Tag Archives: security

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

28 May 2013: ICT-2 Daily Summary – Mujahid Closing Arguments, Contempt Proceedings vs. PW 2

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Ali Ahsan Mohammed Mujahid –  Defense Closing Arguments
  2. Contempt Proceedings Against Jahir Uddin Jalal, Prosecution Witness 2

The Defense in the Mujahid case addressed Charge-7, covering its evidentiary aspects before making overall closing statements regarding the investigation process and the case in general. The Closing Arguments were primarily led by Defense counsel Munshi Ahsan Kabir who had been released from the hospital following an alleged assault on him by Jahir Uddin Jalal, Prosecution witness 2.

After lunch, the Tribunal took up the issue of the alleged assault and heard the Defense’s application for contempt proceedings to be brought against the witness Jalal. After hearing the application the court ordered of contempt proceeding against the witness to begin 5 June 2013. They issued a notice that Jalal must submit his written explanation by that date. Continue reading

27 May 2013: ICT-2 Daily Summary – Contempt, Ashrafuzzaman Khan and Moinuddin Order, Mujahid Closing Arguments

Today the Tribunal heard matters in the following cases:

  1. Contempt Proceedings vs. Prosecution Witness 2, Jalal
  2. Chief Prosecutor vs. Ashrafuzzaman Khan
  3. Chief Prosecutor vs. Chowdhury Moinuddin
  4. Chief Prosecutor vs. Ali Ahsan Mohammed Mujahid

The day’s proceedings began with the Defense notifying the court that Prosecution witness 2 in the Mujahid case had allegedly assaulted Defense counsel member Munshi Ahsan Kabir near his chambers in Paltan, Dhaka. On 26 May 2013, Mr. Kabir was on his way to the chamber to attend a meeting of the Defense team. As he was descending from his rikshaw he encountred the witness, Jalal, who verbally assaulted him, calling him ‘son of Rajakar’ and using other insults and curses. The Defense claimed that Jalal then kicked Mr. Kabir in his lower abdomen by the prosecution witness, causing him to collapse on the ground. Jalal fled the scene. Mr. Kabir was then taken to the hospital by local people. The Defense urged the Tribunal to take action against the attacker of the and expressed the hope that all would agree, including the Prosecution. The Tribunal fixed 28 May 2013 for a hearing of the Defense’s contempt petition regarding the attack.

The Tribunal nex passed an order allowing the trials of Md Ashrafuzaman Khan, alias Nayeb Ali, and Moinuddin Chowdhury to be held in absentia under Section 10A of the ICT Act and Rule 32 of the Rules of Procedure of Tribunal-2. The judges observed that the two accused have not appeared before the court despite publication of notices in two widely circulated national dailies. The Tribunal stated that the two are considered to have absconded in an effort to avoid trial and that therefore their trials will commence in their absence. Mr Abdus Shukur Khan and Salma Hye Tuni, both learned advocates of the Supreme Court of Bangladesh have been selected as State-appointed-counsels to defend the accused, and will receive remuneration as approved by the Tribunal.

Finally, the in the case of Mujahid the Defense resumed Closing Arguments, addressing factual and evidentiary issues pertaining to Charges 2 to 6. The Defense noted that Charge 7 would be addressed on the following day and that Defense counsel Abdur Razzak would subsequently discuss relevant legal issues in the case.  Continue reading

24 March 2013: ICT-1 Daily Summary – Gholam Azam Defense Closing Arguments, Chowdhury Defense Application for Police Protection

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Gholam Azam – Defense Closing arguments
  2. Chief Prosecutor vs. Salauddin Qader Chowdhury – Defense Counsel Application for Police Protection to and from the Tribunal

Tajul Islam, Defense Counsel of Gholam Azam filed an application seeking permission to meet with his client Gholam Azam. Additionally, the Defense concluded the closing arguments on factual issues. Arguments continued for 5 days and addressed Prosecution and Defense witnesses as well as Charge 5. The Tribunal then adjourned the proceedings until 27 March 2013, when Abdur Razzaq is scheduled to present the Defense arguments on legal issues and Charges 1 to 4.

In the case of Salauddin Qader Chowdhury, senior Defense counsel Ahsanul Huq Hena, filed an application seeking police protection for coming to the Tribunal during days when hartals or other political unrest present security concerns. He requested that his car be accompanied by full time uniformed police gunman. The Tribunal scheduled a hearing of the petition for tomorrow and adjourned the proceedings until then.

Chief Prosecutor vs. Gholam Azam- Defense Closing Arguments
Prosecution Witness 16 – The Investigating Officer
The Defense read out different paragraphs from the testimony of the Investigating Officer, Prosecution witness 16. Mizanul Islam submitted that during the cross-examination the witness was asked whether Gholam Azam had a direct connection with the local Peace Committee but was only able to refer to Exhibit-57, the Daily Pakistan dated 16 April 1971. The Defense noted that the contents of Exhibit-57 do not answer the question. The article discusses the formation of a 21 member executive committee within the Peace Committee and states its purpose as bringing back normalcy at the direction of the Central Peace Committee. On cross-examination the Investigating Officer admitted that he did not find any direction or order bearing the signature of Gholam Azam. The witness also admitted that there was no resolution which designated Gholam Azam the power to cancel or suspend any local level Peace Committee. The Defense noted that the Investigating Officer was unable to specify who had authority within the Peace Committee to issue directions or orders to the local level committees. The Investigating Officer claimed that directions and orders from the Central Peace Committee were communicated to the local level Peace Committees by newspapers, television and radio broadcast. He further testified that the local level Peace Committees were bound to follow the directions. However, the Defense noted that the witness had admitted that he did not know the broadcasting range of Dhaka television stations and acknowledged that due to poor communication there was often a delay in orders reaching newspapers in remote areas such as Taknaf and Tetulia. The witness also admitted that he had no evidence as to whether the Daily Shangram or the Daily Paigam was distributed in Patuakhali (a remote area). Continue reading

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.

Continue reading

13 Feb 2013: ICT-1 Daily Summary – Gholam Azam Failure to Produce DW 2, Nizami Absence of Defense Counsel

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs Gholam Azam – examination of defense witness 2 (Accused not Present)
  2. Chief Prosecutor vs Motiur Rahman Nizami – inability of defense to attend due to violence (Accused Not Present)

The Tribunal was scheduled to hear the examination of Defense witness 2 in the Gholam Azam case. However, the Defense was unable to produce the witness and claimed that the witness had a fever and another witness had been detained in a separate case. The Defense requested adjournment.

The Tribunal was also scheduled to hear matters in the Nizami case. However, due to ongoing violence in Dhaka, senior Defense counsel Mizanul Islam was unable to reach the Tribunal. The Defense requested adjournment for the day.

Continue reading

7 Feb 2013: ICT-2 Daily Summary – Kamaruzzaman re-examination of PW 16, Contempt against Jamaat

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Muhammad Kamaruzzaman – Re-examination of prosecution witness  (Accused Not Present)

At the beginning of the day’s proceedings senior Defense counsel Mr Tajul Islam  expressed his concern and dissatisfaction regarding access and entry of defense counsel at the Tribunal gate.

The court then moved to Muhammad Kamaruzzaman’s case wherein the prosecution witness PW-16, Mr. Azabuddin Miah, was re-examined by the Prosecution. Mr. Miah is the Assistant Librarian of Bangla Academy (Newspaper Branch) and is testifying before the tribunal as to the authenticity of various newspapers collected from the Bangla Academy archive by the Investigation Officer. Continue reading