DHAKA NEWS
Dhaka, Mar 18 The war crimes tribunal has ordered the prosecution to submit an application elaborating its future course of action regarding witness testimony against Jamaat-e-Islami leader Delwar Hossain Sayedee.
The tribunal ruled that it pass an order in response to that application after which the prosecution might proceed with the deposition of the investigation officer. The tribunal set Mar 20 for further order in this regard after submission of the application.
The prosecution had expressed its desire on Sunday to depose the investigation officer of the case but wanted to keep the option of bringing in further witnesses afterwards.
The International Crimes Tribunal, set up to deal with crimes against humanity during the 1971 Liberation War, was expected to hear testimony of 28th prosecution witness in the case against Jamaat executive council member Sayedee who has been indicted on 20 counts of war crimes.
However, since there were no witnesses other than the investigation officer, the hearing was adjourned till the next date.
ADJOURNED TILL MAR 20
As soon as the court came back from lunch recess, tribunal chairman, Justice Nizamul Huq asked prosecutor Syed Haider Ali what he intended to do with further witnesses in the Sayedee case.
The prosecutor, who has been handling Sayedee's case, said that he wanted to depose the investigation officer but wanted to keep the option of bringing further witnesses later on.
The tribunal did not consider the proposition fully acceptable and indicated that it had reservations about allowing further witnesses after deposition of the investigation officer.
Tribunal member Justice A T M Fazle Kabir also asked the prosecutor whether he was fully prepared with the all the paperwork that technicalities required when deposing the investigation officer especially regarding the seized documents and other evidences that had to be submitted and exhibited.
The prosecutor indicated that he had adequate preparations.
However, the defence raised an objection in this regard.
But Justice Huq assured them saying that the court would not allow anything that be prejudicial against the defence.
Counsellor Mizanul Islam, who generally leads cross-examination of the witnesses, said that once the defence cross-examined the investigation officer, its entire line of defence would be compromised. "So cross examination of the investigation officer would certainly be prejudicial against the defence."
He point out that there were 68 material witnesses according to the prosecution's documents. "Only 18 have been deposed so far, so it is not a matter of the odd one or two that may be deposed later."
The tribunal chairman then issued the order saying that the prosecution could choose to depose the investigation officer only after it had passed an order in response to the application detailing the prosecution's future course of action.
At this, Mizanul Islam wondered whether there would be a hearing of the application, to which the tribunal chief said, it would depend upon the court's consideration.
The defence counsel then submitted, "The matter is certainly up to the court, But it is my advanced submission that the court conducts a hearing of the application before passing the order."
The proceedings in Sayedee's case were thus adjourned till Mar 20 and the prosecution resumed reading the 110-page formal charge against Jamaat assistant secretary general Abdul Quader Molla.
FIRST CASE TO TRIAL
Sayedee's is the first case to proceed to the trial stage at the tribunal. The prosecution on Sept 4 proposed framing of charges against him on 31 counts for crimes against humanity and genocide.
On Oct 3, the tribunal indicted Sayedee on 20 counts including murder, rape, arson and loot.
The tribunal also sent Jamaat's former chief Ghulam Azam to jail on Jan 11. His indictment hearing began on Feb 15.
Besides Sayedee, Jamaat chief Matiur Rahman Nizami, secretary general Ali Ahsan Mohammad Mujaheed and assistant secretaries general Mohammad Kamaruzzaman and Abdul Quader Molla, and Bangladesh Nationalist Party's standing committee member and MP Salauddin Quader Chowdhury have been detained on war crimes charges.
The tribunal granted conditional bail to former BNP lawmaker and minister Abdul Alim on March 31 last year. The bail was extended till Mar 23 on Mar 15 when the prosecution submitted formal charges against the BNP leader
The tribunal ruled that it pass an order in response to that application after which the prosecution might proceed with the deposition of the investigation officer. The tribunal set Mar 20 for further order in this regard after submission of the application.
The prosecution had expressed its desire on Sunday to depose the investigation officer of the case but wanted to keep the option of bringing in further witnesses afterwards.
The International Crimes Tribunal, set up to deal with crimes against humanity during the 1971 Liberation War, was expected to hear testimony of 28th prosecution witness in the case against Jamaat executive council member Sayedee who has been indicted on 20 counts of war crimes.
However, since there were no witnesses other than the investigation officer, the hearing was adjourned till the next date.
ADJOURNED TILL MAR 20
As soon as the court came back from lunch recess, tribunal chairman, Justice Nizamul Huq asked prosecutor Syed Haider Ali what he intended to do with further witnesses in the Sayedee case.
The prosecutor, who has been handling Sayedee's case, said that he wanted to depose the investigation officer but wanted to keep the option of bringing further witnesses later on.
The tribunal did not consider the proposition fully acceptable and indicated that it had reservations about allowing further witnesses after deposition of the investigation officer.
Tribunal member Justice A T M Fazle Kabir also asked the prosecutor whether he was fully prepared with the all the paperwork that technicalities required when deposing the investigation officer especially regarding the seized documents and other evidences that had to be submitted and exhibited.
The prosecutor indicated that he had adequate preparations.
However, the defence raised an objection in this regard.
But Justice Huq assured them saying that the court would not allow anything that be prejudicial against the defence.
Counsellor Mizanul Islam, who generally leads cross-examination of the witnesses, said that once the defence cross-examined the investigation officer, its entire line of defence would be compromised. "So cross examination of the investigation officer would certainly be prejudicial against the defence."
He point out that there were 68 material witnesses according to the prosecution's documents. "Only 18 have been deposed so far, so it is not a matter of the odd one or two that may be deposed later."
The tribunal chairman then issued the order saying that the prosecution could choose to depose the investigation officer only after it had passed an order in response to the application detailing the prosecution's future course of action.
At this, Mizanul Islam wondered whether there would be a hearing of the application, to which the tribunal chief said, it would depend upon the court's consideration.
The defence counsel then submitted, "The matter is certainly up to the court, But it is my advanced submission that the court conducts a hearing of the application before passing the order."
The proceedings in Sayedee's case were thus adjourned till Mar 20 and the prosecution resumed reading the 110-page formal charge against Jamaat assistant secretary general Abdul Quader Molla.
FIRST CASE TO TRIAL
Sayedee's is the first case to proceed to the trial stage at the tribunal. The prosecution on Sept 4 proposed framing of charges against him on 31 counts for crimes against humanity and genocide.
On Oct 3, the tribunal indicted Sayedee on 20 counts including murder, rape, arson and loot.
The tribunal also sent Jamaat's former chief Ghulam Azam to jail on Jan 11. His indictment hearing began on Feb 15.
Besides Sayedee, Jamaat chief Matiur Rahman Nizami, secretary general Ali Ahsan Mohammad Mujaheed and assistant secretaries general Mohammad Kamaruzzaman and Abdul Quader Molla, and Bangladesh Nationalist Party's standing committee member and MP Salauddin Quader Chowdhury have been detained on war crimes charges.
The tribunal granted conditional bail to former BNP lawmaker and minister Abdul Alim on March 31 last year. The bail was extended till Mar 23 on Mar 15 when the prosecution submitted formal charges against the BNP leader
No comments:
Post a Comment