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Adding up New Charges and New Witnesses is not allowed in the Laws and Rules - Barrister Razzak
Friday, 08 June 2012
In the Hearing of the New addition of charges and witnesses in the case of Crime against Humanity against Ali Ahsan Muzahid, the Chief Lawyer of the Defense Team Barrister Razzak argued that such provisions are not found nowhere in the Laws and rules. The hearing was held on Tuesday at Tribunal 2.
Chairman of the Tribunal 2 Justice ATM Fazle Kabir along with the other judges Obayedul Karim and Shahinul Islam first ordered the prosecution to submit their three applications. After submitting the Application, Prosecutor Mokhlesur Rahman Badal pleaded for adding a new witness on the Charge sheet and also a new charge and seven new witnesses against Muzahid. Prosecutor Rana Das Gupta argued that, these applications can be accepted by the Inherent Power of the Tribunal as per the provisions of sections 9(4) and 46 of the ICT Act, 1973.
Judge Shahinul Islam asked the prosecutors to cite a similar provision like this in any law or rules in Bangladesh. They failed to cite, but then submitted a foreign precedent. Judge then told that, they could do that according to their Law, but we can not.
Barrister Razzak said that, none of the provisions of such Law and rules allows us to accept such plea. He quoted the Legal provisions and stated that nowhere in this act the Prosecution is given such advantage. After taking cognizance of the Formal charge, there is no provision for inserting a new one. If this plea is accepted, then they will bring more and more new charges in future, which will led us to denial of Justice. There is no scope for amendment after submitting the formal charge, so we have no option here. In the 250 years old legal history of Bangladesh, no Law gives us the scope for even changing the FIR.
Barrister Razzak further said, after 2 years a new charge is ‘found’ in West Bengal! It was discovered by a nIO who is not the Investigation Officer of Muzahid’s case. Even the three witnesses of the seven also live in West Bengal. So taking these new charges will amount to advanced trial of Muzahid and also a mode of Punishment. If Tribunal accepts the New charges, it will be a grave injustice.