
Dhaka, May 15 (UNB) – The International Crimes Tribuanal-1 on Tuesday issued a contempt rule upon Barrister Fakhrul Islam, the counsel for war crimes accused detained BNP MP Salauddin Quader Chowdhury, asking him to explain why punitive action would not be taken against him for flouting its order.
Justice M Nizamul Huq, chairman the three-member tribunal, issued the rule following a petition moved by the prosecution counsel.
Contemner-Fakhrul was asked to reply to the rule by May 27 appearing in person, failing which warrant will be issued for arrest.
As the tribunal resumed at 10-37 am, prosecutor Zead Al Malum moved a petition seeking the issuance of contempt of court rule against Barrister Fakhrul as he, after emerging from the tribunal, had made a press statement on Monday accusing PW-1 noted educationist Dr Anisuzzaman a ‘liar’, sending out a wrong message.
The prosecutor told the tribunal that Barrister Fakhrul by deliberately uttering such word ‘liar’ violated the rules and norms in the judicial process and humiliated in public the dignity and self-esteem of PW Dr Anisuzzaman.
Fakhrul did not even pay heed to the tribunal order passed earlier in this regard, which is tantamount to contempt of court under section 11(4) of the International Crimes (Tribunals) Act 1973, a punishable offence, the prosecutor argued.
Prosecutor Malum said if counsel Fakhrul is let off, the prosecutor will be prejudiced as it would be difficult to bring prosecution witnesses before the tribunal next time because they might not appear for being humiliated by the defence counsel for the accused. “Besides, the smooth functioning of the judicial process will also be threatened.”
Referring to the ICT rules, the prosecutor submitted that it is the responsibility of the tribunal to protect the prosecution witness and the victim for ends of justice.
Hearing the prosecution petition, the tribunal asked defence counsel Fakhrul whether he had uttered the word ‘liar’ pointing finger at the PW before the TV reporters, Fakhrul confessed to the allegation brought by the prosecution saying, “Whatever I had said in the tribunal on Monday, I repeated it before the press.”
The punishment under section 11 (4) of the ICT Act provides simple imprisonment which may extend to one year or with fine which may extend to Tk 5000, or with both for contempt of court.
Meanwhile, during the cross-examination for the second consecutive day, PW-1 Dr Anisuzzaman said after the historic speech on March 7 in 1971 delivered by Bangabandhu Sheikh Mujibur Rahman, people across the country preparing for liberation struggle.
“As part of the preparation, I heard, the inspired teachers at Chittagong University had tried to make Molotov cocktails in association with the Bangali officers of then East Pakistan Rifles (EPR) who took shelter on the university precinct after the March 25, 1971 Pakistan army cracked down in Dhaka,” he said.
Dr Anisuzzaman said he had also heard the information about the role of Qundeshwawari Oushadhalaya that supplied the bottles for making Molotov cocktails.
The cross-examination, which remained inconclusive, resumes on Wednesday.
Justice M Nizamul Huq, chairman the three-member tribunal, issued the rule following a petition moved by the prosecution counsel.
Contemner-Fakhrul was asked to reply to the rule by May 27 appearing in person, failing which warrant will be issued for arrest.
As the tribunal resumed at 10-37 am, prosecutor Zead Al Malum moved a petition seeking the issuance of contempt of court rule against Barrister Fakhrul as he, after emerging from the tribunal, had made a press statement on Monday accusing PW-1 noted educationist Dr Anisuzzaman a ‘liar’, sending out a wrong message.
The prosecutor told the tribunal that Barrister Fakhrul by deliberately uttering such word ‘liar’ violated the rules and norms in the judicial process and humiliated in public the dignity and self-esteem of PW Dr Anisuzzaman.
Fakhrul did not even pay heed to the tribunal order passed earlier in this regard, which is tantamount to contempt of court under section 11(4) of the International Crimes (Tribunals) Act 1973, a punishable offence, the prosecutor argued.
Prosecutor Malum said if counsel Fakhrul is let off, the prosecutor will be prejudiced as it would be difficult to bring prosecution witnesses before the tribunal next time because they might not appear for being humiliated by the defence counsel for the accused. “Besides, the smooth functioning of the judicial process will also be threatened.”
Referring to the ICT rules, the prosecutor submitted that it is the responsibility of the tribunal to protect the prosecution witness and the victim for ends of justice.
Hearing the prosecution petition, the tribunal asked defence counsel Fakhrul whether he had uttered the word ‘liar’ pointing finger at the PW before the TV reporters, Fakhrul confessed to the allegation brought by the prosecution saying, “Whatever I had said in the tribunal on Monday, I repeated it before the press.”
The punishment under section 11 (4) of the ICT Act provides simple imprisonment which may extend to one year or with fine which may extend to Tk 5000, or with both for contempt of court.
Meanwhile, during the cross-examination for the second consecutive day, PW-1 Dr Anisuzzaman said after the historic speech on March 7 in 1971 delivered by Bangabandhu Sheikh Mujibur Rahman, people across the country preparing for liberation struggle.
“As part of the preparation, I heard, the inspired teachers at Chittagong University had tried to make Molotov cocktails in association with the Bangali officers of then East Pakistan Rifles (EPR) who took shelter on the university precinct after the March 25, 1971 Pakistan army cracked down in Dhaka,” he said.
Dr Anisuzzaman said he had also heard the information about the role of Qundeshwawari Oushadhalaya that supplied the bottles for making Molotov cocktails.
The cross-examination, which remained inconclusive, resumes on Wednesday.
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