Tag Archives: prosecution witness

3 July 2013: ICT-2 Daily Summary – Hartal Brief Coverage: AKM Yusuf Transfer of Documents, Alim PW 32

Today due to a nationwide hartal our researchers were unable to attend proceedings. Coverage of the following cases has been gathered from media sources as well as through conversation with both the Defense and Prosecution.

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. AKM Yusuf
  2. Chief Prosecutor vs. Abdul Alim

In the case against AKM Yusuf documents pertaining to the allegations against him were formally transferred from Tribunal 1 to Tribunal 2. Tribunal 2 also directed the Gazipur jail authorities to transport the Mr. AKM Yusuf in an appropriate vehicle given his health condition. The direction was given after Mr Saifur Rahman, Defense counsel for the Accused, informed the Tribunal that the accused was brought to the court in a microbus as opposed to a prison van despite the fact that he is seriously ill.

The Tribunal then moved to the case against Abdul Alim and recorded the testimony of Prosecution witness 32, Mr Rafiqul Islam Raju, who is the Advertisement Manager of the Bogra-based Daily Bangladesh. The witness is a formal witness who exhibited two issues of his newspaper dated 17 January 1971 and 23 January 1971.  Both newspaper issues were seized by the Investigation Officer during the investigation into the current case.  The Defense summarily conducted the cross-examination of the witness. The court then scheduled 4 July 2013 for the cross-examination of Prosecution witness 11, who is being recalled following an application by the Defense.

3 July 2013: ICT-1 Daily Summary – Hartal, Mobarak Hossain

Today due to a nation-wide hartal our researchers were unable to attend proceedings. The Tribunal heard testimony from Prosecution witness 5, Ali Akbar, in the Mobarak Hossain case. The Defense Counsel then conducted the cross-examination and the Tribunal adjourned the proceedings of the case until 14 July 2013.

30 June 2013: ICT-2 Daily Summary – Contempt Proceedings, Alim PW 28 and 29

Today the Tribunal heard matters in the following cases:

  1. Contempt Proceeedings vs. Jahir Uddin Jalal
  2. Chief Prosecutor vs. Abdul Alim

The counsel of contemnor Mr Jahir Uddin Jalal, who allegedly attacked defense counsel Mr Munshi Ahsam Kabir was not present in the court when the case was called for. The accused-contemnor and Prosecution witness himself stood before the Tribunal and requested a short pass-over of the matter until the arrival of his counsel. The Tribunal then went on to hear the case against Mr Abdul Alim. The Prosecution examined Prosecution witnesses 28 and 29, both of whom work at the Bangladesh Muktijuddho Jadughor (Bangladesh War of Liberation Museum) and who provided testimony as formal witnesses exhibiting seizure list documents.

After the conclusion of the witness testimony, Mr Monsur Rashid appeared before the tribunal on behalf of Jahir Uddin Jalal. He argued that the allegations brought against his client pertaining to the assault of a Defense attorney are ficticious. He argued that the Jalal was not in the vicinity/area where the alleged incident purportedly took place. Therefore he concluded that either this is a case of mistaken identification or it is merely a strategic tactic being used by the defense to harass the Prosecution witness or divert attention away from the regular cases pending. The counsel apologized before the Tribunal for his delay in the morning and stated that there was some delay at the security clearance in the tribunal’s entry gate. The judges were very critical about the counsel’s delay as this was the second time that he appeared late. Continue reading →

27 June 2013: ICT-1 Daily Summary – Nizami Cross-Examination of PW 11

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Motiur Rahman Nizami

In the Motiur Rahman Nizami case the Defense conducted the cross-examination of the Prosecution Witness 11, Shamsul Haque alias Nannu, who testified in support of charge 2 and 15. The Tribunal  then adjourned the proceedings of the case until tomorrow, 7 July 2013.

Cross-Examination of PW 11
During examination-in-chief, the witness testified that on 24 March, 1971, a shopkeeper named Sikander Ali told him that that the Secretary of Islami Chattra Shangho, Motiur Rahman Nizami, along with Maulana Ishaq, Maulana Sobhan, Rafiqun Nabi alias Bablu formed a group sitting at the Pabna Aliya Madrassa. He told the witness that the group was composed of activists of Islami Chhatra Shangho and Jamaat-e-Islami and planned to assist the Pakistani Army. The Defense asked the witness about Sikendar Ali and the name of the other members of the group that was allegedly formed. Continue reading →

26 June 2013: ICT-2 Daily Summary – Alim Examination-in-Chief and Cross Examination of PW 27

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Abdul Alim

In the Alim case, the Prosecution called the Cataloguer of the Bangladesh Press Institute as its first seizure list witness to formally exhibit various documents. However, the judges noted that the name of the person appearing as PW 27 is not on the list of Prosecution witnesses. Accordingly, the judges opined that it would go against procedural practice of the Tribunal to allow the witness to give testimony despite not being included in the list of witnesses. The Tribunal adjourned for an hour, asking the prosecutor, Rana Das Gupta, to immediately submit an application praying for the addition of a witness.

The Tribunal then resumed after an hour of recess. Prosecutor Gupta submitted that this was an unintentional and mistaken omission on the part of the Prosecution, and requested that the Tribunal afford him an opportunity to rectify this mistake allowing the application. He stated that some of the names of seizure list witnesses were on a separate list already on record, with the exception of three witnesses. The application was allowed by the Tribunal. Accordingly, the examination of PW 27 took place. PW 27, in the course of his testimony, exhibited various Prosecution documents for the Tribunal’s consideration. Defense counsel Hena then conducted a  brief cross-examination. Continue reading →