ACC prosecutor not allowed to quiz witness

A Dhaka court yesterday refused to allow advocate Mosharraf Hossain Kajol to cross-examine a prosecution witness in connection with a case filed against Moazzem Hossain, former officer-in-charge of Feni’s Sonagazi Police Station.

Advocate Kajol, who is a public prosecutor of Anti-Corruption Commission, wanted to cross-examine witness Atiar Howlader Sajal in the case filed against Moazzem for recording and circulating footage of Feni madrasa student Nusrat Jahan Rafi.

But Dhaka Cyber Tribunal Judge Ash Sams Joglul Hossain did not allow Kajol to do so as he [Kajol] has no power to defend the accused Moazzem Hossain in the case.

During yesterday’s hearing, Moazzem’s lawyer Faruk Ahmed cross-examined Sajal.

At one stage, Faruk told the court that Kajol, his senior, would complete rest of the cross-examination.

The judge then asked advocate Kajol whether he had his name in the “Vakalatnama” [getting power from the client to defend him or her in court]. Kajol said he appeared before the court as a senior lawyer and he would take part in cross-examination if the court gives him permission.

The judge said there was no scope for him to do so if he did not sign the document, and read out some provisions concerned. The court also rejected a petition filed by Faruk, seeking time for cross examination.

Public Prosecutor Mohammad Nazrul Islam Shamim told The Daily Star that the court did not allow advocate Kajol to cross-examine as a defence lawyer, because his name was not in the Vakalatnama.

Six out of 16 people have given statements in connection with the case so far.

Nusrat, a student of Sonagazi Islamia Senior Fazil Madrasa, was set ablaze on April 6 allegedly for refusing to withdraw a case filed against the madrasa principal for sexually harassing her. After fighting for life for five days, she died at Dhaka Medical College Hospital on April 10. The same day, Moazzem was withdrawn from his post, as Nusrat’s family alleged that they were not getting his cooperation.