Due to the second day of the strike one of the Member judges Mr. AKM Zahir Ahmed was not present to Tribunal. The other member, Mr. Anwarul Haque and the Chariman took their seats at 10.30 am. No senior defence counsel were present. Sayedee, the accused was in the dock.
The first item on Sayedee was called.
Defence Junior Counsel Mr. Sazzad Ali Chowdhury submitted before the Tribunal that due to Hartal our senior counsels could not attend the Tribunal and that he has been instructed by his seniors to submit an adjournment petition but have been given no other instructions. In that situation we have prepared an adjournment petition and we are pressing this before your lordship. This was signed by Mr. Sayedee himself in absence of his lawyers.
The chairman said that we cannot adjourn the matter on the ground of Hartal. Prosecutors are available, journalists are available, the accused is brought to the Tribunal even some junior counsels from the Defense are also present so there is no bar to proceed with the Trial process.
At this stage Mr. Sayedee himself stood and submitted that 4 items were in today’s cause-list and that three other accused were not brought to the Tribunal because of Hartal.
The Tribunal then passed an order rejecting the Application for Adjournment and directed the prosecutor to produce Mr. Helal Uddin to the witness box and continue to take the examination in Chief.
He took aath and started to give evidence.
The first item on Sayedee was called.
Defence Junior Counsel Mr. Sazzad Ali Chowdhury submitted before the Tribunal that due to Hartal our senior counsels could not attend the Tribunal and that he has been instructed by his seniors to submit an adjournment petition but have been given no other instructions. In that situation we have prepared an adjournment petition and we are pressing this before your lordship. This was signed by Mr. Sayedee himself in absence of his lawyers.
The chairman said that we cannot adjourn the matter on the ground of Hartal. Prosecutors are available, journalists are available, the accused is brought to the Tribunal even some junior counsels from the Defense are also present so there is no bar to proceed with the Trial process.
At this stage Mr. Sayedee himself stood and submitted that 4 items were in today’s cause-list and that three other accused were not brought to the Tribunal because of Hartal.
The Tribunal then passed an order rejecting the Application for Adjournment and directed the prosecutor to produce Mr. Helal Uddin to the witness box and continue to take the examination in Chief.
He took aath and started to give evidence.
One of the Junior counsel Mr Abu Bakar Siddique then submitted that they are instructed only to present adjournment petition and that if the Tribunal wants to record the evidence of the witness then they need to leave the court room with the leave of the court.
The tribunal said that they should not leave the room and should continue to take notes.
The Tribunal continued to record IO’s submission. The details of what was stated by the investigation officer are not recorded here (hopefully will be added later) This followed on from a previous day's hearing.
At one stage the junior counsels submitted that investigation officer examination in chief may be adjourned at this stage. But the Tribunal continued to record his statement until it finished
After completion of the examination in chief the next day was fixed for investigation officer’s cross-examination.
One of the junior defence lawyers then submitted that during the examination in chief of the investigation officer the Prosecution has served many new documents, notably 5 volumes of foreign news papers those are in total about 4000 and they needed to go through all documents and prepare a ‘line of Cross examination’. So they need at least one week adjournment for preparation to cross examine IO.
The tribunal was adjourned.
The tribunal said that they should not leave the room and should continue to take notes.
The Tribunal continued to record IO’s submission. The details of what was stated by the investigation officer are not recorded here (hopefully will be added later) This followed on from a previous day's hearing.
At one stage the junior counsels submitted that investigation officer examination in chief may be adjourned at this stage. But the Tribunal continued to record his statement until it finished
After completion of the examination in chief the next day was fixed for investigation officer’s cross-examination.
One of the junior defence lawyers then submitted that during the examination in chief of the investigation officer the Prosecution has served many new documents, notably 5 volumes of foreign news papers those are in total about 4000 and they needed to go through all documents and prepare a ‘line of Cross examination’. So they need at least one week adjournment for preparation to cross examine IO.
The tribunal was adjourned.
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