Prosecutors rebuked for misconduct

The International Crimes Tribunal-1 yesterday rebuked the prosecutors for their misconduct during cross-examination of a witness in the war crimes case against Jamaat-e-Islami chief Motiur Rahman Nizami.
At one point of expressing discontent, tribunal member Justice Jahangir Hossain Selim said, “The prosecution are supposed to assist the tribunal. If you [the prosecution] cannot assist, please don't appear before the tribunal.”
The tribunal said this soon after the defence had drawn its attention to a comment passed by prosecutor Altab Uddin Ahmmed to conducting defence lawyer Mizanul Islam.
The Daily Star refrained from publishing the slang and the comment for the sake of its readers.
Conducting prosecutor of the case Mohammad Ali sought apology on behalf of the prosecution.
Angered by the prosecution's behaviour, Mizanul said, “The slang is unutterable. It seems [from their slang] I will have to change my father's name.”
Another member of the tribunal Justice Anwarul Haque asked the prosecution, “Could it be the language of a lawyer? It cannot be the language of a gentleman.”
The three-member tribunal also expressed resentment over defence counsel Tajul Islam's way of drawing the court's attention to the matter.
Tajul told the tribunal that they had heard the slang and comment passed by the prosecution.
“You always talk hurting the tribunal. How dare you are! How do you know we've heard it?” said Justice Selim, adding, “It seems as if we remained silent even after hearing it.”
Saying that the tribunal always took immediate steps whenever such matters came to their notice, Justice Selim said the court was occupied recording the cross-examination.
Tajul also sought apology later. “I could not control my temper after hearing it. I had no intention to hurt the tribunal,” he added.
After that the situation of the courtroom calmed down. The defence had completed cross-examining Jamal Uddin, 17th prosecution witness in the case before the proceeding was adjourned until today.
MOBARAK'S CASE
A prosecution witness who used to cook at a Razakar camp at Anandamoyee Kalibari Temple in Brahmanbaria yesterday told the tribunal that he had witnessed war crimes accused Mobarak Hossain torturing a Hindu youth.
Eighth prosecution witness Abdus Samad, 72, of Akhaura village of Brahmanbaria said the youth was bullet-hit and confined to the temple.
“His injury began putrefying and smelling foul. I offered him food, but he refused to eat,” said the septuagenarian witness.
“I did not see him after four or five days. After enquiry I learned that Razakar commander Mobarak and Kachu Mia had taken him to Kurulia canal and shot him there,” said Samad.
A few days later, Razakar commander Mobarak along with his group members had gone to Suhilpur Razakar camp where they killed another person, he added.
The witness also said Mobarak and other Razakars had destroyed all the idols of the temple.
The seventh prosecution witness of the case on August 20 said Mobarak had forced Ashu Ranjan Dev to drink urine after torturing him at the temple. Ashu was later shot dead on the bank of Kurulia canal.
Samad yesterday said Mobarak and others joined Razakar, an auxiliary force of the Pakistani occupation army during the Liberation War, in August 1971.
The defence cross-examined the witness after his deposition.
Mobarak had been the organising secretary of a union unit of Awami Leaguee in Akhaura of Brahmanbaria for 16 years. He was produced before the tribunal yesterday.
The proceeding of the case was adjourned until September 4.
ICT-2
The International Crimes Tribunal-2 yesterday rejected a petition of Jamaat leader AKM Yusuf seeking review of the charge framing order, as the petition was not filed in due time.
On August 1, the tribunal indicted Yusuf, historically known as the founder of the infamous Razakar force, on 13 charges including murders and genocide committed during the war.
As per the relevant law, any review petition must be filed within seven days of charge framing.
Defence lawyer Saifur Rahman said they could not file the petition within the stipulated time as they did not get the certified copy of the order by then.
The tribunal led by Justice Md Mozibur Rahman Miah and Justice Md Shahinur Islam summarily rejected the petition.