Defence counsel Mizanul Islam brought to the attention of the Tribunal, the news published in the Bengali Daily Janakantha dated 02 February 2012 and said that the paper misinterpreted the deposition of the prosecution witness Modhusudan Ghorami. The report's heading apparently suggested that Sayedee had raped the prosecution witness's wife.
In reply, tribunal chairman Justice Nizamul Huq said, “I have also read the news. Reporters should be cautious while reporting. I request you (the journalists) if you cannot remember anything or you are in a confusion what actually said/discussed, please simply do not mention that in the news. But do not make the wrong news or misinterpret the facts.”
Defence cousel Mizanul Islam then said, “My Lord, I want an amendment of yesterday’s news. They have to publish amended news with the proper interpretation of the Modhusudan deposition.”
Then Justice Nizamul Huq asked the prosecution, “Have you informed the name of the witness you are going to produce before the Tribunal today to the defence?”
Prosecutor Haider Ali came to the dais and replied, “His name is in the list of 10 witnesses which has already been given to the defence.”
He also told the Tribunal that they have submitted the documents of Qumaruzzaman to the office of the Tribunal.”
Witness number 24 was then called.
The witness went to the dais and Justice Nizmul Huq then asked the prosecution, “Have you brought only one witness after such a long vacation?”
Prosecutor Haider Ali replied, “My Lord, we always try our level best. It is a very tough job. We had nothing to do. That is what we can do. We are unable to do more than that.”
Tribunal chairman Justice Nizamul Huq ordered the Chief Investigation Officer, “Bring every witness in Dhaka, keep them in your custody and send them to the prosecution only at the time of giving their testimony.”
The prosecutor Saidur Rahman opened the examination in chief
Prosecutor: What is your name?Examination in chief was then completed then and defence declined to cross examine the witness as he had not said anything material.
Witness: My name is Mohammad Hossain Ali.
Prosecutor: How old are you?
Witness: I am about 66/67 years old.
Prosecutor: There was a meeting held before the election of 1970 in the then Pakistan. Do have know about that?
Witness: I was not present in that meeting (relating to election), however, I heard that the meeting was held at the Bagarpara High School field, Jessore.
Prosecutor: What have heard about the meeting? Can please tell us in details?
Witness: I have just heard that the meeting was held. Nothing more than that.
Prosecutor: Do you know Delwar Hossain Saidee?
Witness: I saw Mr Sayedee when he used to go to the house of Raushan Ali of Bagarpara, Jessore.
Prosecutor: When did you see him?
Witness: I cannot remember whether the time was before or after the liberation war.
Justice Zaheer: Is there any possibility to produce witness before the Tribunal at tomorrow morning?Thus court was adjourned for Sayedee’s matter until 13 February.
Prosecution: No my Lord, before Thursday we will not able to produce witness before the Tribunal.
Justice Zaheer: Prosecution, it is your duty to produce witness before the Tribunal! Our duty is only to examine the witness. And please inform defence counsels regarding the witness to whom you are going to produce before the Tribunal.
Justice Nizamul Huq: Prosecution, we have passed an Order in order to produce witness before the Tribunal on the basis of your application then why you are unable to produce witness.
Prosecution: My Lord, I have said before the tribunal that we have tried a lot but it is a difficult job. We are going everywhere, taking governmental assistance to make it possible.