Tag Archives: Jamaat

10 March 2013: ICT-2 Daily Summary – Contempt Proceedings against Jamaat leader, MK Anwar; Kamaruzzaman Examnation of DW 1 and 2

10 March 2013: ICT-2 Daily Summary

Today the Tribunal heard matters in the following cases:

  1. Contempt Proceedings against Jamaat leader Selim Uddin (Present), Daily Shongram (warning made to present journalist), and MK Anwar (Not Present),
  2. Chief Prosecutor vs. Ali Ahsan Muhammad Mujahid : Order of three applications and examination of prosecution witnesses  (Accused Not Present)
  3. Chief Prosecutor vs. Muhammad Kamaruzzaman: Cross-Examination of Defense witness 1, Direct and Cross-Examination of Cross-Examination Defense Witness 2 (Accused Present)
  4. Chief Prosecutor vs. Abdul Alim : Adjourned Due to Illness of Prosecution Witness

Today the Tribunal dealt with ongoing contempt proceedings against Jamaat leaders, MK the Daily Shongram, and MK Anwar. In the Mujahid case the Tribunal disposed of three Defense applications and then heard the direct examination of Prosecution witnesses 14, 15 and 16, all of whom are expert witnesses regarding documentary and historical evidence. In the Kamaruzzaman case the Tribunal heard the cross-examination of Defense witness 1, and both direct and cross-examination of Defense witness 2. Finally, in the case of Abdul Alim the Tribunal allowed an adjournment due to the illness of the Prosecution witness scheduled to testify.

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6 March 2013: ICT 2 Daily Summary – Contempt Proceedings Against Jamaat Leaders, Kamaruzzaman DW 1

6 March 2013: ICT-2 Daily Summary – Contempt, Kamaruzzaman Examination of DW 1
Today the Tribunal heard matters in the following cases:

  1. Contempt Proceedings: Jamaat leadership – Selim Uddin and others (Accused not present)
  2. Chief Prosecutor vs. Muhammad Kamaruzzaman : Examination of DW 1

Defense counsel for the Jamaat leaders Selim Uddin, Hamidur Rahman Azad MP and Rafiqul Islam said they were unable to produce their clients before the tribunal and that they that they had not been able to communicate to their clients the tribunal’s order requiring their attendance. Upon being asked by the tribunal about what may be done, the learned counsels said that they have no option but to surrender their vokalatnama, (the power as appointed advocates of the opposite parties) as it is not possible for them to continue representing the three Jamaat leaders. The tribunal asked the counsels to submit a written application to this effect and accepted their prayer of withdrawal as appointed advocates. Prosecutor Mr Rana Das Gupta submitted that an arrest warrant against the absent leaders should be issued by the Tribunal. He further stated that the opposition parties are intentionally disregarding the Tribunal’s order, showing their disrespect and lack of confidence in the institution.  The Tribunal thenissued an arrest warrant against the three leaders under Rule 46A of the Rules of Procedure read with Section 22 of the International Crimes (Tribunal) Act 1973. They noted that the court had granted time to the leaders on four previous occasions, repeatedly asking for their presence, but with no response. The Tribunal directed the Inspector General of Police to take necessary steps to secure the arrest of the Jamaat trio on or before 21 March 2013.

The Tribunal then moved on to the case against Muhammad Kamaruzzaman. The Defense called its first witness, Md. Arshed Ali, the son of a martyr Ekabbor Ali. After being examined by Defense counsel the Prosecution started its cross-examination. In his testimony Ali described how his father and many others were killed by the Pakistani Army on 10th Srabon of the Bangla calendar during the 1971 Liberation War in Shohagpur, Benupara and Kakorkandi area of Sherpur.   Cross-examination is scheduled to continue on 7 March 2013.

Courtroom Dynamics
During the examination-in-chief of the defense witness, there was an intense argument between Defense counsel Kafil and two of the Tribunal-2 judges: Justice Obaidul Hassan and Judge Shahinur Islam. The argument started when the Defense objected to Judge Shahinur Islam asking questions to the witness. The Defense reacted by saying that he should be allowed to question his witness without interruptions. The Chairman said that contempt proceedings under Section 11(4) of the 1973 Act could be taken against the Defense counsel for similar behavior in future. The Defense counsel at one point said that he would withdraw himself and not continue before the Tribunal. After moments of silence, the situation calmed down after the Defense counsel offered his apology and the judges said that the court is a place to maintain decorum. Questioning was then resumed without any further incident. 

