The tribunal passed the following order following an application by the prosecutors in the case of Quader Molla seeking the examination of 3 additional witnesses. (Previous day's hearing in the tribunal can be found here)
Prosecution has filed an application under section 9(a) of the International Crimes Tribunal Act praying for examination of 3 additional witnesses on the grounds stated therein. Application is taken up for hearing. Mr. Mohammad Ali, the learned prosecutor submits that he has submitted a list of additional witnesses and prays for permission to examine 3 additional witnesses for the ends of justice as per provision of section 9(4) of the Act. On the other hand, Mr. Farid Uddin Khan, the learned counsel for the defence submits that he wants an adjournment for today as he is not ready to oppose the application seeking for examination of additional witnesses by the prosecution.
We have heard the submissions of both the sides, it appears from the text of section 9(4) of the Act that when the prosecution intends to examine additional witnesses at any stage of the trial it requires only the permission of the Tribunal. This Section dictates that prosecution shall not be precluded from examination of such witnesses. In consideration of the spirit of the section 9(4) of the Act, we are inclined to give permission to the prosecution .to examine the said 3 additional witnesses. It may be noted that tomorrow is fixed for examination of prosecution witnesses. If the prosecution intends to examine the said additional 3 witnesses tomorrow in that event, the defence will be given an opportunity and time so that the defence can crossexamine those 3 witnesses after taking due preparation. In view of the above facts, the prayer of the prosecution for examination of additional 3 witnesses is allowed.