Monday, November 12, 2012

16 Jul 2012: Nizami prosecution opening statement

Chief Prosecutor has started reading out the opening Statement relating to the case of Motiur Rahman Nizami. His indictment was given on 28 May. It was subject to review (see here).

Below is a short summary of what was read out.

First he read out a section on the historical background of the formation of Bangladesh. It has been stated in the Opening Statement that according to the election mandate the present Government has formed the International Crimes Tribunal. After his part came to an end Mr. Altaf Uddin Ahmed started reading out the remaining portion of the Opening Statement, which consists of the historical background, the formation of the Rajakar, Al-Badar, Al-Shams, Peace Committee etc. 

The Tribunal Chairman has sometimes hurried him up to read out the selective portions. Then the Prosecutor has read out the short summary of the case. 

He has mentioned that the Investigation Officer Abdur Razzak has initiated the investigation report and submitted the necessary materials and the report to the Chief Prosecutor. Under section- 9(1) of the ICT Act- 1973 the Prosecution has submitted a formal charge against the accused. Afterwards by recognizing the Prima Facie case against the accused the Tribunal has taken the cognizance about the case. The Tribunal has framed charge on 16 counts against the accused under section- 3(2), 4(1), 4(2) of the ICT Act, which is punishable under section 20 of the same Act. 

Afterwards the Prosecutor has described the summary of identity of the accused. His name is Motiur Rahman Nizami, fathers name is: Late Lutfor Rahman, Mother’s name is- Momena Khatun. He was born in Sathia, Pabna on 31-3-1943. He has been admitted at the Islamic Studies department of the University of Dhaka as an outsider student at the graduation class, but he didn’t have completed his study. He was an ex- Parliamentarian. He was the head of Al-Badar Bahini. He has been arrested and afterwards being interrogated in the safe home. 

Then the Prosecutor urged for the causes of letting the accused be punished for the ground that the ICT Act has been promulgated for the trial and punishment of those associates and war criminals, the gravity of the offences are so high, to ensure Justice for the victims’ family.

After the completion of his reading, the Chairman has fixed the next Sunday for the Prosecution Witness and the Defence Document. After that Tajul Islam contended that the charges are not clear and the evidences have not been mentioned in the Opening Statement. And then he has asked for a copy of Opening Statement.

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