BANGLADESH

The war crimes tribunal on Monday 'reluctantly' adjourned proceedings of a case against Jamaat-e-Islami leader Delwar Hossain Sayedee until Tuesday as defence counsels were not present due to general strike enforced by the BNP.

The three-judge International Crimes Tribunal-1, set up on Mar 25, 2010 to deal with crimes against humanity during the 1971 Liberation War, had adjourned the trial until 1:30pm, but the defence counsels did not turn up even after the lunch recess.

Jamaat's executive council member Sayedee was indicted on Oct 3, 2011 on 20 counts of war crimes including murder, rape, arson and loot.

An assistant of senior defence counsel Miznul Islam, Hasanul Manna Sohag told the tribunal that there was no way he could get the lawyer on a rickshaw or an auto-rickshaw, due to his physical disability.

The well endowed defence counsel moves around in a wheel chair and occasionally on crutches. With the leave of the court, Mizanul Islam conducts the cases and argues sitting down.

The tribunal chairman, Justice Mohammad Nizamul Huq told the junior counsels that he would like to reiterate what he had said in the morning and proceed with the case.

Justice Huq assured the defence that the proceedings would be adjourned at the slightest hint of prejudice.

Shohag then pointed out that the defence actually did have a very strong chance of suffering prejudice since the investigation officer would exhibit statements of certain witnesses, who could not be produced in court, as evidence.

Sayedee stood up to address the court. He said he had never so much as even addressed the court in any of the sessions in all the time that his trial started.

He then submitted to the court that the proceedings be adjourned. "Of course, it is up to the court."

Justice Huq then reiterated what he had said in the morning. "We will keep in mind that your counsels are not here and adjourn the proceedings at any hint of prejudice. The matter will remain open for the defence counsels to argue the next day.

Sayedee said, "I have never asked for an adjournment personally. I do have the fullest confidence in the court and am absolutely respectful of the tribunal. But I humbly request the court to adjourn the proceedings for one day.

The tribunal chief said, "But I had wanted to do at least some work today."

Sayedee reiterated his prayer, "Please do take it up tomorrow."

Justice Nizamul Huq then asked his bench officer to take down the order.

Prosecutor Syed Haider Ali, handling Sayedee's case, also told the court that he could not be present during the first half due to the general strike. "However, the defence might have agreed to proceed entrusting the tribunal with its confidence."

The order noted that even one of the tribunal members could not be present due to a general strike called by the opposition parties. As a result, the defence counsels could not come to the court.

The order said that the accused was present in the court and although he had full respect for the court, it was for his full satisfaction that the accused had personally requested an adjournment of the proceedings due to the absence of his counsels.

"Considering the situation we reluctantly allow the proceedings to be adjourned," said Justice Huq giving the order. He ordered that the case would be up for hearing on Tuesday.

Besides the Sayedee case, the tribunal is also scheduled to give an order in reply to BNP MP Salauddin Quader Chowdhury's review of his discharge petition which the court had rejected before. Senior counsel for the top Jamaat leadership, Abdur Razzaq is also expected to argue Jamaat chief Matiur Rahman Nizami and the party secretary general Ali Ahsan Mohammad Mujaheed's case on Tuesday too.

Earlier in the day, with tribunal member Judge A K M Zaheer Ahmed absent, the two other judges of the tribunal decided to adjourn the pending deposition of investigation officer Mohammad Helal Uddin until lunch upon a plea from a junior member of Sayedee's defence team.

Tribunal chairman Justice Huq allowed Muhammad Tarikul Islam to address the court although he was not appropriately dressed.

Dressed in striped dark trousers and a pink shirt, Tarikul Islam had come to the court premises to file an adjournment petition on behalf of Abdul Alim, a former BNP MP and member in Ziaur Rahman's cabinet, also detained for war crimes charges.

But he decided to appear before the court to bring to the tribunal's attention to an untoward incident that had taken place. It turned out that the judge was well aware of what had gone on.

When the counsel stood up to address the tribunal and said he had not intended to appear before the court, Justice Huq said, "And you are not properly dressed. I should ask you to leave the courtroom then."

