Salahuddin Quader Chowdhury is the only person who as an accused several times made remarks attacking, disobeying and insulting the tribunal judges either in a satiric way or by being insolent in the court room.
Since the trial began last year, the tribunal judges many times felt embarrassed because of his behaviour. It also cautioned the BNP Standing Committee member and six-time MP from Chittagong several times for his disrespectful conducts towards the judges, prosecution witnesses and lawyers.
In its judgement given on Tuesday, the tribunal made six points of observation about the “unusual” behaviour of the lawmaker.
The tribunal said during trial of the case: “We have observed many things but we like to mention a few traits of the accused which appeared to us unusual and unbecoming. In the early stage of the trial, the accused wilfully used to violate decorum of the court room by shouting and thus by the order dated January 10, 2012 he was warned for his ‘unruly behaviour.’”
Despite being a lawmaker, the tribunal said, Salahuddin Quader’s art of deliberation, actions and conduct as shown in the court room were not “inconformity with rightness, decency and convention of good behaviour.”
The three-member tribunal panel also mentioned about the violation of decorum. “After closing of every day proceeding, while the judges leave the courtroom, all the people present in the court room use to stand to pay respect to the court as a practice. But the accused remained sitting on his chair; he seldom used to stand at the time of exit of the judges.” Salahuddin Quader from the dock protested the observation saying: “No,” and “Never.”
The tribunal also said during the long proceedings, the accused used to address the judges as “Chairman Shaheb” or “Member Shaheb” though he knew that the tribunal was been set up with judges of the Supreme Court.
After pronouncing these observations, the tribunal said everybody should keep in mind, especially the accused, as a lawmaker he should not forget the popular dictum “Be you ever so high, the law is higher than you.”
According to section 43B of the tribunal’s rules of procedure, at any stage of the proceedings of trial of a case, if the tribunal sees unruly behaviour of the accused which is not easy to control or manage, then the tribunal may, for its safety and dignity, dispense with the personal attendance of the accused, and direct him to appear by his counsel.
Salahuddin Quader was indicted on April 4 last year at the tribunal then led by Justice Md Nizamul Huq own 23 charges of crimes against humanity that include genocide, murder, rape, arson and robbery he had committed in Raozan and Rangunia of Chittagong.
After framing of the charges, Justice Huq asked Salahuddin Quader: “Mr Chowdhury, you have heard and understood the aforesaid charges?” Apparently irked and avoiding answering the question, the accused rather asked back: “What charges? I did not understand your charges.” The tribunal then said as the charges were read out in his presence, it would be presumed that he had heard them.
Salahuddin Quader was also seen commenting on the witnesses during depositions, arguments of the prosecutors and remarks made by the judges despite the tribunal’s repeated cautionary notices.
On May 15 last year, the tribunal said it would be the last warning as the accused interrupted the deposition of professor emeritus Anisuzzaman by shouting from the dock. The incident took place after the tribunal had disallowed a question of the defence lawyer saying that the witness already explained the matter.
The tribunal repeatedly asked him to stop as his counsel was pleading for him. Salahuddin Quader rather said: “I have right to cross examine the witness, and I will.” As he kept calling out, the tribunal ordered him to keep quite. In reaction to the order, Salahuddin Quader said: “Mr Nizamul Haque, please do not show me your red eyes. I request you with all respect and humility.”
Failing to calm him, the tribunal issued the order cautioning him for the last time.
Son of Convention Muslim League leader Fazlul Quader Chowdhury, Salahuddin Quader also dismissed his counsels several times during the trial procedure. On January 30, he again dismissed his lawyers Ahsanul Huq Hena and Fakhrul Islam. Fakhrul, however, was seen to move for him after a few days along with state-appointed defence counsel Salma Haider.
The accused, however, backed his lawyers when the prosecution termed the defence counsel’s attitude “professional misconduct.” On August 5, Ahsanul titled prosecutor Tureen Afroz as “kangaroo barrister” as she had achieved the degree from Australia.
As the defence counsel made several other remarks which were completely irrelevant, the tribunal observed that Ahsanul had nothing to argue and thus was killing time. The accused then said from the dock: “I know you will hang me. Before that, please allow me some privilege.”
On June 24, the detained lawmaker, 65, felt sick in the courtroom around 3:15pm while he was giving deposition standing in the witness box as the first defence witness. At one point, he was speaking holding the stand of the witness box. Noticing this, the tribunal immediately adjourned the proceedings and allowed him, in an unprecedented move, to sit on the defence lawyers’ place where his family members nursed him.
On completion of the trial, the tribunal on August 14 kept the case pending for verdict. When everybody was greeting each other in the court room, Salahuddin Quader stood up in the dock and said sportingly: “While everybody is greeting, then why not me? We all know our limitations. But the tribunal in the last two and a half years showed their patience. So I am grateful to them.”
