Tag Archives: Undue Delay

26 August 2013: ICT-2 Daily Summary – AKM Yusuf Order On Defense Application

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. AKM Yusuf

Today Tribunal 2 rejected a review application filed by the Defense on behalf of AKM Yusuf seeking review of the Charge Framing Order.  Only two members of the bench were present, Justice Mozibur Rahman Miah and Justice Md Shahinur Islam. Jointly they issued an order summarily rejecting the petition by reason of the Defense’s delay in submitting the application. The Tribunal did not accept the Defense’s argument that the delay in filing the application was due to a delay in obtaining a certified copy of the original Charge Framing Order. No other cases were listed in the court ‘s daily cause list and Chairman of Tribunal 2, Justice Obaidul Hassan, is currently on leave. The Tribunal then adjourned for the day.

12 March 2013: ICT-1 Daily Summary: Gholam Azam Defense Adjournment, Chowdhury PW 21, Mubarak Hossain Cognizance of Charges

12 March 2013: ICT-1 Daily Summary

The Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Gholam Azam –  Defense Closing Arguments
  2. Chief Prosecutor vs. Salauddin Qader Chowdhury –  Testimony of PW 21
  3. Investigation of Mubarak Hossain – Cognizance of Charges

On March 12, 2013 a junior Defense counsel for Gholam Azam sought adjournment saying that senior Defense attorney Mizanul Islam could not attend due to the personal difficulties. The Tribunal accepted the Defense prayer and adjourned the proceedings of the Gholam Azam’s case until March 13. The charged the Defense taka 1,000 for the cost of the delay.

The Tribunal took cognizance of the formal charge against Mubarak Hossain and ordered him to be detained in jail, rejecting the Defense request for an extension of bail. The Tribunal fixed 4 April 2013 for the next date of hearing.

In the Chowdhury case Prosecution witness 21, Abul Bashar, testified before the Tribunal. Thereafter, Tribunal adjourned the proceedings of the Chowdhury case until 18 March 2013.

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27 Feb 2013: ICT-2 Daily Summary – Alim Adjournment and Fine

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Abdul Alim – Defense Petition for Time and Adjournment (Accused Present)

The Defense for Alim submitted a time petition before the Tribunal-2 requesting an adjournment of the case until Sunday, 3 March 2013. The Defense counsel said that the two other senior counsels engaged in the case are currently unavailable, one by reason of his illness and the other because of personal difficulty. The Tribunal Chairman commented that in the interest of justice the Tribunal must grant additional time when counsel is unable to appear because of personal difficulty. However, he stated that such absences cannot continue frequently and continuously. The delay should be compensated by cost implications. Prosecutor Rana Das Gupta submitted that the Defense should pay a cost of Taka 50,000 (fifty thousand), so as to communicate a message to everyone that causing delay will come with burdensome consequences.

The Tribunal adjourned the case until Sunday, requiring the Defense counsel to pay a total of Taka 2,000. The court said that this shall be paid from the counsel’s own pocket and the client should not pay or bear any burden. The Defense counsel said the fine would be paid and apologized for the unwanted delay in the proceedings.

5 Feb 2013: ICT-2 Daily Summary – Qader Molla GUILTY verdict

Today Tribunal 2 issued the second verdict of the Bangladesh International Crimes Tribunal. The verdict was issued against Abdul Qader Molla who was tried on 6 counts of Crimes Against Humanity.

The Tribunal found Qader Molla GUILTY on 5 of 6 Charges. He was found NOT GUILTY of Charge 4. The court sentenced Qader Molla to 15 years imprisonment for Charges 1, 2, and 3. They sentenced him to life imprisonment for Charges 5 and 6.

Tribunal’s Summary of Judgment available here: Summary of Molla Judgment
Full Judgment available here: Qader Molla Full Judgement

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24 Jan 2013: ICT 1 Daily Summary – Sayedee, Mubarak Hossain, Chowdhury

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Mubarak Hossain: Report on Progress of Investigation (Accused not Present)
  2. Chief Prosecutor vs. Delwary Hossain Sayedee: Resubmission of Defense Closing Arguments (Accused Present)
  3. Chief Prosecutor vs. Salauddin Qader Chowdhury: Application for Contempt Proceedings (Accused not Present)

Tribunal-1 extended the bail period of Mubarak Hossain, whose case is currently in the investigation stage, until February 12, 2013. The Tribunal directed the Prosecution to submit its Progress Report regarding the investigation by February 12, 2013. The Prosecution stated that they received the Investigation Report on January 24, 2013 and need two weeks to submit the Formal Charge.

On January 24, 2013 Mizanul Islam, defense counsel for Delwar Hossain Sayedee completed the Closing Arguments based on the charges and Abdur Razzaq began the defense arguments based on legal points.

The Defense counsel for Salauddin Qader Chowdhury filed an application under section 11(4) of the ICT Act 1973 requesting contempt proceedings be brought against the Daily Jugantor, its editor and publisher Salma Islam, and staff reporter Swapan Dash Gupta.

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