Tuesday, March 19, 2013

6 Nov 2012: Contempt allegation against defense

The tribunal started with Zead Al Malum drawing the attention of the Tribunal to what Tajul Islam and Mizanul Islam, two defense witnesses, said about the incident of the alleged abduction.

He read out the Daily Prothom Alo quoting the remarks of both the defense lawyers.

Malum said that the language uttered is totally unexpected. He said that everything that happened yesterday was done in order to negate the Tribunal. 'We have our full faith in this Tribunal and it’s free, fair and independent activities. Everything that happened in this Tribunal was totally unexpected and was done to bring the tribunal to a stop,' he said arguing that the abduction of Bali was fake and was created to serve the purpose of Jamaat and that it was just a continuation of the party's countrywide agitation

He urged the tribunal to take action against the men under section- 11(4) of the ICT Act- 1973.

Abdur Razzaque, the chief defense lawyer said that the clashes of Jamaat and Shibir or anything else is not the concern of this Tribunal. He said that the prosecutor has made a political statement and we are objecting to it. He argued that Tajul did not mean anything against the Tribunal. I

Chairman: We know what Mr. Tajul has said. Don't you think it falls under the purview of section- 11(4) of the ICT Act- 1973?

Abdur Razzaque: He has not said anything intentionally.

Chairman: Do you know that today there is one matter concerning the conduct of Mr. Tajul Islam? Now if the same thing happens again this day against the same man, what would be his legal position? If he said these things does he hold the right to stand here?

Justice Jahangir Hossain: Mr. Razzaque you say that the prosecution made a political statement but we have not hear anything like that. We are sitting here for neutral judgment.

Chairman: We have watched everything which has happened in this Tribunal through the CCTV camera. We have asked the Chief Prosecutor to know about the matter and after his return he has just stated what the police in charge have said about that, but the defence team has openly addressed him as a 'Liar'. Now certainly it’d fall under the purview of section 11 (4) of the ICT Act- 1973. Today the former law minister, President of the Bangladesh Bar Council and other senior lawyers are present here at this Tribunal. We would like to ask them to have a look in all these incidents which are totally unexpected.

Khondokar Mahbub Hossain: Yes it is not expected which has happened here. But it is all of our expectation to watch a fair trial.

Zeyad Al Malum: Learned defence counsel has mentioned my statements as a political one- now let me read the Daily Inquilab about the Jamat and Shibir’s clash over the country.

The chairman then said that he would pass an order at 2pm.

[The tribunal then moved onto another matter dealing with Tajul Islam and the tribunal agreed, after hearing a submission of the lawyer Moudud Ahmed that the Islam should file his reply by 27 November]

The tribunal then moved on to the continuation of the closing argument by the defense, which is dealt with on another page

At 2pm, after the lunch adjournment, the tribunal passed an order relating to the first matter besought to the court by the prosecutor. Here is a summary of the order.
Today at the open of the Tribunal proceeding at 10.30 am Mr. Zead Al Malum the learned prosecutor placed paper cutting and online reports in this Tribunal regarding the facts which occurred yesterday in Tribunal premises and Tribunal Court room. Upon perusing the reports we saw the CCTV camera footage. By receiving the photos and we got our personal knowledge about the occurrence in court room which we saw.

It appears that yesterday the defence Mizanul Islam informed the Tribunal about one occurrence in the Tribunal gate and submitted that while he was coming to the Tribunal by his car he was stopped by police personal for security reason. The other persons in the car including other counsels were asked to go on foot. One Sukhoronjon Bali was present in his car. All people except Mizanul Islam came out of car. Mr. Mizanul Islam alleged that Sukhoronjon Bali was taken away by civil dress persons. Mizanul Islam submits that he was being brought as a defence witnesses in this Tribunal. Yesterday was fixed for summing up and not for defence witness. He sought intervention of the Tribunal so that Sukhoronjon Bali can be traced. On submission of Mr. Mizanul Islam this tribunal instantly asked the Chief Prosecutor and the chief coordinator of the Investigation Agency to look into the matter and contact with higher authority regarding the occurrences. Thereafter they were to report to the Tribunal. When Mr. Mizanul Islam submitted we found many persons in black court stood up. We also found Mr. Tajul Islam stood up every minute. Sometimes he was showing his back to the Tribunal. After that the Chief Prosecutor and Coordinator went out and the normal proceeding of the day started. When the proceeding was going on at about 12.45 pm they entered the Tribunal. Mr. Mijanul Islam and Mr. Tajul Islam then pressed the Tribunal to hear the matter now. But we asked the proceeding to continue. After the proceeding the Chief Prosecutor was called who said he talked with Ramna Police authority and other concerned persons who informed him that nothing happed as described by Mr. Mizanul Islam. At that time Mr. Tajul Islam was shouting and telling that just now he wants order from the Tribunal. The Tribunal opined that during recess hours they will get some information and after that they would pass necessary order. At that time all black coated lawyer stood up and shouting. We saw Mr. Mizanul Islam and Mr. Tajul Islam were shouting. We heard combination of shouting. We saw Mr. Tanvir Ahmed Al Amin. We also saw Mr. Monjur Ahmed Ansari but we could not identify his sound. Seeing this thing we immediately left. During the proceeding when the Chief Prosecutor was submitting we heard Mr. Mizanul Islam and Mr. Tajul Islam was shouting ‘liar’. We saw the pictures in CCTV cameras. After we left court room we heard shouting. One of the prosecutors asked why they are saying liar to the Chief Prosecutor. They replied him that he is a liar. The whole occurrence occurred yesterday has been noted first. Then in the news paper, online reporting, televisionreporting. Mr. Tajul Islam has uttered that they doubt the Tribunal’s involvement in kidnapping of Sukhoronjon Bali. This is straight allegation against the Tribunal without any basis which is high grade of contempt. Mr. Tajul Islam is already facing a show cause notice for which he appeared today. During pendency of that notice Mr. Tajul Islam again made similar or grievous type of contempt which we cannot ignore.

We have given our anxious thought over the matter. Stern action should be taken of contempt of court. We direct (1) Mr. Tajul Islam, (2) Mr. Mijanul Islam and (3) Mr. Tanvir Ahmed Al-Amin to show cause within 22.11.2012 as to why proceeding under section 11(4) of the ICTA 1973 shall not be brought against them and they should not be dealt with in accordance to law. Regarding other persons we caution them.

As Mr. Tajul Islam is to answer another show cause notice on contempt and has caused another contempt, stern action should be taken against him. Mr. Tajul Islam is barred to appear in this Tribunal till 22.11.2012 on the date of receiving reply. Let copies be served.

In the CCTV camera we have identified Mr. Masood Sayedee standing and coming and going back. We caution him. Others are also cautioned generally.
Mizanul Islam then said that they have not heard anything about Bali yet. 'You have closed the defence case. So he may be released now.'

Chariman: you may take legal step to find him.

Mizanul Islam: we wanted to file a general diary to record this incident. But the police station told us that they would not receive any general diary without permission of the Tribunal.

Chairman: you are an experienced lawyer. You know what legal steps can be taken.

The tribunal then continued with the prosecution closing argument.

No comments:

Post a Comment