Wednesday, January 4, 2012

28 Dec 2011: Molla cognisance

Prior to the cross examination of the sixth witness, the tribunal dealt with the issue of taking cognisance of the offences alleged against Molla, Quamruzzaman, Mujahid and Nizami.

In relation to Abdul Quader Molla, the tribunal chairman read out the following order:
‘Today is fixed for consideration of the matter whether cognisance will be taken against accused Abdul Quader Molla. We have perused the formal charge, statement of witness, investigation report and other relevant documents submitted herewith by the prosecution. We are of view that a prima facie cases under section 3(2) of the ICT Act 1973 is available in the material submitted by the prosecution. As such we take cognisance of offence under section 3(2) of ICT Act against accused Abdul Quader Molla. Prosecution be directed to submit relevant papers and documents within 2 days by Sunday (1/1/2012) afternoon so this can be served upon the accused person for preparation of charges. Date 29/1/2012 is fixed for hearing charges.’
In relation to Quamruzzaman and Ali Ahsan Mujahid, the tribunal made the following comments
‘For Quamruzzaman’s and Mujahid’s cases we are passing similar orders as like the order passed in Ghulam Azam’s case. It will return. Date for refiling charges are, for Quamruzzaman 14/1/2012, for Mujahid 16/1/2012.
In relation to Nizami’s case, the chairman said that they hadn't finished perusal of all documents and charges related to his case and needed more time. So Nizami’s order will be passed on 9/1/2012.

Prior to these orders being given, Abdur Razzak, the head of the defence legal team, told the tribunal that on 27th the defence had filed an application to see their client, Matiur Rahman Nizami but it was rejected by the jail authority.

There had been two orders (He reads them out). He said that the tribunal has rightly quoted 682 and 683 of jail code and requested that the court given another order.

The tribunal chairman said that this will be recorded and will be drawn to the attention of the jail authority.

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