War crimes tribunal proceedings in a case against Jamaat-e-Islami leader ATM Azharul Islam had to be adjourned Wednesday after the senior defence counsel failed to appear, citing security fears over the 48-hour shutdown called by Jamaat e-Islami.
Earlier, the tribunal had cautioned the defence counsels several times about skipping the case proceedings during shutdowns, even fining one for such an abstention.
The prosecution alleges that the defence has always been trying to delay the case proceedings.
junior defence counsel Nazeeb Momen sought adjournment in the case for two days saying that their senior colleague Abdur Razzaq, also a Jamaat assistant secretary general, had not appeared at the tribunal due to “some personal reasons.”
The defence was supposed to place its argument on charge-framing against Azhar. On September 8, the defence had sought adjournment as Razzaq was not in the country and he will act for Azhar in the hearing.
Meanwhile, defence counsels Mizanul Islam and Tajul Islam on Wednesday did not appear at the tribunal in the case against Jamaat chief Motiur Rahman Nizami. The tribunal then adjourned until Sunday the cross-examination of prosecution witness Salma Huq in the case.
Mizanul had earlier been fined Tk1,000 for his repeated absence at the tribunal during hartal days.
After Jamaat Assistant Secretary General Abdul Quader Molla was given a death sentence by the Appellate Division on Tuesday, the party declared a 48-hour hartal protesting the judgement.
Since 2011, whenever Jamaat or its ally BNP has called a general strike, the defence counsels especially Razzak have remained absent and filed adjournment petitions through other defence lawyers, citing “personal grounds.” Both the tribunals noticed the matter and gave observations.
Opposition 18-party alliance component Jamaat has enforced a total of 34 days of hartal since January. It has called hartals for every subsequent verdict day and enforced those by mobilising party activists, who rampaged across the country injuring law enforcers, journalists and commoners, and damaging property.
Wednesday, the prosecution opposed the defence plea for adjournment, with prosecutor AKM Saiful telling the tribunal the defence had always done this on hartal days.
“When everybody including journalists and some defence counsels come to the tribunal, then why will the senior defence counsel not appear?” he said.
After hearing both sides, the International Crimes Tribunal 1 headed by Justice ATM Fazle Kabir set September 23 for the hearing.
Razzaq told the Dhaka tribune: “On the days of hartal, we never go to the court, not even the Supreme Court. It is a matter of security.”
He added that there was no timeframe to complete the case proceedings at the tribunal. “So why should we try to work in insecure situation?” he said.
Prosecutor Zead-Al-Malum told the Dhaka Tribune that the seniors had always been absent on hartal days. “This is merely a tactic to delay the proceedings.”
If the prosecution had been directed, they would make arrangements to have the defence counsels brought to the tribunal, he added.