Prosecution application for use of additional evidence in case of Nizami
In Motiur Rahman Nizami's case, Prosecutor Mir Ikbal Hossain stated that they would like to add some more information. Mizanul Islam has stated that the Prosecution has no authority to undertake further investigation, so the Prosecution should not be allowed to produce some other information. Then Justice Anwarul Haque has stated, ‘Mr. Defence Counsel are you stating that without any further investigation there is no scope of adding the additional evidence? And you are also stating that, at the stage of the Trial there is no scope for the further investigation.’
Mizanul Islam stated that after submitting the Investigation Report there is no scope of adding additional information. And the scope of additional witness might come after the production of the present witnesses. The ICT Act clearly states about how to submit the Investigation Report. After the investigation if it is found that there is no prima facie case then the Chief Prosecutor may close the case after the review or might direct for further investigation. But there is no scope under the Rule- 2(9) of the ICT Rules of Procedures to initiate anything after the investigation. And there are so many judgments of the High Court Division about the additional witnesses and the additional statements.
Then Ikbal Hossain has said that even in the International Criminal Court there is a system of the submission of further witness during the Trial. We have submitted this prayer on 27th September, 2012 but somehow it has been delayed. Then Chairman asked Mizanul Islam that if he is interested to give any reply. Mizanul Islam said Yes. Then Chairman has stated that- okay come with the reply on the day after tomorrow. The Order will be passed on Thursday.