However, defence counsel was allowed to continue. Tarikul Islam brought to the court's attention that police officers downstairs guarding Sayedee had been rather 'abusive'.

Generally sympathetic to such causes, Justice Huq told the counsel that it was the defence that invited it.

He said, "Despite my instruction why did you try to speak to the accused?"

Tarikul Islam could only get in a word or two in between what Justice Huq said.

"You had insisted to speak to the accused although the permission was not granted. I can see what is going on inside the premises on the CCTV cameras from my chamber. And you had disturbed the policemen."

Tarikul Islam insisted that he was merely trying to calm things down between the policemen and Sayedee's son who had engaged into a heated altercation.

"But the policemen said they would throw me out of the premises and that we could not even look at the accused to talk to him."

Justice Huq stuck to his point. "They were right this time at least. You are a lawyer and as an officer of the court why would you want to engage in such petty matters with the law enforcers? You must maintain the dignity of a counsel."

The tribunal chief said he thought all the parties behaved in a dignified manner and that he was rather proud of that.

"I do not understand why you must go and deal with the police. If there is a problem, inform the registrar's office or come before the court and tell us about it."

Tarikul Islam said he thought that the policemen were too rude and stepped out of line.

Justice Huq: That was something he said perhaps at the heat of the moment. They certainly don't mean what they said.

"And since you are here, let me also tell you that as a lawyer you must never come to the court without being appropriately dressed. You shouldn't even walk the corridors of the court if you are not properly dressed. And you must have your gown if you are appearing before the court.

The defence counsel said, "Yes, my lord."

The tribunal chairman then asked Saidur Rahman, one of the prosecutors assisting Syed Haider Ali, who is conducting Sayedee's case, whether he was ready and the prosecutor said that he was.

The investigation officer was about to begin his deposition for the ninth and presumably last day, when Sayedee stood up to address the court.

He said, "I have no understanding of law. You see that I sit in the dock reading the Quran during the proceedings and my counsels handle the entire matter. However, today none of them are present."

Justice Huq: "We are fully sympathetic. But rest assured that considering your counsels are not present, the tribunal shall act as your counsel. But at least one of the counsels should have been present."

The tribunal chairman then asked two of junior counsels of the defence team to come forward and note if the deposition was being recorded properly.

One of them, Abu Bakar Siddique, stood up and prayed for an adjournment saying that they were not competent enough and begged the court's permission to allow some time so that at least one of the senior counsels could be notified and brought to the court by 2pm.

Siddique pointed out that the senior defence counsel Mizanul Islam could not come to the court without a car, which was not really possible since there were 'no cars' on the streets because of the main opposition's countrywide daylong general strike. The Jamaat happens to be a key ally of the main opposition BNP.

When Justice Nizamul Huq asked the prosecution if they had anything to say, prosecutor Mukhlesur Rahman Badal said he did not have any objection to the plea. "I believe that this much (prayer for an hour's adjournment) could be considered."

Prosecutor Zead-Al-Malum, however, objected to the prayer.

But Justice Huq said that the defence could rightly feel prejudiced if the proceedings went ahead without any of their lawyers present in the court. He then adjourned the proceedings until 1:30pm.


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.

The tribunal also sent Jamaat's former chief Ghulam Azam to jail on Jan 11. His indictment hearing began on Feb 15 and the court is scheduled to give Azam's indictment order on May 2.

Jamaat chief Matiur Rahman Nizami, secretary general Ali Ahsan Mohammad Mujaheed and assistant secretaries general Mohammad Kamaruzzaman and Abdul Quader Molla have been detained on war crimes charges.

BNP MP and standing committee member, Salauddin Quader Chowdhury, also behind bars, has been indicted for 23 charges on Apr 4. The prosecution has been ordered to begin with its opening statement on Apr 29.

The tribunal granted conditional bail to former BNP lawmaker and minister Abdul Alim on Mar 31 last year. The bail was extended further, until Apr 24 when the next hearing of Alim's case is scheduled. Alim has been ordered to be present in the court on that day. However, that case has been transferred to the second tribunal set up on Mar 23 this year.