Wednesday, July 11, 2012

6 Jun 2012: Azam tribunal transfer application 2

Justice Nizamul Huq started proceedings by saying that the tribunal wanted to repeat that no one is allowed to come before the tribunal with an electronic device. I’m not going to explain why I have said this. But, I would like to make it sure that- no one is allowed to come with that.

The defense lawyer Tajul Islam said: My Lord, I hereby would like to say that there have been many incidents when the mobile phone of the Chief Prosecutor or Mr. Zead Al Malum or some other member from the Prosecution team started ringing before the tribunal. Even there was an unexpected incident when just because of finding an electronic device, a foreigner who was an observer on that day has been very much harassed before the tribunal.

Zead Al Malum from the prosecution said that there were so many incidents when the cell phones of the defence started ringing also.

Tajul Islam then moved onto another matter: concerning the failure of the jail authority to comply with an order that the tribunal passed  on 13th May, 2012 which directed that the accused be supplied with the Islamic books, documents, papers etc.

Justice Nizamul Huq asked Mr. Zead Al Malum to come forward. The chairman  said the order has been passed on 13th May, 2012 and the letter has been issued on 30th May, 2012. What authority does the Jail Superintendent have to ask whether these materials have to be supplied or not. The Tribunal has ordered to supply these materials. These materials ought to be supplied within this day, otherwise order will be passed.  The Prosecution is asked to say that It is the desire of the Tribunal to supply those books. You have to tell the officer to comply with the order of the tribunal. The materials are ought to be supplied within this afternoon.

Zead Al Malum then mentioned another issue to the tribunal. He drew the tribunal's attention to two reports of Daily Sangram. It has given a headline on a report that the deposition has been taken of another witness when the deposition of witness-3 was pending. Another one has published a report about the Prosecution witness Gourango Chandra Singha. It has stated in its heading that- Gourango Chandra Singha, who has fled away after leaving his uncle in trouble, is now being sought for the murder of his uncle.  My Lord, it is really not fair. It is not in no way protecting the honour of the witnesses. It is the responsibility of everyone to ensure the safety and dignity of the witnesses. So, my humble prayer before the Lordships is to take necessary steps for these spiteful reports.

Justice Nizamul Huq: Mr. Prosecutor you know it very well that sometimes it is the habit of some reporters to colour a report. We are telling it again and again to be careful when reporting. But it is continuing. What should we say now? And please don’t be so sensitive about every reporting. In that case we will not proceed properly.

The tribunal then moved onto deal with the prosecution arguments against the Azam's defense lawyer application for recusal of the tribunal chairman or transfer of the case to the second tribunal which were argued the day before.

Mr. Zead Al Malum came before the dais and started submitting his arguments against the transfer petition of the case of Mr. Golam Azam to the Tribunal-2 by the defence counsel. Then he mentioned the newly inserted section-11A of the ICT Act- 1973 which has been added to the previous Act by the President’s Ordinance Number-4 of 2012—the section is as follows:

“At any stage of a case, a Tribunal may, on its own motion or on the application of the Chief Prosecutor, by an order in writing, transfer the case to another Tribunal, whenever it considers such transfer is just and convenient for proper dispensation of justice and expeditious disposal.” 

Then he has objected to the word “recusal” which has been mentioned by the defence at their petition. I didn’t find the word in this Act he said. Previously such kind of application has been presented by the defence

He refered to the news report which refered to the Chairman of the Tribunal bring involved in the Ghatok Dalal Nirmul Committee. Then he has mentioned the news report from the Annex which has stated that the judgment of Gono Adalot (People’s Court) should be make true; it was the demand of the Lawyers Association.

[At 11:30 A.M. Mr. Abdur Razzak asked the Tribunal to allow the accused Mr. Golam Azam to leave the court roon as he is feeling very sick. The Tribunal permitted him to leave.]

Afterwards Mr. Zead Al Malum continued his arguments. He has stated that- except the perpetrators, collaborators and the supporters of the war crimes of 1971 there is no one who is not in search of justice for the war crimes of 1971. So, in that case if our lordship was somehow involved with the movement that might not be counted as an illogical matter. Now why at this prime stage of the proceeding of Mr.Golam Azam; the defence is thinking about the biasness. Now they have intentionally raised the issue of recusal or transfer at the stage before the Opening Statement starts.
Is the Tribunal is empowered to do what the accused wants it to do ? Then he has mentioned section- 6 (2A), 9, 24, 26 of the ICT Act-1973. There is no other way left in the hand of either Prosecution, defence or the tribunal to go beyond these sections. So, there is no legal validity in favor of the application sought by the defence. Transfer itself is an independent process. Only the Tribunal or the Chief Prosecutor can apply for it.

The Justice then said that-the accused apprehends he will not get fair trial.

Then Zead Al Malum stated that the defence should be very  careful when stating anything about the tribunal or the justices. The matter of transfer and recusal have been presented previously and disposed off, but the same matter has been raised here again. It is a part of long term planning of something malicious by the defence.

Justice AKM Zaheer Ahmed: I will not ask anything about the recusal matter. It has been stated in the section-11A about the transfer of the case by the request of the Chief Prosecutor and by the own motion of the Tribunal. Right now the second tribunal is quite as free as the Tribunal-1 in dealing with the proceedings. We are already burdened with two cases. So, whether this tribunal could suo moto give an order of transfer the case to that tribunal?

Zead Al Malum: Apparently it has been assumed that the tribunal is not burdened. But actually they will immediately be overloaded by the loads of proceedings.

Mr. Abdur Razzak then responded, I would like to say something. If the petitioner would have been discharged, in that case the question would not be raised. We’ve waited a long time to avoid this perilous application. 

The court then moved onto deal with the review application of Azam's indictment.

No comments:

Post a Comment