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‘He is Delwar Hossain Sayedee’ Tribunal Chairman broke the Oath: Lawyers of the accused party
Friday, 13 April 2012
Investigation officer Helal Uddin of the crimes against humanity produced the information and data before the tribunal which proved that  accused person is Delwar Hossain Sayedee not Delwar Hosain shikder  alias Deilla.
Investigation officer produced the Dakhil certificate of 1957 and Alim certificate of 1960 of Delwar Hossain Sayedee collected from Sarsina Darus Sunnah Alia Madrasah where  his name was written as Delwar Hossain Sayedee, Father’s name Moulana Yousuf Sayedee but the prosecution  mentioned in the charge sheet that his name was Delwar Hossain shikder alias Deilla and he changed his name after liberation war as Delwar Hossain Sayedee.
On the other hand, the defence lawyer advocate Tajul Islam  accused that a justice sitting in the bench as judge violated oath  saying “the accused will be kept in tribunal by binding”. Such kind of opinion by the justice is also equal to the contempt of court. All the above things have been said by Tajul Islam before the journalist yesterday in front of the Tribunal.
Besides these, the defence lawyers opposed the  production and exhibition of the information and data for the same cause committed during previous days also. Lawyers of Delwar Hossain Sayedee said it is general rule to provide these documents to us before framing Charge. But there are many documents have not been provided to us till now. Because of the resistance of the defence lawyers about half of hundred documents have been provided to the defence lawyers yesterday.
Taking of testimony of the investigation officer was commenced for fourth day yesterday. Half of hundred copies of the Bhorer Kagoj contianign the That Rajakar were produced before the tribunal. Investigation officer exhibited the 1971-1972’s copy of  the Ittefaq, the Daily Purbodesh, The daily Azad, The Daily Sangram etc as well. After the whole day taking testimony of the investigation officer, the tribunal adjourned the procedure of till today’s morning.
Three justices of the tribunal headed by Nizamul Haque Nasim gave such roder. Before the commencement of the taking testimony, Sayedee was brought before the court  and the defence lawyers were also present though they walked out last Tuesday. The investigation officer started to give the testimony before the tribunal in the today’s morning. “
Invetigation officer produced before the tribunal against Sayedee , The Daily Janakantha ,copy of 2/1/2001 to 31/1/2001 containing the headline “that Rajakars” ,29 copies, 1/2/2001 to 28/2/2001, 29 copies, containing ‘that Rajakars” and the copy of same year from  March,1  to March 31 containing headline that Rajakars series,  27 books, The bhorer Kagoj containing “akattornama”  (story of  activities of Rajakars) published on from 27/10/2007 to  10/1/2008, total 40 copies. On the other hand, other  37 copies of the daily Bhorer Kagoj of various days have been produced. 16 copies of The Daily Purbo Desh of 1970-1971 ,34 copies of the Daily Ittefaq, The Daily Azad, The Daily Sangram,The Daily Pakistan, The Daily don have been produced by the investigation officer. Investigation officer produced in his statement that I have collected the nomination and other documents submitted for election by Sayedee from the Election commission office of the Phirozpur-1  where his name is written Delwar Hossain Sayedee. But In Alim certificate abu Naim mohammad has been cut and Delwar Hossain Sayedee was replaced. In every certificate, his birth day is written February ,1 1940. During this time ,Advocate Tajul Islam said , “my lord the prosecutionwere saying for long days Delwar Hossain  shikder, now we see the name is Delwar Hossain Sayedee is his name not Shikkder. In response to this opposition the youngest justice A K.M Jaheer Ahmed said, yes, here  it has been clearly mentioned that Delwar Hossain Sayedee, Faahter’s name Moulana Yousuf Sayedee. Vill: Southkhali. .After that investigation officer informed, “in the Affidavit of the election sayedee mentioned his profession as writer” and added his amount of moveable and immoveable property of Sayedee with the affidavit. Investigation officer mentioned, ‘I have collected the documents of the register of the Sarsina Darus Sunnah Alia Madrasah of 1928-1955.
Before that prosecutor Haider Ali informed before the tribunal that they provided the 20 pages of 10 copies of the Daily Bhorer Kagoj to the defence lawyers. The documentary film of Shahriar Kabir was intedned to produce but the tribunal did not allow it to produce because it had no judicial value. Even many books were intended by the prosecution to be produced which was impossible to be produced because of the opposition of the defnce lawyers.
Lawyer of Moulana Delwar Hossain Sayedee advocate Mizanul Islam  said that the Dakhil certificate of 1957 from Sarsina Darus sunnah ali Marasah  and Alim Certificate of 1960 form BaruiPara Siddiquia Senior Madrasah whereas his name was written Delwar Hossain Sayedee, Father’s name Moulana Yousuf Ali. Though the prosecution in charge sheet and the person filing the case said that he is Delwar Hossain  shikder alia Deilla. After liberation war he has changed his name. But the investigation officer proved producing various documents that the accused person is not Delwar Hossain Shikder alias Deilla rather he is Delwar Hossain Sayedee.
Opinion of the lawyers about binding the accused:
Lawyer of defence, Advocate Tajul Islam said that the justice sitting in the chair of judge violated his oath saying that they will keep binded the accused in the tribunal. Such opinion of the justice is equal to the contempt of court as well. Advocate Tajul Islam said the above things before the journalist in front of the tribunal yesterday.
Advocate Tajul Islam said, such speech has been heard by us and it proved that the justice is regulated by emotion. Justice can never be done by emotion. The accused may be deprived of the justice. Tajul Islam said, by such statement he violated the constitution, He said, ”Sayedee was remanded to the jail because of his feeling ill and for which Advocates requested tribunal to send him to jail. By receiving this request tribunal sent him to jail. Then The advocates walked out from the court because of the circumstances created by producing documents before the tribunal without delivering it to the accused party which is not rule.Prosecutor Haider ali said before tribunal, “they managed to send the accused to jail during proceedings  and later on they walked out .All are interrelated”. .At this instance, Tribunal said ,” is it right? Remanding to jail will not be allowed during trial procedure and the accused will be bounded to stay here till 4.30 p in future”.
Advocate for the defence said, “some documents are also produced today without giving any copy to us and the photo copy has been provided during taking testimony whereas section 16 (2) said that necessary document shall be provided to Accused party. He mentioned, the documents used to charge frame against the accused have to be supplied to the accused before framing charge sheet but they tried to create obstacle in the way of justice not delivering the necessary documents. Tajul Islam said, “94 copies of the documents which have not provided to us have been exhibited in the testimony of the investigation officer”. After taking testimony of the investigation officer tribunal adjourned the taking testimony till morning of today,Thursday.
Advocate Mizanul Islam, inter alia, Advocate Tajul Islam, Advocate Monjor Ahemd ansari ,Advocate Farid Uddin Khan, Barrisster Tanvir al- amin, Barrsiter Munshi Ahas Kabir, Barrister Ehsan A Siddiqui etc were present in the tribunal in favor of Moulana Delwar Hossain Sayedee. Advocate Golam Arif Tipu, Syed Haider ali, Mukhlesur Rahman Baol, Rana Das Gupto, Sultan Mahmud etc were present in favor of state.