Chairman: It has been said previously that we will not allow this ground for the absence of the witness anymore for any of the sides. We have already instructed to make at least two witnesses ready at the same time for a particular day. Let us pass the order against the Daily Sangram about the publication of the report which contains a misleading heading about the prosecution witness Misbahur Rahman.
Tanvir Ahmed Alamin: Let Mr. Mizanul Islam come on Sunday, then pass the order My Lord.
Chairman: Where is he this day? What steps he has taken [in relation to Sangram], we are also ignorant about that. Okay let the representative of Daily Sangram- Mr. Shohidul Islam, and then we will think what to do. Whether the reporter of that report Shamsul Arefin is present today? We think he is not present today. The witness Misbahur Rahman Chowdhury was apprehending that if the defence accuses him with a misleading suggestion then some Newspaper might publish only the suggestion which would be defamatory.
Zeyad Al Malum: The Tribunal has already passed an order regarding the adjournment in case of the absence of witness. So there is no scope to adjourn today.
And after repeated warning of this honorable Tribunal some of the Newspapers are doing the same sorts of things, so it should be taken into greatest consideration My Lord.
Chairman: The hand of this Tribunal is only so long, the Tribunal will look after the matter. Okay call up the list.
The tribunal then moved onto the case of Golam Azam and the cross examination of the witness Ijabuddin Miah started, with Ahmed Ansari, defence Counsel, giving evidence.
Defence: Are all the siezed copies are the photocopies of the main newspaper and the main copies of the newspapers are not with you today at this Tribunal which are now at the custody of Bangla Academy Authority.Chairman: Okay call up the next witness.
Defence: How did Bangla Academy collect the Newspapers?
Witness: From the very beginning the Bangla Academy Authority has bought these Newspapers for their collection on the Library.
Defence: These are the copies of 1971 and 1972. Have you given any supporting documents to the IO in regard of these Newspapers?
Witness: He has not asked me any questions about this matter.
Defence: 18 seizure lists have been presented by you here which have been prepared at the Bangla Academy Office.
Defence: In case of the seizure list of the same date it has been prepared by maintaining a serial mark.
Defence: All the seizure lists have been typed in Bangla Academy.
Defence: All the lists have been prepared by maintaining the serial of scanning, printing at the Bangla Academy.
Defence: How much time have been taken to prepare the seizure list?
Witness: I don’t know.
Defence: See- you have told that- to serve the newspapers and the magazines on demand of the reader is the part of your service- but when the defence lawyers have gone to Bangla Academy, they have not got the chance to check the newspapers, they have been told that- there is a restriction from the Investigation Officer to show these newspapers.
Witness: Before the seizure of these newspapers, the representatives of the IO has gone to the Director General of the Bangla Academy and seized afterwards by maintaining and following proper rules and regulations. Now if anyone from the defence side goes and asks for these newspapers it would have not been possible for us to show these.
Defence: You have showed a biased attitude so that- you have not given any copies to the defence side to read or check.
Witness: Not true.
Defence: You don’t have any idea about the materials of these newspapers.
Chairman: This question will not go as he is only a seizure list witness.
Defence: Okay. You don’t have any idea about the contents of these 435 reports of these seizure lists.
Witness: If I would have given the scope to look at the newspapers then I could say.
Defence: Have you read all the 435 reports?
Defence: Okay the Cross Examination is complete.
Zeyad Al Malum (prosecutor): Another witness is not ready today, My Lord.
Chairman: Then should we seat inactive here for the whole day?
Presecutor: How could we get to know that- the cross examination would have been completed within this session?
Chairman: No, we are not happy by these sorts of excuses. We are not even giving any adjournment on the personal grounds of counsels, then is it fair to grant adjournment on the ground of the absence of the witnesses. This is the last time we are warning everyone to make the witnesses ready.
Chairman: If Mr. Shamsul Arefin or Shohidul Islam (of Sangram) present today.
Shohidul Islam: I’m here Sir.
Chairman: Where is your reporter Shamsul Arefin of that day’s report?
Shohidul Islam: He is not present today as he is very busy with taking care of his newly born daughter.
Chairman: Okay, let him be informed that he should be present before the Tribunal on Sunday. We will hear his grounds before thinking to pass any order.
Okay the Tribunal is adjourned till the next day.