The International Crimes Tribunal 1 expressed discontent as the senior defence counsels were absent citing personal grounds and security concern during the 60-hour hartal began on Sunday and said next time it would ensure protection to bring them to the tribunal.
Every time the opposition parties called a shutdown, the senior defence counsels, especially conducting lawyer Mizanul Islam, did not come to the tribunal and the juniors submitted adjournment petitions.
Two cases were on the cause list of the tribunal 1, headed by Justice ATM Fazle Kabir, on Sunday and the defence counsels in both cases submitted petitions seeking time.
On Sunday was set for the deposition of fourth and last witness in the case against Jamaat ameer Motiur Rahman Nizami. His son Nazibur Rahman aka Nazib Momen began his deposition on Thursday and the proceedings was adjourned.
The trial of Nizami’s war crimes charges is near end now. After the last defence witness’ deposition and cross-examination, the prosecution and the defence would place closing arguments – the final stage of a trial.
Defence counsel Asaduddin on Sunday said their senior counsels could not come to the tribunal because of some personal reasons and security problems and sought adjournment for three days.
The tribunal then asked the defence why they did not filed the petition the previous day since they had known about the hartal. The junior counsel replied that they did not know much about the personal difficulties.
The tribunal then said: “We do not have many cases now to conduct. If you all plead for adjournment, we have nothing to do the whole day except enjoying the hartal day.”
On the other hand, prosecutor Mohammad Ali opposed the adjournment plea.
The tribunal then fixed on Monday for the deposition of witness and said: “If the prosecution has no objection, then we will bring the senior counsels in future by giving them protection.”
The juniors then said they needed to talk to the seniors to make any decision on the matter.
The tribunal then told the prosecution to inform it if the defence needed protection, and told the junior defence counsels that they were responsible for bringing the witnesses. “We will take every step to ensure security both the defence and the prosecutors.”
Senior defence counsel Mizanul stays at Purana Paltan and the witness is at Banani.
In the other case involving war crimes suspect and former Awami League leader Mobarak Hossain, the defence counsels came up with a three-day adjournment petition since their senior counsel Ahsanul Haq was unable to fly to Dhaka from Chittagong for hartal.
On Sunday was set for cross-examination of the investigation officer. The tribunal first insisted that the juniors conduct the questioning.
But the defence said they were not ready.
The tribunal then fixed October 30 for further proceedings in the case.
