2 Feb 2012: Witness apperance failure

The Prosecutor Rana Das Gupta rose and told the tribunal:

‘Yesterday we informed your Lordship that we would produce three witnesses (1.Ashis Kumar Mondol, 2.Sumoti Kumar Mondol and 3. Shomor Mistri) before the Tribunal on the next day i.e. today. However, yesterday afternoon, the witnesses had left their residence (provided by us) informing us that they were going to their relative’s house and they would reach prosecution office on the next morning i.e. today. After that, we have tried a lot to communicate with them but unfortunately we failed to do this. Thus, we are submitting a time prayer before your lordship to give us 1-2 days to enable us to produce those witnesses.

Justice Nizamul Huq: Is there any chance for the witnesses to move to any other place from prosecution custody after you confirmed to the Tribunal that would be produced on the next day?

Prosecution: My lordships, we had no option but to allow them to go.

Justice Nizamul Huq: Learned prosecutor, they should be in your custody and you are solely responsible to produce them before the Tribunal. How could they leave your custody for their relative’s house then?

Defence: My lordships, we are very sorry.

Justuce Nizamul Huq: It is a matter of great regret that the Chief Prosecutor, Chief Investigation Officer both are absent today. Learned prosecutor, is there any possibility to produce the witnesses on Monday?

Prosecution: My lordships, we will try our level best unless there is an unavoidable circumstances arise.

Justice Nizamul Huq passed the following order,

“Learned prosecution submitted that the witness who scheduled to produce today had left their residence informing them that they will reach the prosecution office on the next morning but they did not do the same. An order was passed by the Tribunal that witnesses are brought in Dhaka and kept in secret place or under the custody of investigation officer so that they can give their testimony without any fear. The Chief Investigation Officer and Chief Prosecutor are not present today. However, we allow adjournment until 07 February 2012 for prosecution although their explanation is not satisfactory.”

The tribunal also heard matter concerting sending the accused --> Abdul Quader Molla to hospital. The following order was passed:

Justice Nizamul Huq then made the following order,

“As per the standing Order of case no 7/11, Abdul Kader Mollah will be sent to BIRDEM Hospital and treatment will be given to him according the advice of concerned doctor of BIRDEM Hospital. Medicine will be supplied to the accused from outside as per the Order. We are directing the jail authority that the copy of document must have been given to the accused.”

Thus the Tribunal Chairman Justice Nizamul Huq adjourned the hearing for that day.