4 Jul 2012: Noya Diganta Tajul Islam criticism

Tribunal one

Noyadiganta prosecution criticism/Tajul Islam 'contempt'

The prosecutor, Zead Al Malum started the proceedings by drawing the courts’s attention to today’s Daily Noyadigonto. It has published a report about Yesterday’s deposition of Prosecution witness Muntassir Mamun under the headline- “Muntassir Mamun didn’t do any research on Agortola Conspiracy Case.” They would like to allude that Mr. Mamun has uttered false words before the Tribunal. He is a respectable man and he is a Professor of the University of Dhaka, but some other newspapers along with Noyadigonto have published such sorts of misleading news.

Justice Nizamul Huq: Who is representing here from Daily NoyaDigonto? [The Reporter stood up]

Justice Nizamul Huq: Do you have any idea about the Court proceeding and about the recording of deposition? [The reporter was looking at a hesitant manner.]

Justice Nizamul Huq: After the witness gives his statement it is being recorded. And before taking his signature at the end it is being read over to the witness. If he is found disagreed with any point, it is being considered thereafter. So, you can’t say that whether he has said that or not before the full process is over.

Reporter: Sir, I have quoted the sentences of everyone.

Justice Nizamul Huq: I have not gone through the full report. But in dealing with the matters of this tribunal, everyone is requested to be very cautious. This is a Tribunal which is dealing with a very serious matter, so please verify before you say anything. If you can’t understand any point, in that case ask for the clarification towards the relevant counsels.

Tajul Islam: My Lord, the reporter might write, whatever he is watching.

Justice Nizamul Huq: No. the reporter can’t write anything which goes against the Tribunal.

Tajul Islam: He might write the thing he is watching.

Justice Nizamul Huq: No. Mr. Tajul. Come here, when we were talking about the recall of the order about Mr. Sayedee’s food supply issue, were you here at the room? The reporters have written that- it is the presumption of the defence counsel that by cancelling the previous order for supplying the food, Mr. Sayedee might be prejudiced. Is this a language of a lawyer? In the Banglanews24.com it has been stated that the defence counsel Tajul Islam is apprehending that if Mr. Sayedee dies, in that case who will be there to judge the Tribunal. Did you say so, Mr. Tajul? What kind of words is this, we wonder?

Tajul Islam: Yes I have said so. I said them despite allowing the application for supplying home cooked food to DHS on the previous day, you recalled the order and rejected the application. I told the journalist that the Tribunal wants us to file this application to the Jail authority. DHS is very sick and this delay and procedural matters will put his life at risk. If DHS dies then whom will you try. I am here to take the full responsibilities of every word which I have mentioned.

Justice Nizamul Huq said that this was contemptuous and it was made to lower the reputation of the tribunal. He passed an order (summary below)

It appears that in a report of Banglanews24.com news has been published under the headline that- ‘The order of supplying home cooked foods to the detained accused Sayedee has been withdrawn.’- where it has been stated- ‘The order has been withdrawn on Tuesday just after passing the same on Monday, and the Tribunal has directed the Defence Counsel Tajul Islam to apply to the Jail authority at first, so that Mr. Sayedee will be deprived of justice.’ And Mr. Tajul has complained that Mr. Sayedee is getting more ill day by day after taking hospital cooked food.

It appears that an order has been passed by the Tribunal to supply home cooked food. Just only upon a verbal prayer of Mr. Tajul Islam the petition was allowed verbally. When writing the order it appears that the petitioner has not served any application to the Jail authority; whereas, in the case of Mr. Gholam Azam, an application has been sent to the Prison authority under the Jail Code. So, the Tribunal is of the opinion that without sending any application to the jail authority the order would not be passed. Mr. Tajul Islam was not present during passing the order. We have directed Tajul Islam about the matter by calling him in the chamber. We wonder, how could Banglanews24 came to know that we have directed Tajul Islam about that. It has been found in other newspapers also. Mr. Tajul Islam has stated before the Tribunal today that he has been advised to go the proper authority.

So, at these circumstances we hereby call Banglanews24 ando Tajul Islam to explain their position about the report and the information as to why action should be not taken against the tribunal under section 11(4) of the Act. This reply should come to the office within 11-7-2012.

Mizanul Islam: My Lord, I have 5 newspapers this morning. The reporters have stated as they have observed from their own point of views.

Justice Nizamul Huq: In case of the junior lawyers who are assisting the seniors, we will not mind so deeply, if they pronounce an inappropriate word, but if Mr. Mizanul, Tajul, Malum or the Chief Prosecutor tends to do the same we will mind, because they are not entitled off any excuse for their seniority.