abdul Malek.

In the Motiur Rahman Nizami case, the Defense completed the cross-examination of Prosecution witness 14, Abdus Salim Latif, who testified in support of charges 7 and 9. Thereafter, Tribunal adjourned the case until 24 July 2013. Continue reading →

4 August 2013: ICT-2 Daily Summary – Khan and Mueen Uddin PW 9, Alim cross-examination of Investigation Officer

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Ashrafuzzaman Khan and Chowdhury Mueen Uddin
  2. Chief Prosecutor vs. Abdul Alim

Tribunal 2 recorded the testimony of Prosecution witness 9 in the case against Ashrafuzzaman Khan and Chowdhury Mueen Uddin, both of whom are being tried in absentia. Both the examination-in-chief and cross-examination were completed on this day. The testimony of Prosecution witness 9 supports Charge 11 against the accused, pertaining to the killing of physician Dr Alim Chowdhury.

The court also made some progress in the case against Abdul Alim as it continued to record the cross-examination of ZM Altafur Rahman, the Investigation Officer for the case. So far, the Defense counsel has directed their line of questioning at highlighting inconsistencies in the investigation procedures followed by the Investigation Officer. The Tribunal adjourned Alim’s case until 5th August, 2013. Continue reading →