UNB, Dhaka :
The International Crimes Tribunal-1 on Sunday asked the defence counsel, including the state-appointed defence lawyer, to refrain from seeking adjournment for homework over the cross-examination of prosecution witness (PW) in a war crimes case, which disrupts the speedy trial, in the interest of justice.
The three-member tribunal, headed by Justice M Enayetur Rahim, made the observation while a state-appointed lawyer MA Hasan for detained accused Sirajul Huq known as Kashai Siraj prayed for adjournment after the PW-9 answered a question during cross-examinations.
Moving the adjournment plea, counsel Hasan said, “I need consultation with my client before I proceed.”
Interrupting the defence counsel, the tribunal said, “You’re a seasoned criminal lawyer. You must be aware of the set principles of instant cross-examinations practicing for long at the lower courts. Why do you seek adjournment? This is not fair.”
At this defence counsel Hasan remained mum. The tribunal, however, allowing the plea adjourned the trial for Monday.
Meanwhile, drawing the attention of the tribunal attention, Barrister Sarwar Hossain, the defence counsel for accused Akram Hossain Khan and Abdul Latif Talukder, said a political alliance has called for a daylong shutdown on Monday. “So, it would not be possible to attend the tribunal risking my life.”
Turning down his adjournment plea, the tribunal said, “It’s is not a rational ground for seeking adjournment due to hartal call. You need not be worried. There is an arrangement of police escort on call. You’ll have to face no problem.”
The tribunal further asked the prosecution to make sure of police escort for the defense lawyer on Monday on his way to the tribunal and back home during the hartal hours.
Earlier, PW-9 Haji Abdul Aziz of Sagarkathi village, Bagerhat, now 82, had testified against accused Siraj, Latif and Akram, now in custody, of killing 42 captured unarmed Hindus at Sankharikathi Bazar of Kachua in Bagerhat in 1971, corroborating the evidence of the other PWs over the factual matters.
Haji Abdul Aziz told the tribunal that on Kartik 18 of Bangla month in 1971 during the Liberation War, about 50-60 armed Razakars, including Sirajul Huq, Latif Talukder and Akram Hossain Khan, swooped on the Sankharikathi Bazar and captured 42 Hindus before carrying out the massacre.
“On the day,” the PW said, “I along with Hashem Jamader and Kalu Munshi had been in Sankharikathi Bazar and were captured by the Razakars for requesting them to set the captured Hindus free as they were innocent.”
“Later, Harun Didar, one of the Razakars, had helped us to leave the place,” said Aziz.
The PW said, “As we crossed the bamboo bridge near the bazar, we heard a sound of whistle followed by indiscriminate gunshots.
