Sukhranjan Bali, one of the witnesses of Saydee, (Sayidee was given death sentence by the Tribunal. Appellate Division Update Dismissed the Tribunal’s death sentence decision and the he was given “Jail until death” at this moment he is waiting for the full text of the verdict. Sayidee was arrested because of his various despicable acts against war crime under International Criminal Law) apparently has been disappeared on 5 November 2012. The Jamaat lobbyists have spreaded rumours in various English blogs including Human Rights Watch that the witness has been abducted by the members of law enforcement team of 15. The prosecution already made it clear that they were not interested in this issue, which seems right to me too. All of the anti-tribunal allies are trying to take advantage from this issue and using this case as a part of their propaganda that tribunal actually suppressed the accused. As an observer, I have been trying to asses this impartial point of view and came with some conclusions. Let us know it the total matter. Firstly, find out what have the layers of accused Saydee said about Sukhranjan Bali:
On last Tuesday, at a press conference, one of Saydee’s layers Mizanul Islam said, “Sukhranjan Bali was coming with me in a car, on that time civil dressed members of law enforcement team abducted him in front of 15 members of police team.”
On the other side the state has issued the following statement, let us read carefully:
“In recent times the Defence Counsel are creating a confusing situation in the Tribunal by their unprofessional activities and have forgotten their professional responsibility because most of those appointed defence counsel are involved with the politics of Jamaat Islami. They are not hesitating to use the elected representative lawyers association in assisting their activities. In the recent time during the argument time of a certain case, in relation to a witness who is not the defence witness and whose family has lodged a G.D against the defence, on 5 November they made a so-called drama of kidnapping that witness in the gate of Tribunal and by this issue some Defence Counsel of Tribunal-1 have tried to create a confused situation in Tribunal, then Tribunal has taken proper steps against them according to the law in 6 November.
Dear journalist friends, When the defence witnesses were giving their statement and Prosecution were cross-examining them in the case of Delwar Hossain Saydee, most of the Defence Witnesses said that how, with whom and whose assistance, they have come to give testimony in the Tribunal. Prosecution team can say strongly that no Prosecution Witness told in their statement or in the time of cross-examination that they came with Prosecution or his car to give testimony in the Tribunal. All the people of the country have known by you that last 5 November Jamaat Islami and Islami Charta Shibir (ICS)have operated destructive activities, attacking upon police, hijacking the arms of police, burning and breaking the law and order by causing damage to human life and goods for dismissing the trial proceeding and releasing their leaders. That certain day was not fixed for that witness and it is created question in the mind of all about taking steps for bringing Sukhranjan Bali by the car of Defence Counsel Mizanul Islam in the Tribunal as Defence Witness. That Sukhranjan Bali was missing from his area in last four months and a G.D was lodged by his family about him being missing and Defence Counsel Mizanul Islam has cross-examined the Prosecution Witness about this G.D, then as a lawyer it was his responsibility to inform law enforcing body and present him in the Tribunal by the help of them when he got Sukhranjan Bali but he did not do that, so it is amazing, mysterious, unbelievable and for special purpose, for that their claiming of Kidnapping Sukhranjan Bali is not acceptable. It has been proved to every rational and sensible people of the country that unacceptable drama of Defence Counsel about kidnapping witness and destructive activities of Jamati Islami and Chatra Shibir in outside the Tribunal, are the part of trying to dismiss the Tribunal and releasing their leader unlawfully by postponing trial proceeding and Defence Counsels will not avoid the responsibility of those destructive activities. In this situation, we are calling all to perform professional responsibility more carefully for protecting the holiness of the Tribunal and to become more reliable in establishing Human Rights and Rule of Law.
Thanks by Advocate Golam Arif Tipu,
Chief Prosecutor International Crimes Tribunal Bangladesh.”
This event did not stop here; the defence has accused prosecution for the entire incident of Bali’s disappearance including taking part on it. There are some more points I would like to mention:
There have been about 15 witnesses already provided their evidence without any disturbance, no one has been missing or disappeared in the past. Where the total process has ended now, why Sukhranjan Bali came across all of sudden form nowhere and we were unaware about the kind of evidence he indentured to provide.
