Tuesday, July 3, 2012

23 Apr 2012: Sayedee hartal adjournment

It was a Hartal day as the main opposition Party BNP had called a country wide dawn to dusk strike. Accused was produced before the Tribunal at 10:50 am. The Chairman and another member judge was present though Mr. Zahir Ahmed was not Present. These two members took their seats at 11.20 am.

The tribunal chairman said that the prosecutor Haider Ali was present and the tribunal members are present, and the prosecutors are present, and the accused is present and the defense Counsels is present so there is no bar to proceed with the case.

One of the Junior Counsel Mr. Abu Bakar Siddiue then rose and submitted that there is no appointed lawyers representing the accused due toe the strike.

The chairman said that the lawyer could then just take notes.

The lawyer then said that without their senior counsel the accused would be prejudiced.

Sayedee, the accused, then himself said that he does not know any law, and he cannot reaise any legal questions so he asked if the tribunal could be adjourned for the day.

The chairman said that they will be aware that the lawyers are absenct and that for the the day the Tribunal will act as his counsel and nothing prejudicial will be allowed

Mr. Sayedee took his seat at this moment.

The Investigation Officer entered the witness box for recording his evidence.

The defence lawyer then rose and said that if the tribunal is sdetermined to hold the tribunal then could the tribunal adjourn for an house to try and get a vehicle for them.

The chairman consulted with Mr. Anwarul Haque and they adjourned the the hearing until 1.30

Following the adjournment, the tribunal members took their seats again. No senior defence lawyers were present.

The chairman asked the junior defence counsels where were are the senior counsels

The lawyer said that they were unable to come as it was risky to come on strike and transport was not available. He said that one of his colleagues had tried to bring our senior counsels but he could not manage any transport to bring them as drivers are frightened to bring their cars onto the road. He then asked for an adjournement, otherwise we will be prejudiced.

The chairman said that no they won’t let any prejudicial things be recorded and we shall look over the matter.

Sayedee then asked for an adjournment.

The Tribunal then passed the order (summary)
Today is fixed for recording evidence of Prosecution Witness 28, Mr. Helal Uddin. The Accused Delawar Hossain Sayedee is produced in the Tribunal. Today one of our members cannot come to the Tribunal because of a ‘call for Strike’ by the Opposition Party. The Prosecutors are Present in the Tribunal. But the Defense counsels are not present. The Accused Delawar Hossain Sayedee personally submitted that the Tribunal may adjourn for today. Mr.Delawar Hossain Sayedee put emphasis that he has full confidence to the Tribunal but at least for his personal satisfaction his appointed Counsels need to be present here. To this Mr. Syee Haider Ali, the learned Prosecutor submitted that process may go on but it would hamper the show of justice.

We have given our anxious thought over the matter. We are reluctantly adjourning the matter for today. Let the matter be heard tomorrow.

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