Tempers flared across the first war crimes tribunal of Bangladesh as the case against BNP MP Salauddin Quader Chowdhury commenced with the examination of the first prosecution witness.
The court went into lunch recess after the BNP policymaker indicted for 23 charges of crimes against humanity during the 1971 Liberation War managed to irritate International Crimes Tribunal-1 chairman, Justice Mohammad Nizamul Huq, with his repetitive interventions during the cross-examination. Justice Huq adjourned the proceedings of the case until Tuesday morning in an order which cautioned Salauddin Quader for the 'last time'.
The 75-year old Dhaka University Professor Emeritus Dr Anisuzzaman had earlier told the court about the description of Nutan Chandra Singha's murder at the hands of Pakistani soldiers and Salauddin Quader himself. According to the description, Pakistani soldiers had come to speak to Nutan Chandra, founder of Kundeshwari Girls School and Kundeshwari Oushadhalaya, and were about to leave when at the signal of Salauddin Quader, they returned and dragged him out and shot him.
Anisuzzaman recounted what others had told him and said that the witnesses had said Salauddin Quader went up to the dying Nutan Chandra and shot him to death. At one point of cross-examination, the defence asked Dr Anisuzzaman, appearing as the first prosecution witness, why he, along with his family, had migrated to what was then East Pakistan from India in 1947.
The tribunal told defence counsel Fakhrul Islam that he could not ask that the question. But the six-time MP from Chittagong stood up to demand why the question could not be asked. Fakhrul Islam then asked whether the professor and his family had come to East Pakistan as refugees. The professor said the people who came to Pakistan could perhaps be commonly termed as refugees. "But we never claimed any benefits or privileges as refugees." The defence counsel then asked when Anisuzzaman had become a citizen of Pakistan to which the tribunal chairman said there are laws that explain the matter and indicated that the question need not be asked.
The BNP leader in the dock was not satisfied with the decision and stood up to make a point. He said, "I have remained quiet until now. But I have a right to cross-examine the witness, and I will" Justice Huq said, "Not while your counsels are present." The chairman tried to explain that the counsels were conducting the cross-examination and the accused should not interfere. However, Salauddin Quader refused to keep quiet.
As the voices of both the accused and the tribunal chairman rose while words went back and forth, Justice Huq loudly said, "Mr Chowdhury!" "Mr Nizamul Huq!" replied Chowdhury in his booming voice, and continued quickly reverting to a more respectful address, "Sir, please do not show me your red eye. I request you with all respect and humility." Salauddin Quader kept repeating to the tribunal chief suggesting that the judge should not try to intimidate him. Failing to calm down the accused, Justice Huq finally decided to issue an order.
He noted in the order that the court had intervened several times to calm down both the prosecution and the defence during the cross-examination. "But the accused frequently stood up to speak in the tribunal." The order went on to note that the accused, meaning Salauddin Quader, had his own counsel and thus would not be allowed to talk in the court.
Justice Huq also stated in his order that his court had previously cautioned the accused over similar behaviour. "We caution the accused for last time." The war crimes trial against Salauddin Quader will continue in his absence if he, however, did not give up this tendency, the order said. The tribunal recently amended its rules and included a new provision allowing it to conduct a trial in the absence of an accused if that person proved to be uncontrollably unruly.
Salauddin Quader in ICT
The prosecution submitted formal charges against Salauddin Quader on Nov 14, 2011 and the tribunal took them into cognisance three days later. A former prime ministerial adviser on parliamentary affairs when BNP chief Khaleda Zia was in office, the Chittagong MP was shown arrested for war crimes charges on Dec 20, 2010, five days after his arrest.
The investigating agency submitted a 119-page report with around 8,000-page data to the chief prosecutor on Oct 3 in a bid to prove allegations of war crimes during the 1971 Liberation War. The BNP leader was indicted on Apr 4 on 23 charges of war crimes. Besides Jamaat-e-Islami executive council member Delwar Hossain Sayedee whose case is the most advanced and Salauddin Quader, 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.
The tribunal also sent Jamaat-e-Islami's former chief Ghulam Azam to jail on Jan 11 and indicted him on five different charges on May 13. The second tribunal, set up on Mar 22, 2012, has given Abdul Alim, former BNP MP Abdul Alim and member of Ziaur Rahman's cabinet, an indefinite while his trial proceeds.
