Saturday, July 7, 2012

5 Jun 2012: Azam trial adjournment application

After the cross examination session relating to Sayedee, the afternoon hearing concerned an application for adjournment before the beginning of the trial and an application for a transfer to a different tribunal.

Order for Privilege communication given by Justice Nizamul Haq (summary)
There is an application submitted by the defence counsels for seeking privilege communication. We have allowed this prayer to all accused who appears before us. Two of the accused counsels will be allowed. The three names of the counsels are Abdur Razzak, Imran Siddque and Shishir Karim. Out of the three persons any two counsel are allowed to meet with Professor Ghulam Azam on 8th June at 9:30 and this will be continued till 12:30. During privileged communication accused are permitted to hand over the charge framing Order to the accused. This communication is privileged communication. Authority is allowed to look after but not interfere. And you are barred to make any press conference regarding this issue.
Justice Nizam: Okey, learned defence counsels please come for hearing of the adjournment prayer.

Tajul islam: My lord, in short our prayer is we need adjournment because
(1) Order of the transfer of case and review of the charge framing Order is pending.
(2) Accused petitioner did not get sufficient time to get preparation.

My lord, our preparation is document based and therefore for ends of justice we should be given an opportunity to take preparation and we seek 4 weeks adjournment.

Justice Nizam: Prosecutor, fo you want to say anything?

Zead-al-malum: Yes, my lord. My lord, defence will get that time which is prescribed by our rules. According to the rules they are not allowed to get 4 weeks for their preparation. So, they will not be given more than that time which is directed by the Rules.

Justice Nizam: Learned prosecutor, you cannot say, 'time will not be given'.

Zead-al-malum: My lord, it is nothing but a submission. So time should be given as per the rules.

Tajul Islam: My lord, may be my learned friend has not read the rules properly. In this rules it is clearly mentioned that “at least 21 days” will be given. That means minimum 21 days is specified, maximum time is not mentioned.

Justice Nizam: Yes but what will be your problem if we start opening statement. Your lack of preparation cannot be a reason for adjourning the whole proceedings. Opening statement can be started and continued.

Tajul Islam: My lord, there are three members of these proceedings Tribunal members, presection and defence. So all should be present while a proceeding is continued otherwise it will be ex-parte.

Justice Nizam: Time for your preparation will be considered but opening statement will not be stopped.

Tajul Isalm: My lord, what if my review is allowed.

Justice Nizam: Then it will be considered at that time.

Order given by Justice Nizam (summary
There is an application for adjournment by the defence counsels, one of the defence counsels Tajul islam submitted that transfer of the case and review of the Order of framing charge is also pending for hearing, so before passing an final Order if proceedings started then they will be prejudiced. Another submission is that they could be able to prepare themselves.

Mr. Malum by opposing submitted that law and rules is clear, how much time will be given to the defence counsels.

However, we hear both of the parties; we have repeatedly stated that any application will not stop any proceedings of the Tribunal. We are still on the same ground, therefore in case review application and transfer we reject the adjournment and regarding preparation some more time will be given but it will not be the reason of adjournment of opening statement. So adjournment is partly allowed. We shall hear review, transfer and opening statement then we will fix a date for adjournment.

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