An order was passed by Justice Zaheer Ahmed following the defence application for the recall of witness 1, 2 and 6. (Summary below)
In their application the defence has urged that- the Prosecution witness no- 1 Mahbubul Alam Howladar and Prosecution Witness No- 6 Manik Poshari can’t remember whether they have given any interview to any Television Channel. But during his deposition, Prosecution witness Helal Uddin has submitted a CD which contains the television interview of the witnesses. After the display of the interview it is necessary to recall them, it was urged by the defence counsels. The defence has also urged that the Prosecution witness Ruhul Amin Nobin has claimed that he has passed his graduation degree from the University of Dhaka, but his name has been found in the debarred list of 1978, as he has been expelled from the examination; so he should be recalled.
At this stage Prosecutor Haider Ali has stated that as there is no provision of recall so the prayer should be rejected.
We’ve perused everything and heard both the parties.
As new information has been found during the deposition of prosecution witness-28 so the prayer of recalling the Prosecution witness 1 and 6 is allowed. But about finding the name of Mr. Ruhul Amin Nobin in the debarred list, we’re of the view that it is in no way relevant to this present case. So it should not be allowed for recall. Though Prosecutor Mr. Haider Ali has menionted about the delay of the proceeding for this recall, but as the defence has already submitted three questions for Mr. Mahbubul Alam Hawladar and 13 questions for Manik Poshari, so it would be allowed. The Prosecution is directed to present the Prosecution witness- 1 and 6 by 15th June, 2012. The defence party is ought to deposit 5000 taka within 10th June, 2012 for bearing the expenses of recalling the witnesses.