Chowdhury July 2013 order on submission of additional documents

This is the order passed in relation to the trial of Salauddin  Quader Chowdhury on 21 July 2013. This post is linked to an article on the following page: 'Court not consider contents of submittedaffidavits supporting SQC’s alibi'

ICT-BD Case No 02 of 2011
The Chief Prosecution versus Salauddin Quader Chowdhury (Accused)
Order No 201
Dated 21.07.2013 

Accused Salauddin Quader Chowdhury has been produced before the tribunal by the prison authority. 

Today is fixed for further cross examination of DW3 

Mr AKM Fakrul Islam the learned counsel is present in the court room 

Mr Sultan Mahmud the learned prosecutor concluded cross examination of DW3 Qayum Reza Chowdhury 

An application on behalf of the defence has been filed praying for permission to submit addiational documents in support of the defence case, Teh defence side also filed another supplementary application for submitting additional documents as mentioned in the application. 

Mr AKM Fakrul Islam, the learned counsel for the defence submits that the defence could not file some documents at the time of initial stage on behalf of the defence in the Tribunal. The learned counsel further submits that the defence may kindly be permitted to submit the documents mentioned in the applications otherwise the defence will be prejudiced in the trial. 

Mr Zead-Al-Malum the learned prosecutor vehemently opposes the application for submitting additional documents on behalf of the defence on the ground that there is no provision in the Act of 1973 to file any additional document on behealf of the defence during trial stage and as such this application is liable to be rejected for want of provision of law. 

We have perused the application praying for submitting additional documents supported by supplementary application for the same purpose filed by the defense. It is an admitted fact that there is no provision to file additional documents on beahlf of the defence during trial. Despite of this fact, for the ends of justice, we are inclined to give permission to the defence to submit additional documents and accordingly, the defence is permitted to submit the additional documents as mentioned in the application and these documents be kept with the documents filed earlier by the defense. 

Mr AKM Fakrul Islam the learned counsel by filing an application submits that he could not prodcue DW4 today as his witness is not available and as such he prays for an adjournment to produce defence witnesses. Thus the adjournment prayer is also allowed as a last chance. 

Let the case be fixed on 23.07.2013 for examination of DW4. 

Fazle Kabir, Jahangir Hossain, Anwarul Haque