Monday, July 2, 2012

6 Mar 2012: Molla applications

After the charge-framing matter relating to Golam Azam was completed, the tribunal then dealt with some applications relating to Quader Molla

Defence counsel Tajul Islam came to the dais and said he had 4 petitions to submit:

The first one related to disclosed Seizure list documents.

Islam said that the name of some documents has been included in the list but these has not been given to us yet.

Saiful Islam, the prosecutor said that all these documents are actually books of different writers.

Justce Fazle Kabir: Is there any other book yet to be provided?

Saiful Islam: Yes but I am trying to provide it to the defence.

Justice Nizam: How many pages are involved?

Saiful Islam: I cannot say it now. We have referred different Para of this book by photocopying its pages in formal charge.

Tajul Islam: We want those pages which they have included in the list. The book ‘Albadr’ is only provided to us.

Saiful Islam: We have given book named ‘Ekattorer ghatok dalal ra ke kothai’ in another case to the defence.

Tajul Islam: My lord, I did not get. In each case there are separate team.

Justice Nizam: learned prosecution try to give them the copies which they want. Otherwise section 16(2) in case of difficulty for inspection shall be given to the accused person in such manner as the tribunal may decide.

He then made a separate application for privileged communication

Justice Nizam: Why do you you say that document should be read by the accused?

Tajul Islam: My lord, then what is the meaning of privileged communication? It is the rules that accused should read the document himself.

Justice Nizam: What do you do in lower court?

Tajul Islam: My lord, it is not a lower court. It is international Crime Tribunal.

Justice Nizam: You should read and tell about it to your client.

Mr. Tajul: My lord it is not possible for me to tell him about 5000 pages. If he does not read the whole document then how can he instruct me? Or without his instruction I cannot do anything. That is the reason for seeking Order for privilege communication.

Order given by Justice Nizam (summary)
An application for privilege communication, hear Mr. Tajul Islam who submits that they have met with the accused for 3 times. He further submits that he could not able to read the whole document. Having considering their submission, the defence counsel is permitted to meet with accused on 10th March at 10am to 1 pm. 
The next application was a prayer for adjournment.

Then prosecution Muhammad Ali came to the dais and asked to start immediately

Justice Nizam: Just wait, today time is over and see what Order we are going to pass.

Order for adjournment given by Justice Nizam (summary)

This is an application for adjournment filed by accused-petitioner. They are not prepared as well and did not get all the documents. However, the prosecution wants to start from now. Today time is already over. Prosecution will start their reading of formal charge from tomorrow. After the completion of formal charge of the prosecution, we will fix date for defence for their submission. 
Then Mr. Tajul said my lord how it can be happen? We are not completing our reading yet and not prepared as well then how can opposite party start their reading.

Justice Nizam: Order is already passed.

Then Mr. Tajul said ‘yes, my lord we are obliged by this Order.’(he was upset)

Then the court was adjourned till tomorrow.

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