Sunday, February 17, 2013

31 Oct 2012: Molla adjournment

Defence lawyer Tazul Islam started proceeding by seeking an adjournment following the previous day's proceedings

Defence: I am very sorry to say that, Advocate Torafdar is not present today, he is out of Dhaka and due to this reason we can’t cross examine to witness.

Justice A.T.M Fazle Kabir asked where is Mr.Ekram?

Advocate Tazul Islam: He is not also present today.

Justice A.T.M Fazle Kabir: No one present how it can be possible?

Advocate Tazul Islam: I am very ashamed for this. Actually we are not also informed before this.

Justice Obaidul Hasan: How can Mr. Torafdar do it? How he goes for a district court case? Is it much important from the ICT case?

Advocate Tazul Islam: Your Honor, it is most humbly stated that due to Mr. Torafdar absence, if you kind enough to pass the adjournment. We are very sorry and ashamed regarding this issue.

Justice Obaidul Hasan: We decided the date in his presence. How he could do this? We are very angry about this.

Chairman say to Mr. Tazul, please take your seat.

Mohammed. Ali the prosecutor: Your Honor, it is most humbly prayed that, if you kind enough to pass, to close up this cross-examination interest of justice. Your Honor it is pre-planned. Sometime he is not present, sometime another counsel is not present. Is this interest of justice? (He referred Articles 11, 13 of the ICT Act and Article 7 of the Bangladesh Constitution) Me Lord, how many days we taken for this tried, peoples are waiting. Today I strongly oppose this adjournment for ends of justice.

Justice A.T.M Fazle Kabir (Chairman) passed the following order:
This is an application praying for an adjournment of the date of cross examination of P.W. 12 for 2(two) days. - Mr. Tajul Islam Islam, the learned counsel for the defence by filing this application has submitted that the engaged lawyer Mr. Abdus Sobhan Tarofdar could not appear before this Tribunal today for his personal difficulty as he is staying outside Dhaka, so adjornment for 2 (two) days may kindly be allowed for the ends of justice. Mr. Mohammad Ali, the learned prosecutor vehemently opposed the application for adjournment of this case by submitting that the Investigation Officer of this case has already been cross-examined for three days by the defence counsel but today without showing any sufficient reason he failed to appear before this Tribunal and as such the application for adjournment may kindly be rejected and the cross examination of P.W. 12 may kindly be stopped for non appearance of the learned counsel for the defence. 
We have heard the submissions of the learned counsel of both the sides. It may be mentioned here that before Eid vacation after consulting with both the parties we fixed up the date of cross-examination of P.W. 12 today within the knowledge of Mr. Abdus Sobhan Tarofdar. But it appears that Mr. Abdus Sobhan Tarofdar did not appear before this Tribunal for the reasons best known to him but his conduct appears to be unsatisfactory. Under the above circumstances Mr. Abdus Sobhan Tarofdar the learned counsel for the defence is directed to submit written explanation before this Tribunal by tomorrow as to why he being officer of the Court did not turn up before this Tribunal to co-operate with the proceeding, though he is duty bound. considering the above f'acts and circumstances, the case is adjourned for today for the absence of defence counsel. Tomorrow is fixed for further cross-examination of P.w. 12 The defence counsel is directed to complete the cross-examination of P.w. 12 by tomorrow, failing which the defence may be debarred from further cross-examination of p.w. l2 (i.o).
Barrister Abdur Razzak and Advocate Tazul Islam requested to the tribunal that the lawyer be granted one day more.

Tribunal states that it is not possible.

At 11 a.m. the Tribunal is adjourned for today.

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