Wednesday, April 1, 2015

'Upgrading the majesty of the Tribunal', a signal of 'utmost admiration'

Below are the most recent orders of the International Crimes Tribunal-2 passed on 3 March and 18 March 2015 (which are of a similar nature) in relation to action that the Tribunal has taken against 49 Bangladeshis who were signatories of a statement (published in the Bangladesh news paper Prothom Alo) which commented on a judgement given earlier by the tribunal involving contempt of court.



To understand these proceedings read the following:
Read about:   The background to these proceedings 
28 Dec 2014: To 'Protect its jurisdiction and authority' 
14 Jan 2015:  'Explain yourselves' 
11 Feb 2015: The New York Times's 'unwarranted and derogatory comment' 
23 Feb 2015: Throw yourself 'at the mercy of this tribunal'
In relation to the most recent orders set out below, the language of the first paragraph in each of the orders is the most interesting. I make no comment.
'Their such introspection has not only upgraded the majesty of the Tribunal but also signify their utmost admiration to the process of the administration of justice that will invariably usher reposing faith by the general mass on the fairness of Court of law in dispensing justice.
3 March 2015
Today is fixed for passing order.  
Today 10 persons namely, Dr. Perveen Hasan, Mr. Ali Riaz, Ms. Tahmina Anam, Mr. Md. Nur Khan, Ms. Faustina Pereira, Ms. Deuty Sabur, Mr. Firdous Azim, Ms. Samia Huq, Mr. Mohiuddin Ahmed and Ms. Sarah Tasnim Shehabuddin by filing applications have expressed their remorse for the comment they made regarding the conviction of David Bergman. They have also unconditionally apologised for their comments and craved mercy of the Tribunal to exonerate them from further prosecution. Their such introspection has not only upgraded the majesty of the Tribunal but also signify their utmost admiration to the process of the administration of justice that will invariably usher reposing faith by the general mass on the fairness of Court of law in dispensing justice. In such a parlance, we accept the apology tendered by above 10 persons finding it just and proper for their remorseful disposition. Thus, we exonerate them from further prosecution.

By filing applications Ms. Nihad Kabir, the learned advocate representing 8 citizens namely, Mr. Masud Khan, Mr. Afsan Chowdhury, Mr. Ziaur Rahman, Ms. Hana Shams Ahmed, Mr. Anu Muhammad, Ms. Anusheh Anadil, Ms. Muktasree Chakma and Ms. Lubna Marium prayed for some more time for filing their proper explanations.

By filing similar applications Ms. Shirin Huq prayed for some more time on behalf of herself and rest 7 persons who are appearing in the Court in person.

Considering all aspects, we are of the view that justice would be met if the aforesaid 16 persons are given some more time to clarify their position to give their proper explanation. Accordingly, the prayers are allowed.

It appears that two persons namely, Dr. Bina D' Costa and Mr. Abrar have sent some papers to the office of the Tribunal stating why they could not file proper explanation by today, and rest distinguished persons who made the statement through the Bangladesh Missions of the respective countries where they are presently residing have sought for some more time to send their proper explanation.
Considering all aspects, we are of the view that justice would be met if we allow the applications seeking adjournment. Accordingly, the hearing of the matter is adjourned till 18.03.2015.

Record shows that no reply has yet come from the Editorial Board of the international daily the New York Times till today. Necessary order will be passed on the date fixed on this matter.

Let this matter be posted in the list on 18.03.2015 for order.
18 March 2015
Today is fixed for passing order.

By filing an application Dr. Dina M. Siddiqi has expressed her remorse for the comment she made regarding the conviction of David Bergman. She has also unconditionally apologised for her comments and craved mercy of the Tribunal to exonerate her from further prosecution. Her such introspection has not only upgraded the majesty of the Tribunal but also signify her utmost admiration to the process of the administration of justice that will invariably usher reposing faith by the general mass on the fairness of Court of law in dispensing justice. In such a parlance, we accept the apology tendered by her finding it just and proper for her remorseful disposition. Thus, we exonerate her from further prosecution.

By filing an application for adjournment on behalf of 10(ten) persons namely, Masud Khan, Afsan Chowdhury, Ziaur Rahman, Hana Shams Ahmed, Anu Muhammad, Anusheh Anadil, Muktasree Chakma Sathi, Lubna Marium, Farida Akhter and Md. Rezaur Rahman, Mr. Asaduzzaman, the learned advocate prays for adjournment of the case till 01.04.2015 as a last chance.

By filing similar applications Ms. Shirin Huq prayed for some more time on behalf of her and rest 4 persons who are appearing in the Court in person.

Considering all aspects, we are of the view that justice would be met if the aforesaid 15 persons are given some more time to clarify their position to give their proper explanation. Accordingly, the prayers for adjournment are allowed as a last chance.

Let this matter be posted in the list on 01.04.2015 for order.

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