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Lawyers refuse to defend Ershad as they feel insecure
Deposed President HM Ershad yesterday relieved all the lawyers defending him after they refused Io plead his
The defence lawyers In a letter submitted by Yousuf Hossain Humayun io the Special Judge Mohammad All Khan on behalf of Ershad stated: "I am informed by my lawyers that they are suffering from a sense of Insecurity after various news Items coming out In the dally newspapers on the unprofessional activities of some of the appointed lawyers and thus they are reluctant to act as my lawyers In the Interest of tlielr honour and professional dignity
Therefore, he prayed that the defence lawyers be relieved of their duties
He further said. "I hereby withdraw my Okalatnama (power) for all the appointed Advocates. 1 shall try to give a fresh list of lawyers after consulting my relatives So I pray for seven days time and for this act of kindness I shall ever pray "
Judge Mohammad All Khan than sought the opinion of Chief Defence Counsel Slrajul Haque. Slrajul Haque agreeing to the contents of Ershad s prayer said "We are apprehensive to some activities of some lawyers."
In an oblique reference to Advocate Jlnnat Alt who was taken Into custody last week for attempting to carrying letters from Erahad. secretly. Advocate Slrajul Haque said. "We are feeling Insecure. Our lives and honour are at stake. The reports being published In different newspapers about the unethical behaviour of some of the lawyers are touching our professional dignity and honour"
"In order to uphold our professional dignity and honour we have decided to withdraw from the case." he added.
Advocate Slrajul Haque and the same set of lawyers had earlier defended Ershad in the arms case but lost, earning the former President 10 years rigorous Imprisonment on June 12.
After hearing Ershad's petition Special Judge Mohammad All Khan allowed three days time and set July 30 for the next hearing.
Before the court resumed hearing at 10.30 am Saturday at former Jail Warden Barracks in front of the Central Jail. Advocate Haque had a meeting with Ershad tn the rest room of the court.
He returned to the courtroom saying. "We can t be responsible for his misdeeds. 1 shall not conduct the case anymore '
Defence Counsel Slrajul Haque was assisted by Barrister Kail Shahdat Hossain, Advocate Yousuf Hossain Humayun. Mosharraf Hossain Kazal. Barrister AR Mollah. Rezaul Karim, Moflzur Rahman Majumdar, Sharif Ahmed and* Sudhir Kumar Hazra.
They all withdraw from the case.
Prosecution Counsel Attorney General Amlnul Haque, who had said recently that he was under pressure to expedite the case said that he would allow the accused to negotiate with the lawyers and If the accused wished he could talk for one or two hours to Adv Sirajul Haque to come to an agreement over the question of conducting the case.
The Attorney General asked Ershad whether he had confidence in Sirajul Haque.
Ershad promptly replied he had all confidence in Sirajul Haque but he said it would take several days to negotiate everything with the defence lawyers.
Later Ershad and Sirajul Haque went to the rest room together to talk.
Sirajul Haque reportedly told Ershad to withdraw all other lawyers besides three namely himself. Yousuf Hossain Humayun and Mosharraf Hossain Kazal.
He also said that one of the defence lawyers is playing a mischievous role in conducting the case. He asked Ershad to withdraw that lawyer from the case also.
Earlier Ershad told the Attorney General that he had failed to convince Advocate Sirajul Haque and others to continue the case.
Advocate Haque said he is being questioned by police and men of the Special Branch. He also said that his family members are worried about his security after the arrest of Advocate Jinnat Alt, now in central jail.
Mosharraf Hossain Kazal junior to Advocate Sirajul Haque told the Daily Star that only three lawyers were conducting the case. And they did not know about the function of the other lawyers except their attending the court during the trial. He said that it would not be possible for them to continue the case In such a situation.
The court resumed yesterday with the cross-examination of Prosecution Witness. PWD Engineer Mukitur Rahman. Later the Prosecution also produced Major Mohammad Saiful Islam as a witness. Islam was a member of the Inventory Committee and represented the armed forces headquarters.
Major Islam, now posted in Bogra cantonment, deposing before the court said that Mrs Mostafizur Rahman known as Mary used to come to the Sena Bhavan between December 6 and 12 when he was posted there with the responsibility of providing Ershad's security.
He said that Mrs Mostaftz was surprised when she heard about the amount of the money (Tk 1.90,81,565) recovered from the Sena Bhavan.
Mrs Mostafiz was quoted by him to have said. "So much money has been recovered — this will totally damage our prestige."
She also sought the help of Major Islam to keep the matter secret from the press. But Major Islam said that he had nothing to do in this regard.
He however said that he reported the matter to Magistrate. Ismail member of the Inventory Committee.
Earlier during the cross-examination by Sirajul Haque prosecution witness Mukitur Rahman replied to a lot of questions.
Following are the excerpts :
Sirajul Haque (Defence Lawyer—DL) : Can we say that all expenditures of the Bangabhavan and the MES would be borne by the PWD ?
Mukitur Rahman (MR): Yes.
DL : Do you know that (showing a paper) this organogram of the Military Secretary mentioned the facilities provided to the wife of late President Zlaur Rahman. She was given the facility of having 11 staff Including a cook and bearers.
MR : I am not aware of it. (At this stage the Attorney General objected and said not to ask such irrelevant questions).
DL : You have mentioned about the law of remuneration. Do you know who gets what facilities under this law?
MR : The amount of the remuneration for prime minister. ministers and deputy ministers is written In the law.
He ‘ denied that the Committee had ever discussed anything concerning the case. He further said that the committee did not ask deposed president Ershad about the articles found in the Sena Bhavan as it was not mentioned tn the terms of reference of the Committee.
Another prosecution witness Abdul Motalleb Khan, record keeper in Dhaka Treasury briefly deposed in the Court.
He identified signatures relating to the receiving of money at the Treasury.
The prosecution led by the Attorney General consisted of Deputy Attorney Generals Hasan Arif, Amirul Kabir Chow dhury, Abdur Razzak Khan and Special PP. Farid Uddin ahmed