Abdur Razzaq, on behalf of Motiur Rahman Nizami, stood up and argued that there are 416 pages of prosecutions document that are totally eligible photocopies. He said that it was totally impossible for them to read the documents. Page no, serial no all are eligible to read. He also said that the seizure list items were also not included in the document which has been given to the defence, and as a result they wanted an adjournment for 4 weeks.
"If we cannot read the documents, we can neither prepare for the case, nor can assist your lordship," he argued.
Prosecutor Haider Ali then responded by saying that there were some lists that the prosecution could not even read. The chairman responded by saying that the prosecution cannot respond in that way, ‘You need to provide them legible copies’.
Justice Zaheer suggested that the prosecution should type out the document.
Defence counsel Tajul Islam suggested that as signatures were on some documents, the prosecution could scan the documents.
Justice Zaheer told the prosecution that they must give them legible copies and asked them them when they would be able to provide the defence the documents again?
Prosecutor Saiful Islam said that it could be done within 3 days.
After Justice Zaheer asked the prosecution whether they were confident that they could complete by the end of the week, and the prosecutor Ziad Al Malum asked whether they could extend the time until Monday.
Razzaq also requested the court to order the prosecution to provide his team with certain documents mentioned in the seizure list but not yet disclosed. Haider Ali said these were trivial records, such as photographs of mass graves and places of occurrence and so forth.
The tribunal chairman then passed the following order.
The chairman said that the date would not be changed. "If Mr Razzaq is not prepared on 5th March, then we shall reconsider," he observed.
"If we cannot read the documents, we can neither prepare for the case, nor can assist your lordship," he argued.
Prosecutor Haider Ali then responded by saying that there were some lists that the prosecution could not even read. The chairman responded by saying that the prosecution cannot respond in that way, ‘You need to provide them legible copies’.
Justice Zaheer suggested that the prosecution should type out the document.
Defence counsel Tajul Islam suggested that as signatures were on some documents, the prosecution could scan the documents.
Justice Zaheer told the prosecution that they must give them legible copies and asked them them when they would be able to provide the defence the documents again?
Prosecutor Saiful Islam said that it could be done within 3 days.
After Justice Zaheer asked the prosecution whether they were confident that they could complete by the end of the week, and the prosecutor Ziad Al Malum asked whether they could extend the time until Monday.
Razzaq also requested the court to order the prosecution to provide his team with certain documents mentioned in the seizure list but not yet disclosed. Haider Ali said these were trivial records, such as photographs of mass graves and places of occurrence and so forth.
The tribunal chairman then passed the following order.
“3 applications have been filed by the accused petitioner for a direction upon the prosecution (i) to serve the document including the seizure list item, (ii) to supply legible copies to the defence, and (iii) for an adjournment of the matter.
We have heard Mr Saiful Islam and Haider Ali for the prosecution and Barrister Abdur Razzak for the defence. Upon hearing both side, on an agreeable consensus, legible documents should be given as soon as possible and the prosecution are directed to give 416 pages legible photocopies and documents including seizure list to the defence by 22nd February 2012. The defence is directed to collect those documents from the Office of the Register by 23rd February 2012. Let the matter of charge hearing be fixed on 5th March.”Razzaq insisted that they needed another week of adjournment in order to allow them to prepare the list.
The chairman said that the date would not be changed. "If Mr Razzaq is not prepared on 5th March, then we shall reconsider," he observed.
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