The court went into lunch recess after the BNP policymaker indicted for 23 charges of crimes against humanity during the 1971 Liberation War managed to irritate International Crimes Tribunal-1 chairman, Justice Mohammad Nizamul Huq, with his repetitive interventions during the cross-examination. Justice Huq adjourned the proceedings of the case until Tuesday morning in an order which cautioned Salauddin Quader for the 'last time'.
The 75-year old Dhaka University Professor Emeritus Dr Anisuzzaman had earlier told the court about the description of Nutan Chandra Singha's murder at the hands of Pakistani soldiers and Salauddin Quader himself. According to the description, Pakistani soldiers had come to speak to Nutan Chandra, founder of Kundeshwari Girls School and Kundeshwari Oushadhalaya, and were about to leave when at the signal of Salauddin Quader, they returned and dragged him out and shot him.
Anisuzzaman recounted what others had told him and said that the witnesses had said Salauddin Quader went up to the dying Nutan Chandra and shot him to death. At one point of cross-examination, the defence asked Dr Anisuzzaman, appearing as the first prosecution witness, why he, along with his family, had migrated to what was then East Pakistan from India in 1947.
The tribunal told defence counsel Fakhrul Islam that he could not ask that the question. But the six-time MP from Chittagong stood up to demand why the question could not be asked. Fakhrul Islam then asked whether the professor and his family had come to East Pakistan as refugees. The professor said the people who came to Pakistan could perhaps be commonly termed as refugees. "But we never claimed any benefits or privileges as refugees." The defence counsel then asked when Anisuzzaman had become a citizen of Pakistan to which the tribunal chairman said there are laws that explain the matter and indicated that the question need not be asked.
The BNP leader in the dock was not satisfied with the decision and stood up to make a point. He said, "I have remained quiet until now. But I have a right to cross-examine the witness, and I will" Justice Huq said, "Not while your counsels are present." The chairman tried to explain that the counsels were conducting the cross-examination and the accused should not interfere. However, Salauddin Quader refused to keep quiet.
As the voices of both the accused and the tribunal chairman rose while words went back and forth, Justice Huq loudly said, "Mr Chowdhury!" "Mr Nizamul Huq!" replied Chowdhury in his booming voice, and continued quickly reverting to a more respectful address, "Sir, please do not show me your red eye. I request you with all respect and humility." Salauddin Quader kept repeating to the tribunal chief suggesting that the judge should not try to intimidate him. Failing to calm down the accused, Justice Huq finally decided to issue an order.
He noted in the order that the court had intervened several times to calm down both the prosecution and the defence during the cross-examination. "But the accused frequently stood up to speak in the tribunal." The order went on to note that the accused, meaning Salauddin Quader, had his own counsel and thus would not be allowed to talk in the court.
Justice Huq also stated in his order that his court had previously cautioned the accused over similar behaviour. "We caution the accused for last time." The war crimes trial against Salauddin Quader will continue in his absence if he, however, did not give up this tendency, the order said. The tribunal recently amended its rules and included a new provision allowing it to conduct a trial in the absence of an accused if that person proved to be uncontrollably unruly.
Salauddin Quader in ICT
The prosecution submitted formal charges against Salauddin Quader on Nov 14, 2011 and the tribunal took them into cognisance three days later. A former prime ministerial adviser on parliamentary affairs when BNP chief Khaleda Zia was in office, the Chittagong MP was shown arrested for war crimes charges on Dec 20, 2010, five days after his arrest.
The investigating agency submitted a 119-page report with around 8,000-page data to the chief prosecutor on Oct 3 in a bid to prove allegations of war crimes during the 1971 Liberation War. The BNP leader was indicted on Apr 4 on 23 charges of war crimes. Besides Jamaat-e-Islami executive council member Delwar Hossain Sayedee whose case is the most advanced and Salauddin Quader, 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.
The tribunal also sent Jamaat-e-Islami's former chief Ghulam Azam to jail on Jan 11 and indicted him on five different charges on May 13. The second tribunal, set up on Mar 22, 2012, has given Abdul Alim, former BNP MP Abdul Alim and member of Ziaur Rahman's cabinet, an indefinite while his trial proceeds.
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