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26 Feb 2013: ICT 2 Daily Summary – Contempt Proceedings, Mujahid Cross-Examination of PW 13

Today the Tribunal heard matters in the following cases:

  1. Contempt Proceedings Against M K Anwar, Jamaat Party Leaders (Accused Not Present)
  2. Chief Prosecutor vs. Muhammad Kamaruzzaman: Adjourned
  3. Chief Prosecutor vs. Ali Ahsan Muhammad Mujahid: Cross-examination of Prosecution witness 13 (Accused Present)

The counsel representing M K Anwar filed a written explanation, as requested by the Tribunal, on behalf of the veteran BNP policy maker and stated that his client has the highest regard for the court and that his statements were misplaced and misinterpreted by the newspaper report. MK Anwar had allegedly made comments that the government is staging the ongoing trials of the alleged war criminals as a mechanism of vengeance against the leaders of its opposition parties. Prosecutor Mr Rana Das Gupta sought time for further hearing of the matter, stating that the prosecution will place its submissions after evaluating the written explanation filed on behalf of the opposite party. The matter fixed for hearing on 28 February 2013.

Counsel for the Jamaat leaders Mr Selim Uddin,  Mr Hamidur Rahman Azad MP and Mr Rafiqul Islam sought adjournment of the matter for another week, stating that they could not appear by reason of unavoidable circumstances. The three leaders were ordered to personally appear before Tribunal-2 after contempt proceedings commenced against them following their comments about the tribunal during a public engagement on 4th February, a day prior to Mollah’s judgment. The prosecution strongly objected to their absence and stated an arrest warrant should be issued against each. The judges stated that the absent politicians must be personally present before the court on Sunday 3 March 2013 or face severe consequences.

Mr Kamaruzzaman’s case was adjourned until Sunday, 3 March 2013.

Finally, the cross-examination of Mr Shakti Shaha, PW-13 of the case against Mujahid was resumed by the Defenes and continued for the rest of the day.  The core line of questioning was aimed at attacking the reliability and credibility of the witness’s testimony, suggesting that the testimony is fabricated and is based on coaching by the Prosecution. It was suggested that the witness lives and works in India permanently. It is the Defense’s case that the witness never saw the accused and is a false witness who in reality is an Indian passport holder coming to Bangladesh illegally to give oral evidence. The Defense noted that he gave his previous statements to the Investigating Officer in India and claimed that this was because he is in fact an Indian resident. The Defense further suggested that the witness’ description of what he saw from the top of the tree (allegedly the participation of Mujahid and his associates in the killing of the witness’ father) is not only untrue and fabricated but also impossible and impracticable.

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12 Feb 2013: ICT-2 Daily Summary – Mujahid cross-examination of PW 1, Kamaruzzaman cross-examination of PW 18

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Ali Ahsan Mohammed Mujahid: Cross-examination of Prosecution Witness (Accused Present)
  2. Chief Prosecutor vs. Abdul Alim: Cross-examination of Prosecution Witness (Accused Present)
  3. Chief Prosecutor vs. Muhammad Kamaruzzaman: Cross-examination of Prosecution Witness  (Accused Present)

In the Mujahid case, Mr Shahriar Kabir, Prosecution Witness-1, was cross-examined by the senior Defense counsel Mizanul Islam. Kabir is the author of a book on liberation war titled “Ekatturer Ghatok o Dalal ra Ke Kothay” (Where are the collaborators and miscreants of 71), a book referred to by many other Prosecution witnesses and heavily relied upon by the Prosecution. He has been questioned about the documents he gave to the Investigation Officer and its source and authenticity. He was further asked about the formation “Gono-todonto Commission” (Public Enquiry Commission) on 26th March and the research and investigation procedure maintained in the publication of its reports.

Following Mujahid’s case, the court moved to Muhammad Kamaruzzaman’s case wherein Mr Abdur Razzaq, the Investigation Officer of the case and PW-18 was cross-examined by Defense counsel Mr Kaful Uddin Chowdhury. The Defense’s main line of questioning was aimed at attacking the reliability of various prosecution documents collected and compiled by the witness.

The cross-examination of the prosecution witness in the Alim case was delayed until tomorrow.

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