Tuesday, July 3, 2012

4 April 2012: Chowdhury fair trial application

After dealing with the contempt matter, Fakhrul Islam then started to make an application in regards to rules of procedure which he argued were not adequate to conduct a fair trial.

He said, there are many things which are not appropriately dealt with. This Tribunal is established under the military shade.

Justice Nizam: Mr. Fakhrul you cannot say this.

Fakhrul Islam: My lord, this Act was enacted only for those 195 prisoners.

Justice Nizam: CrPc and Evidence Act are not applicable here, so you can not say there is violation of section 149. Mr. Fakhrul if we are satisfied with your petition then we will release petitioner from the discharge petition. You can say everything but you cannot talk about the characteristics of the Tribunal. And please tell me what is needed for fair trial.

Fakhrul Islam: Judgement should be elaborate in case of fair trial. My lord if my all submissions are not according to the law. And if my all submission are not in a proper way then I will walk out.

Justice Nizam: Do you want to walk out the Tribunal? (He became upset)

Fakhrul Islam: My lord, what should I say as you have said it for seven times that I am not acting according to the law.

Justice Nizam: It is not parliament so you cannot say so.

Fakhrul Islam: My lord, what should I do? You are rejecting all of my innocent prayer.

Justice Nizam: You cannot say so because we have passed Order for food, friendly vehicle, treatment at the hospital, for safe home where Advocates and Doctors will sit bedier the accused, giving food as per requirements of the doctor.

Fakhrul Islam:  I want to submit my petition on another date.

Justice Zaheer: 29th April is fixed for the trial so you must submit your application before 29th April.

Sallah Uddin Quader: Can I speak when the lawyer is not present? Lawyer will submit but when he is absent then I want to submit.

Justice Nizam: Mr. Chowdhury as per law you are not permitted to say anything as your appointed lawyer is present but in absence of them you can speak.

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