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Plea to attend parliament session turned down

Ershad barred from making statement to press

By Staff Correspondent
A petition for adjournment of the Tribunal in order to enable deposed President Ershad to attend parliament session beginning today (Friday) was rejected on Thursday.
Judge Mohammad HabibuUah also passed an order prohibiting Ershad's making any statements to the press during the recess or immediately after the adjournment of the Tribunal, set up to try Ershad on charges of illegally possessing arms.
The Judge also cautioned the press to be objective in reporting and not to misquote lh‘
Judge Mohammad HabibuUah also cautioned the Defence Lawyer Kazi Shahadat Hossain about his unbecoming behaviour in the court.
Submitting the petition for adjournment on behalf of the accused Defense Counsel Sirajul Haque said, "the prayer
for adjournment was not made as a matter of right of the accused. but because the court can always grant adjournment petition."
Attorney General Amlnul Haq strongly opposed the petl Hon.
He quoted Rule 172 of the Parliament Procedure and said that the accused who Is detained. has no right to enjoy such a privilege. He also said that he had conducted the case of Syed Moqbul Ahmed, who was an MP from Sylhet In 1986 and he also cited the case of Asif All Zardari of
Before the petition was made Ershad who was sitting in the dock also made a verbal approach to the Judge to allow him to attend parliament by ad)ournng the trial
On hearing both sides the learned Judge ruled out the petition saying that then was no such provision regarding giving permission to the ac fused to attend the parliament session. Moreover it would tm pede the hearing of the case
Judge Mohammad Habibullah also Imposed a restriction on Ershad s making any press statement during the hearing after prosecution wit ness Chief Metropolitan Magistrate Azizul Haque Bhuiyan objected to a com merit made by Ershad
Ershad had said that he knew the CMM and had given him the job In reply to a query of one of his lawyers on April 2 during the recess. The report was published In different dailies.
After completion of the cross examination prosecution witness Azizul Haque drew the attention of the Judge to the particular report
The CMM said that he passed the EPCS examination in 1969 and since then had been doing a government Job with honesty and dedication So the question of his being provide a Job by Ershad does not arise, he added
Ai this stage Judge Moltammad HabibuUah asked whether there was any Reporter of the concerned daily
The Reporter of the con ccrned dally then got up.
Judge Mohammad HabibuUah asked him not to misquote the court proceed Ings. Otherwise, he said he would be compelled to stop publication of the proceedings
Al this stage all the re porters stood up and defended the concerned reporter saying that all of them had heard Ershad made such a comment and reported it accordingly.
Judge Mohammad Habibullah then told the accused not to make any press statement. At this stage Ershad also withdrew his remark and begged pardon from the CMM asking him to forget the matter and forgive him.
"It will be the wisest that the accused not be allowed to make any statement." the learned Judge said after hearing the Reporters.
The Defense Lawyer Strajul Haque also said." I will advise my client not to make any comment in the court".
The warning against Defense Lawyer Kazi Shahadat Hossain came when his unbecoming behaviour Irritated the persons who were conducting Ilie I nuunal
At one stage he wanted to cross-examine the prosecution witness CMM Azizul Haque after the CMM had been cross-examined by Advocate Strajul Haque .
But the Attorney General quoting a rule told the Judge that more than one defense lawyer or prosecution lawyer should not be allowed to examine the witnesses.
However other lawyers can assist the conducting lawyer.
Judge Mohammad Habibullah gave permission to Kazi Shahadat, but Inspite of this he started quarreling with the Attorney General Aminul Haque.
Kazi Shahadat said that he was the conducting lawyer and that he had employed Advocate Strajul Haque — a senior lawyer to assist him.
The Attorney General got furious and asked Kazi Shahadat Hossain to say whatever he liked addressing the Judge.
At this stage the Judge got angry and said." We have come a long way in civilisation. Every one should behave properly." He then asked Shahadat I lossain to sit.
Howdver later the learned judge asked him to continue the cross- examination saying that he would take lawful action If any one violates normal procedure.
But after he asked some questions, the accused Ershad himself requested Kazi Shahadat Hossain not to proceed further with cross- examination. 1
Hearing of the case commenced at 10.25 am with the resumption of the cross examination of the prosecution witness the Chief Metropolitan Magistrate.
