Application for admission of prosecution statement against Azam
Then the chairman mentioned the petition from the Prosecution side to admit the statement of a witness which has been given to the investigation concerning the case of Professor Ghulam Azam under section- 19 (2) of the ICT Act- 1973. Prosecutor Zeyad Al Malum has stated that the IO has recorded the statement of the witness Mohsin Ali Khan on 3-8-2010. The witness is so old and now living with his daughter at USA. To produce him in the Tribunal within a short time is not possible. To come to Bangladesh by air would be tough for the witness. As the section-19 (2) of the ICT Act-1973 is very clear about this so please accept the statement given to the IO.
Then Mizanul Islam has objected that the defence have not given any copy of the document in support of which the Prosecution is praying now. And the explanation of section- 19(2) of the ICT Act- 1973 is not clear from the Prosecution’s submission. As the witness is not dead or too expensive to produce before the Tribunal so the witness ought to be produced. Government is spending a lot of moneys for this purpose so bringing the witness would not be impossible. Then Mr. Justice Jahangir Hossain has said that you all are earning a lot by conducting the cases at this Tribunal, but there are precedents when a judge of the Supreme Court had died due to the lack of money. He asked whether there was no scope to get money from the Government. Then Zeyad Al Malum has stated that I have mentioned about his ailment only not about the monetary matters.
Then the Chairman said that the application is allowed.