Wednesday, March 20, 2013

17 Dec 2012: Sayedee priviliged communication

An application was made by Sayedee's defense seeking privileged communication with the accused. The defense argued that due to the resignation of the tribunal chairman, the defence counsel needed to get the accused’s instruction. They argued that no one would be prejudiced if the petition was allowed. The prosecution opposed the application

The new chairman, Fazle Kabir passed the following order (summary below)
This is an application filed by Mr. Mizanul Islam, the learned Counsel for the Accused petitioner seeking permission to allow Privileged Communication between the Accused and the learned Counsels.

Mr. Mizanul Islam submits that former Chairman of this Tribunal Mr. Nizamul Haque has resigned; in his place I have been restored. The learned Counsel has submitted that in the above mentioned circumstance he needs to take necessary instruction from his client.

The learned Prosecutor Mr. Haider Ali (HA) opposed the application and submits that all the processes of the Trial have been exhausted in this case. The case is ready for judgment. As per law there is no scope for retrial. So Privileged communication is not necessary at this stage.

We have heard both the parties and perused the application. All the stages have elapsed in this case. This Tribunal has not taken any decision about retrial as yet. At this stage we found no ground for Privileged Communication with the accused petitioner. As such the prayer for Privileged communication stands rejected.

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