The litigants have been returning from the lower court for two weeks

More than two weeks after the fall of the government, the normal picture has not returned in the lower courts of Dhaka; “70 percent” lawyers of the state party are not coming to the hearing, as a result of which the trial proceedings of various cases are stalled.

As the lawyers of the state did not come, the lawyers of the defendants are leaving the courtroom by appearing or applying for time. Hearing of important cases is delayed. The litigants are coming back to the court.

A few corruption cases are being heard as two lawyers of the Anti-Corruption Commission (ACC) started coming to the court from Tuesday. Some prosecution lawyers for the ACC are seen in the courtroom.

But most of the cases are not hearing the charge sheet, taking evidence and arguments. The trial is not going on in the case of murder, arms, anti-terror law.

In the ongoing situation, pre-trial bail hearings are going on in two cases, in which police officers in charge of the court appear for the state or the prosecution.

In 2007, the Police Court Sub-Inspectors (CSI) gave up their duties after the High Court judgment on the independence of the judiciary (Masdar Hussain Roy). Again, they appear to be participating in the trial of the magistrate court.

Saiful Islam Mithu, Peshkar of Special Judge Court No. 9 of Dhaka, said on Wednesday, “Though 70% of PPs were absent in the court, ACC PP Iskandar King was present in our court yesterday and today. In these two days, the testimony of the corruption case was received. A case of fraud involving public works plots was witnessed on Wednesday. Several drug cases have been witnessed over the past few days. We have taken evidence even if the session is not PP.

An orthodox religious worker from Jaleshwar in Savar's Radio Colony said, “We had a case in the child court on August 11. Although we were supposed to testify in the case in Dhaka No. 9 Children's Court, we could not testify as PP did not come.

Mahbub Hasan Rana, the plaintiff's lawyer, said, “In the absence of PPs, not only big cases are not being tried, even small cases are not being tried. I don't know how long this chaos will last in the courthouse.”

Shah Alam Taludar, additional public prosecutor of the Metropolitan Sessions Judge Court of Dhaka, was seen in the court on Tuesday, but he said that he is not performing the state duty of any case. He said, “I came to see how the court is going. We have not received any instructions from the ministry yet.”

About the situation after the fall of the government, he said, “Those of us who were honest in our profession are not facing any problem. It is different for those who were dishonest.”

Regarding the absence of state lawyers in the court, pro-BNP lawyer Kalam Khan said, “All state lawyers are from the Awami League era. I don't understand when the new PP will be appointed. If it is not done soon, the case will get complicated.”

Anti-Terrorism Tribunal PP Golam Sarwar Zakir was seen in the court on Wednesday. He said, “Even if I come to the court, I am not sitting on the seat of PP in the assembly. I am informed that the appearance and bail hearing is going on, but the hearing of evidence and argument is not going on.”

ACC lawyer Ahmed Ali Salam, Mahmud Hossain Jahangir were seen in court on Monday, but ACC senior lawyer Mosharraf Hossain Kajol was not seen. Dhaka Metropolitan Sessions Judge Court Chief PP Abdullah Abu, Additional PP Tapas Kumar Pal were also not seen that day.

Dhaka District and Sessions Judge Court Chief PP Sheikh Hemayet Hossain, Additional PP Bimal Samaddar could not be seen in the courtroom or in the courtroom. On the other hand, Abu Abdullah Bhuya, special counsel for the state of Dhaka Speedy Trial Tribunal, and some other special counsels have been regularly seen in court. Several state lawyers of Dhaka's Women and Children Torture Prevention Tribunal were also seen in court.

Nazrul Islam Shamim, the special counsel for the state side of the Dhaka Cyber ​​Tribunal, has not been seen in the court since August 5.

Important cases are not being heard

Monday was the day to frame charges against the defendants in the North South University corruption case in Dhaka's No. 1 Special Judge Court. But since there was no ACC PP for the state side, the senior lawyer of the accused side, Borhan Uddin, was unable to hold the hearing.

On May 5, 2022, the ACC filed a case against Chairman Azimuddin and four other members of the Board of Trustees of North South University for embezzlement of about Tk 304 crore.

The CID had informed that it had obtained evidence against Regent Group Chairman Mohammad Shaheed for providing fake Covid report and embezzling Tk 11 crore 2 lakh 27 thousand through fraud. Later, a case was registered against him in Uttara West Police Station on charges of money laundering. Although the hearing was scheduled for Tuesday in the discussed case, it did not happen.

ACC lawyer Mahmud Hasan Jahangir said, “I was in the court at that time. But there was normal attendance. The hearing is not taking place.”

Criminal case lawyer Aminul Gani Tito said, “I cannot conduct any major hearing in any of my cases. The hearing is getting delayed due to the absence of the lawyer of the state party, various indecisions. A new public prosecutor should be appointed if necessary. Without that, the case will get tangled.”

Lawyer Shahinur Islam Ani said that no important case is being heard in the current situation. He said, “Can't do any important hearing. Because the state does not have a lawyer. Maybe next week or next week the matter will be fixed.”

Source: bdnews24.com

Bangladesh /OF