Monday, November 19, 2012

1 Aug 2012: Chowdhury witness recall application

The tribunal arrived at to find the Prosecution side empty. Ten minutes later, 2 of the Prosecutors have arrived. The Chairman asked them if they are the dealing with the first Item, and they said not they were not. Zead Al Malum arrived ten minutes laterand Chairman told him that the Tribunal-1 starts at 10 am. The Prosecutor apologized for his unexpected delay.

Justice Nizamul Huq: Okay start with the application.

Zeyad Al Malum: May it please your Lordship. Porag Dhor was the prosecution witness-9 in the case of Salahuddin Quader Chowdhury. He has given his statement before this Tribunal, but due to some reason he was not able to say some important points in his statements. For this ground we are praying that he be recalled for re examination and we are praying before your Lordship to hold it ‘in camera’.

Justice Nizamul Huq: You are saying about camera Trial but it will be recorded in the court, you know. But let me know, why the defence counsel has not been notified about this application.

Zeyad Al Malum: As he was not found.

Justice Nizamul Huq: Both the courts right there.[Indicating the High court and the appellate division]. Anyway, keep all the phone numbers of the counsels who attend the Tribunal.

Zeyad Al Malum: We have all the numbers except the number of those counsels.

Justice Nizamul Huq then passed an order (see summary)
This is an application filed by the Prosecution for the re examination of the Prosecution Witness- 9 Porag Dhor on recall and also for holding the part in camera. It appears that the copy of the application has not been served to the defence counsel, as they are not available. The Chief of the defence Ahsanul Huq is in Chittagong and other Chief Counsel for defence is busy in High Court Division. Law requires that the copy should be served to the defence, the Prosecution said that- the Tribunal may allow it with the condition that defence may raise question.

On 26-7-2012 Mr. Porag Dhor was present before the Tribunal for the examination in chief and the cross examination. Both the cross and chief examination have been completed on the same session. It appears that some vital questions have not been asked to him so the Prosecution might be prejudiced for that, so they would like to pray for recall for the re examination. It appears that section 10 (1)(e) of the ICT Act states as follows—

‘the witnesses for the prosecution shall be examined, the defence may cross-examine such witnesses and the prosecution may re-examine them.’

On the basis of the following provision Mr. Zeyad Al Malum states that a chance should be given on this manner. We have heard the contention of the Prosecution and perused the relevant section. And we are satisfied that- for the end of justice the witness is allowed to be recalled for re examination. The Prosecution urged for camera Trial, there were certain reason which if were said in the application the main purpose of the re examination would have been frustrated.

It is ordered that- Porag Dhor is recalled for re examination and that this will be held in camera only in the presence of the Chief Prosecutor, Zeyad Al Malum and another Prosecutor and from the defence side Mr. Ahasanul Huq and other counsel. Nobody is allowed to stay on the room on that day. The Prosecution and the defence are to give an undertaking that they will not disclose the contents and anything whatsoever that happens in the Tribunal Room. If anyone found violating the order then he would be liable under section 11 (2) of the ICT Act.

The defence counsel may raise any objection regarding the date and contents. Let this witness be produced on the Tribunal on 7-8-2012 for the re-examination.

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