The court was adjourned last Tuesday to allow Ershad to take oath as an MP who* was elected in his home district Rangpur in the February 27 parliament elections.
The cross-examination continued on the inventory prepared by a committee headed by CMM Azizul Haque Bhuiyan.
The defense again adopted the strategy that the arms which were recovered from the Sena Bhavan were not Ershad's personal belongings . The defence lawyer tried to prove that the arms were kept by the deposed President's Military Secretary.
The inventory committee according to the CMM included a representative of the accused. Mustafizur Rahman who Is his (Ershad's) brother-In law
Replying to the defence lawyer the CMM said that four unlicensed arms were recov-
ered form the Sena Bhavan where Ershad used to five and tire other four from a trunk r turned by Mustaftzur Rahman on December 24
Following arc excerpts of the cross-examination :
Defense lawyer (DIJ : In the inventory list you have put a remark (personal) against all Items except arms. Why did you not put the same against arms?
CMM: As the inventory of arms was made subject to Inquiry we did not level the arms as personal
D L : As the remark column for arms tn the Inventory list was nil. we can perceive that the goods were not disposed of as per terms of the prepara tlon of the Inventory list.
CMM: We mentioned about the arms in the report pre sented by the committee
Judge You kept the re mark column nil to take deci sion later’?
CMM : We did not keep the column vacant because the arms were not personal, but to come to a decision later on about the arms.
D.L : The trunk that was brought by Mustaftz was said by him to be containing personal effects?
CMM : Yea .
D.L Who opened the tnink?
CMM : Mustaftzur Rahman himself opened the trunk.
D.L : Did you show the arms to the Military Secretary of Ersliad?
CMM : His representative was present.
D.L : Who carried the gift | items of the ex President when he travelled abroad ?
CMM Lt. Col. Atlqur ' Rahman
D.L : Has he certified that those are not gifts?
CMM : He aid not give any certificate.
D.L : Has ft been certified either at the meeting or
Attorney General : 1 have objection on such a query.
Judge There was no certificate that the Items were not gifts.
D.L : Did you assume that they were not gifts?
CMM : We assumed.
D.L : You said these are not gifts Just on assumption.
CMM : Not only on assumption. The assumption was backed by evidence.
D.L : Did you ascertain the price of the arms?
CMM : Price fixation was not in the terms of the inventory.
Judge : Price is immaterial.
DL : Because those were gifts there was no fixation of price.
D.L : Did you inform the exPresident?
CMM No. Hfs
representative was present.
D.L. : You could have easily inform the Ex-Presldi nt al the Gulslian Sub-Jail.
CMM : Home Ministry did not ask me to inform him.
D.L. Did you get any guidance or seek any guidance from the Home Ministry to I lodge a case?
CMM : There is no report of | guidance.
D.L : You asked for guidance But guidance did not come.
Judge Did the Hpme Ministry tell you anything asking not to go for a case and that it will take measures.
CMM Prior to the unofficial note on December 29. the Home Ministry Informed us that they are going to lodge a case.
D.L : Do you have a brother- । in-law ?
CMM : Yes.
D.L. : How many pairs of j shoes has he? Do you know? i
CMM : No.
D.L Have you i recommended any prosecution 'against Ershad?
CMM ; No I did not recommend any prosecution.
D.L : Did you try to read the Arabic writings on the arms?
CMM : I don't know.
Later the defense lawyer made a suggestion which was objected the by C.M.M. The suggestion was. "it was nol true that before December 6. the President of Bangladesh receive any gift from different heads of state and diplomatic dignitaries.
The C.M.M said that he did not comply with any suggestion like this.
Later the Attorney General showed a letter of autho risation by the ex-President H. M. Ershad to accept Mustaftzur Rahman his brother-in-law as his representative.
It may be mentioned that out of the recovered arms four were pistols and four were guns, which was stated as "three guns and five pistols One of the guns was almost । like a pistol. , , , , I
On the other hand two of i the recovered pistols were 1 made of gold.
Those were supposed to have been presented by Iraqi President Saddam Hussein as stated by a Defense lawyer to the CID Police in the court when the arms were prod uced as exhibits
But it was Inadvertently published that the source of information was the CID In our item published on April 3 under the caption. ’Golden pistols shown as exhibits” tn column 8 of page one