Mamun's wife brought to court to stand witness against him
Court does not take her deposition
Unb, Dhaka
Shahina Yasmeen, wife of businessman Giasuddin Al Mamun, was yesterday brought to the special court to stand witness against her husband detained in a graft case, but the court couldn't take her deposition for objection from the defence counsel. Mamun is facing trial for not submitting his wealth statement to the Anti-Corruption Commission (ACC) within the deadline given by the commission, which is an offence punishable by three years in jail or fine, or by both. Barrister AKM Fakhrul Islam, the counsel for the accused, submitted an application challenging the admissibility of Shahina as prosecution witness in the case. Raising the pertinent question, Fakhrul submitted that the court must look into the matter, in the context of legal interpretation for dispensation of justice, whether a wife or her husband can be "compelled" to give deposition against each other as prosecution witness. Terming the prosecution witness (PW) "inadmissible", he referred to the Section 122 of the Evidence Act in support of his contentions. Fakhrul told the court that since the husband and wife, in accordance with law, is a single entity, none can compel them to give deposition against each other as prosecution witness in a criminal case, excepting divorce, family dispute or any offence leading to injury. "So far my knowledge goes, PW Shahina, now on bail in a criminal case, has been compelled to give deposition against her husband," Fakhrul alleged, pointing his finger at the prosecution side. ACC Public Prosecutor AFM Golam Fattah denied the defence contentions. After hearing both sides, Judge M Ashraf Hosain adjourned the proceedings until today.
|
|
