Monday, July 23, 2012

5 Jul 2012: Tribunal cross examination length order

Following the cross examination of the Azam's first witness statement, the tribunal then passed an order relating to length of of cross examination

Justice Nizam: Mr. Mizanul Islam, I am telling it from tomorrow to complete it today. Today is the fourth day, all our activities aimed to complete it today. I have said you to complete cross-examination within 3: 45pm, we agree to seat more time but you have to complete it today.

Moontasir Mamun: My lord, I know it that the decision of the judges will never change.

Defence: My lord, I know Tribunal is running according to the rules and regulations. My lord, you have told me earlier to complete it but now you are going to pass an Order. In fact, my lord, if you check-out the whole cross-examination then you will see that there are many new explanations in his answer and my lord, I have the jurisdiction to ask upon these new explanations. That is the reason I think I am not responsible for lengthy cross-examination. Even you are also agree with me on that point that I did not ask any irrelevant question and when you found that there were irrelevancy then you have just omit that questions. My lord, it is not possible for me to complete it today, if it is impossible to continue then please adjourn this matter today.

Justice Nizam: We, the three members of the tribunal reached on a decision that we will frame time for the examination in chief and the cross-examination. And in that case sufficient time has been allotted to you and allowed to you.

Defence: My lord, firstly I want to say, law has empowered you to frame rules; and trial will be continued when there is law and relevancy. My lord, according to his previous statement, charge which has been brought against the accused is for genocide means killing of millions people and crime which was spread over for millions of mile, that does not mean I will ask question for millions days. But reasonable time should be given to us. You have the right to observe whether there is wastage time or not. But I disagree with the point of time framing. My lord, On Sunday senior will come so please this matter should be kept for that days. And what can I say that is, his cross examination should be adjourned today then another date will be fixed according to his convenience.

Chief Prosecutor: It is the obligation of the Tribunal to complete the trial within very quickest possible time. This is very sensational case; Justice evidently has to be dispensed with the provision of law. Cross-examination of the PW 1 has continued for 4 days, yesterday lordships said repeatedly to complete it today.

My submission is, all of us obliged to respect the Order of the Tribunal. Lordships have the right to frame time according to the section11of the ICT so that there is no unnecessary delay either in chief or in the defense.

Justice Nizam: we need co-operation from both sides. Notice will be given to both sides.

Defence: I am trying my level best, to complete within very reasonable time but I am not agree with you in case of giving notice. We will not ask any irrelevant questions and we do not want any adjournment.

Chief Prosecutor: Please stand legally for justice. Time infinity cannot be expected either by us or by the defence. We have to think that man in the dock is not only a human being but also man of honourable person.

Order Given by Justice Nizam (summary):
In this case PW 1 came to this Tribunal on Sunday last. He stated his deposition from 10:30 to 3:50. Then Cross examination continued for three days long, we have heard full 6 sessions, He is witness of this case but we have to consider that he is a man of respectable character having many duties inside and outside the country. This gentle man appearing from the sunday last. ICT provides us measure and we have to take action to prevent unreasonable delay and irrelevant issues in sections 11 (3) (b). We have the rules which stated that this tribunal shall have the jurisdiction to frame time for expeditious trial.

This is the tribunal bound by the law. This witness is in the dock for a long time. We have said the defence to complete the cross within yesterday morning. It appears that said counsels tried their best to complete as quickly as possible.

We are anxious on the matter that we are hearing the crying of the people to complete the trial. So, no way to delay the matter. We shall fix time for both of the party from now and further. In this case witness should not be in fear that giving testimony basically due to wastage of time. Time will be fixed for both of the parties for each and every witness come future.

Mizanul Islam submitted that he requires two days more but he will try to complete it one day. We are of the view that PW 1 should be adjourned today, the defence will be given further one session for examination of the witness which will be suitable for the witness to come. We direct both of the parties to follow the direction of the tribunal.
Tajul islam: My lord, Justice will be given according to the law, crying of the people is not important here.

Justice Nizam: Act is the creation of the parliament and parliament means people.

Witness: My lord, the man who is the accused he left the dock after staying 1 hour and I am here for 4 days. Just after returning from 35 days journey I have come here to give deposition.

Justice Zaheer: Mr. Mamun, for whom the trial is going on, there is highest punishment for him if he proves guilty.

Before the court adjourned, the Mizanul Islam said that the defense had requested the jail authority to give home cooked food, but they have not yet pass any order on our application, so we are now filing a fresh application to allow home cooked food for Sayedee.

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