Sunday, February 17, 2013

11 Nov 2012: Defence case adjournment

The day was fixed for the beginning of the defense case (following on from previous day)

Abdur Razaq, the defense lawyer, however sought an adjournment. The following interchange took place (summarized):

Defence: We need some time to obtain appearance of the defense witnesses. Due to some unavoidable reasons we can’t get the defense witnesses to appear before the tribunal.

Chairman A.T.M Fazle Kabir: we fixed this date for examine the defense witness much earlier. How is it possible that you can’t obtain any witness from the list in this time?

Defence: My Lord, due to some difficulties we can’t. I very humbly prayed for 7 days for adjournment of this case.

Proseuctor: My Lord I totally oppose it. This application is filed for adjournment. It is appears to be nothing but dilatory practice, it create obstruction to make speedy trial. It is total violation of section-11(3) a, b and Rule 53(3) of ICT. Where the tribunal gives enough time for the defense witnesses to appear and they don’t, it seems that they make delay intentionally. So that, the tribunal shall not allow the adjournment and, close up the all evidences of the case.'

Tribunal then stated that the next date will be on 14th November in 2012.

Defence: My Lord, Mr. Torafdar has some personal problems on that day.

Chairman A.T.M Fazle Kabir: Then it 13th November.

Defence: My Lord, Mr. Torafdar has some personal problems on 13, 14, and 15th November, can it be made on 16th November.

Justice Obaidul Hasan: No it can’t possible. It’s 14th November in 2012. If your witnesses have problems then we can make all arrangements like security, accommodation. You please tell us what is the problem?

Judge Shahinur Islam asked Mr.Torafdar to please change your schedule.

Justice Obaidul Hasan: You ask the tribunal to change its time but you don't change your time.  Already tribunal accommodates you and you have been given a notice for explanation.

Defence: Witnesses are scared, how can you remove it your Lordship?

Chairman A.T.M Fazle Kabir then said that the date for hearing defense case will be on 15th November in 2012.

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