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After submitting 550 pages of Document on the Safe House, Barrister Razzak said - This case can not be continued anymore based upon the false investigation of the IO.
Wednesday, 13 June 2012
Barrister Abdur Razzak demanded the discharge of Mawlana Delawar Hossain Sayidee from the case of Crime against Humanity brought against him in the ICT. He argued yesterday at Tribunal 1 that this case can not be continued anymore upon utter lie. He submitted the file of 550 pages of Document on the Safe House, which clearly showed the involvements and activities of the Prosecution witnesses whereas they falsely collected an order from the Tribunal showing them absconded. It was told that, some of the 15 witnesses are severely ill, some of them are lost and some of them flee to India. But the fact is, all of them are staying in their home, giving interviews to the media and maintain close connection with the Safe House authorities. The fact is all of them were brought to Dhaka but as they refused to testify falsely in the Tribunal, so they were sent back again. Barrister Razzak argued that this case can not be continued anymore upon based upon the false investigation of the IO, who has also committed Contempt of Court by deceiving the Court. Prosecutor Haydar Aki claimed that those papers are not related with the Safe Hose, and then the Tribunal asked whether it was a Lillah Boarding (free kitchen) for the witnesses.    
The Tribunal 1 chaired by Justice Nizamul Haq sat for the proceeding of the Discharge Petition of Barrister Razzak on Monday from 10:00 am. Barrister Razzak conducted the hearing till 1:00 pm. After lunch Prosecutor Haydar Ali conducted the hearing, and the Tribunal was adjourned for order at 4:00 pm. But Defense Lawyers argued that interrogation of the IO can not be run without declaring the pending order. However, Tribunal chairman ordered to resume the interrogation of IO on Tuesday. Mawlana Delawar Hossain Sayidee was present at the dock all along.
Quoting the dates, times and places Barrister Razzak argued that some witnesses were taken to the Tribunal for four times and some of them also stayed their for even 47 days. Register Book also said the numbers and names of Police constables and Inspectors, who were on duty of the Safe House. Food log and Telephone bills also supplemented the argument.
Barristers Razzak said, their argument on 46 absconding witnesses were totally false. Tribunal gave the order satisfying upon the information of 15 witnesses, which is a lie. So, The IO took the order on his favor by deceiving the Court, he must be punished for the Contempt of Court. And finally, this case can not be continued anymore because it is based upon false evidences and information.
Tribunal said, if this is true, then we may take this petition or parts of it for consideration, but what is the relation of dismissing the case? Barrister Razzak said the ground is Fraud. As the reliability of this IO is not correct anymore, this case can not be continued anymore upon this investigation. The Court asked then what will happen to the rest 16 witnesses whose testimony have been taken already. Barrister Razzak said that matters only in CrPC, which is not applicable in this Tribunal. It’s your discretion and if you are satisfied about the deception of the IO to the Court, you can dismiss the case.
Prosecutor Haydar Ali said that, Prosecution does not have a Safe House. The witnesses were threatened and that is why they could not be presented before the Court.
Then Tribunal said that whatever you say, you brought those witnesses that is the fact; But the Prosecutors said, that’s not important, the important fact is they could not be presented before the Tribunal.
Barrister Razzak said, this case would be dismissed in 5 minutes in High Court Division by the proofs we’ve submitted, but we are hopeless here.
Tribunal again asked the Prosecution whether there is any Police working there, if their duty changes regularly? Prosecutors could not give proper answer.
Judge AKM Zahir Ahmed said, you said that Usha Rani Malakar was severely sick, but we are watching her talking in the video! Then the video footage from Diganta TV was shown.