The day started with the defence counsel Barrister Abbdur Razzak drew the attention of the tribunal to some newspaper articles, including the reports of Daily Prothom Alo and Daily Noya Digonto on 16th March, 2012 about the proceeding of the tribunal the day before.
He said that he would like to mention some specific points from these reports, 'I would like to draw your kind attention to the report of Noya Digonto, where it has been stated that- Justice Nizamul Haq asked the Prosecution team that-“why didn’t they meet the person, from whom Mr. Shahriar Kabir has got the information to enrich his book?” And then My Lord, it has been stated in the same article that- Justice AKM Zahir expressed to the Prosecution team that- there are several witnesses, so go and find them out. Even it has been expressed before your Lordship that no witness has been found. '
Justice AKM Zahir: Mr. Razzak, we’ve asked why they’ve not produced any single witness from the place of killing of Martyr Pallab.
Justice Nizamul Haq: We’ve pointed out the flaws of defective Investigation, Mr. Razzak.
Barrister Abdur Razzak: But it has been found from the report that your Lordship has asked these questions towards the Prosecution team.
Justice Nizamul Haq: Mr. Razzak, we could ask the reporter about the report; but we know what we have asked.
Justice Fazle Kabir: Mr. Razzak, we are entitled to ask why they did not raise the charge, is not it?
Abdur Razzak: Why your Lordship had asked the question?
Justice Nizamul Haq: No words, no actions; in fact nothing of us shall prejudice any party. So, you cannot say. Your Lordship may please stop asking these questions. We will ask questions if it is needed.
Abdur Razzak: Your Lordship may ask any question, you can do a lot of things; we would not like to say anything about that. Now I would like to read the report of Prothom Alo. It has been stated in the report tha your Lordship has referred to the prosecution team to collect the references from a lot of Newspaper and journals published in 1972 about killing of the Poet Meherunnisa. The Prosecution would get the benefit from the references mentioned by Your Lordship.
Justice Nizamul Haq: We’ve not instructed them to go and collect the above said references before the tribunal.
Abdur Razzak: My Lord, you have mentioned the references to the Prosecution. They would be benefited from this.
Justice Nizamul Haq: No, Mr. Razzak, you cannot say like this. Not only you; no one will be prejudiced from the tribunal. We assure you .
Justice Fazle Kabir: By the way, Mr. Razzak; you’ve also been benefited from such kind of queries to the prosecution team.
Justice Nizamul Haq: Keep this thing in your mind, whatever we’re doing is just to find out the truth.
Barrister Abdur Razzak: But, My Lord; everything should be in such a manner that no one will be prejudiced. You may certainly make comment on the Investigation report. But you cannot advice the prosecution that ‘there are evidences against the accused, but you are unable to collect the evidences’. You cannot advice where to get the evidence. The accused will be highly prejudiced by such comment.
Justice Nizamul Haq: Okay. Mr. Razzak, You may take your seat.
It seems that Mr. Syed Hyder Ali would like to say something. Come here.
Mr. Syed Hyder Ali, Prosecutor: The defence counsel has placed the part of the paper, if they would read out the full article, then in that case, certainly these question would not come. Tribunal may ask these questions to any side. To find out the reasonableness, the Tribunal is free to ask any question. Section- 16(c) says about the reasonableness.
The tribunal then moved onto the beginning of the charge hearing against Kamruzzaman
He said that he would like to mention some specific points from these reports, 'I would like to draw your kind attention to the report of Noya Digonto, where it has been stated that- Justice Nizamul Haq asked the Prosecution team that-“why didn’t they meet the person, from whom Mr. Shahriar Kabir has got the information to enrich his book?” And then My Lord, it has been stated in the same article that- Justice AKM Zahir expressed to the Prosecution team that- there are several witnesses, so go and find them out. Even it has been expressed before your Lordship that no witness has been found. '
Justice AKM Zahir: Mr. Razzak, we’ve asked why they’ve not produced any single witness from the place of killing of Martyr Pallab.
Justice Nizamul Haq: We’ve pointed out the flaws of defective Investigation, Mr. Razzak.
Barrister Abdur Razzak: But it has been found from the report that your Lordship has asked these questions towards the Prosecution team.
Justice Nizamul Haq: Mr. Razzak, we could ask the reporter about the report; but we know what we have asked.
Justice Fazle Kabir: Mr. Razzak, we are entitled to ask why they did not raise the charge, is not it?
Abdur Razzak: Why your Lordship had asked the question?
Justice Nizamul Haq: No words, no actions; in fact nothing of us shall prejudice any party. So, you cannot say. Your Lordship may please stop asking these questions. We will ask questions if it is needed.
Abdur Razzak: Your Lordship may ask any question, you can do a lot of things; we would not like to say anything about that. Now I would like to read the report of Prothom Alo. It has been stated in the report tha your Lordship has referred to the prosecution team to collect the references from a lot of Newspaper and journals published in 1972 about killing of the Poet Meherunnisa. The Prosecution would get the benefit from the references mentioned by Your Lordship.
Justice Nizamul Haq: We’ve not instructed them to go and collect the above said references before the tribunal.
Abdur Razzak: My Lord, you have mentioned the references to the Prosecution. They would be benefited from this.
Justice Nizamul Haq: No, Mr. Razzak, you cannot say like this. Not only you; no one will be prejudiced from the tribunal. We assure you .
Justice Fazle Kabir: By the way, Mr. Razzak; you’ve also been benefited from such kind of queries to the prosecution team.
Justice Nizamul Haq: Keep this thing in your mind, whatever we’re doing is just to find out the truth.
Barrister Abdur Razzak: But, My Lord; everything should be in such a manner that no one will be prejudiced. You may certainly make comment on the Investigation report. But you cannot advice the prosecution that ‘there are evidences against the accused, but you are unable to collect the evidences’. You cannot advice where to get the evidence. The accused will be highly prejudiced by such comment.
Justice Nizamul Haq: Okay. Mr. Razzak, You may take your seat.
It seems that Mr. Syed Hyder Ali would like to say something. Come here.
Mr. Syed Hyder Ali, Prosecutor: The defence counsel has placed the part of the paper, if they would read out the full article, then in that case, certainly these question would not come. Tribunal may ask these questions to any side. To find out the reasonableness, the Tribunal is free to ask any question. Section- 16(c) says about the reasonableness.
The tribunal then moved onto the beginning of the charge hearing against Kamruzzaman
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