Now it has became come into sight that, Sukhranjan Bali’s name was not on 5 November’s witness list, and the tribunal also didn’t know anything about Sukhranjan Bali’s proposed witness, as all of the witnesses have already provided their evidence by 23 October. 5 November was the proposed day for final arguments for both sides.
Even if, we assumed that the defence has appealed or petitioned, on that case there will be hearings before petitions. On that case, if tribunal agreed that there were enough reasons to bring new witness, only then a new witness can come forward. There was no room for any witness to just walk in before tribunal accept the appeal. Isn’t it a bit suspicious?
This Sukhranjan Bali was mainly a witness of prosecution. At first, he provided his statement to the investigation team and he should come later as a witness against Saydee. Then suddenly he disappeared and no one knew where he was missing. Even his daughter Monika Rani Mandol very anxiously filed a General Dairy in a local police station (Indur Kani, also known as Zia Nagor) on 25 February 2012 (GD No: 713).
Need to point out that, he couldn’t attend the court because of his disappearance, so the tribunal has accepted his previous statement as his witness. Saydee’s layer Tajul Islam has accused the tribunal for failing to bring Sukhranjan Bali in court on a live talk show in London. However, now he has changed side and became a witness in favour of Saydee, despite there was a missing GD filed. Police should be informed first, if a missing person found alive, as no one know what happened to Sukhranjan Bali, as it was claimed. Rather he was appeared suddenly and on his away to the court straightaway as a witness of Saydee’s favour.
The defence was spreading propaganda and accusing the tribunal for not doing their job. It is now appear like, this was a part of a pre-planned act and they deliberately preventing tribunal to delay this affair.
On a separate occasion, Tajul Islam also managed one of the other witnesses (Ganesh) to provide his evidence secretly. He said, as the State has all kind of power, why they unable to bring witness? (Please see you tube link below)
It seems like Tajul Islam tried to indicate that, as the state has all the powers, so it could use it wrongly. This is a totally wrong and unprofessional outlook of him.
Taking this attitude into action, can’t we assume that as Jamaat has enormous fiscal power and educated cadre group, so they could have easily kidnapped Sukhranjan Bali, which was in line with his previous statement?
Accused Saydee’s wife also requested to the Prime Minister to handed Sukhranjan Bali to his family, and she accused Bali was disappeared because his name was is witness list. As the procedure ended on 23 October, and Saydee’s layers claiming this was a petition hearing on 5 November when the ‘kidnapping’ of Bali was happened. Isn’t it a bit suspicious that when the total process has completed, how come a long missing person all of sudden become appeared and was coming to the court along with Saydee’s layer?
Sukhranjan Bali’s writ petition was submitted by a person called Abul Kalam Azad, against many law enforcement officers. Where, only an agreed person from Bali’s family were eligible for writ petition, in this occasion, Abul Kalam Azad wasn’t eligible to do so. Again it’s a bit apprehensive.
Jamaat-Shibir was responsible for a violent rampage in the whole Bangladesh, on the same day when Sukhranjan Bali has been ‘kidnapped’ that was claimed by Saydee’s layers. The entire Bangladesh was a battlefield on that day, when they fought with police with bombs, and stones. From the above evidences, doesn’t it all seem like this is a part of Jamaat’s conspiracy? Did they wanted to create an unstable situation among the entire country and wanted to prompt an awkward situation for the government because of this ‘kidnapping’ incident, and finally capsized these judgement procedures? During all this time, Jamaat was extremely stalwartly, protesting against their accused leaders, and claiming their innocence despite there were very strong evidences against them. From the beginning, Saydee’s layers were always questioning about the fair trial and raising their concerns and now making an allegation of kidnapping of a witness, how logical these perspectives are, based on the previous discussion?
From the above observations, any sound person should grasp the fact that this whole Sukhranjan Bali incident is a part of Jamaat’s pre-planned act and by these they wanted to show the entire world that Bangladesh government and its judicial system is influenced and raised the question about its credibility.
We can say that this was the main part of the plan, and on top of this, suddenly journalist Bergman, Human Rights Watch and one of the Jamaat layers Toby Cadman pro-actively started criticizing and questioning the judgement process on theirs blogs and on facebook.
Now the vital question is, who carried off Sukhranjan Bali at the end, are they Saydee’s layers?