‘Mind your language’: Panna and Tajul exchange words in ICT-1 courtroom

The International Crimes Tribunal-1 today directed two deputy registrars to rush to the chamber of senior Supreme Court lawyer ZI Khan Panna -- earlier appointed by the court as defence counsel for Sheikh Hasina in an enforced disappearance case -- after he failed to appear at the hearing on charge framing.

The tribunal, visibly displeased, first halted proceedings and then ordered two deputy registrars to physically go to Panna's chamber and direct him to appear "immediately".

The hearing began with Chief Prosecutor Tajul Islam opening his submission on charge framing against 17 people, including Sheikh Hasina. However, Tribunal Chair Justice Md Golam Mortuza Mozumder abruptly stopped him, asking, "Has the defence lawyer withdrawn?"

Tribunal member Justice Md Shofiul Alam Mahmood asked, "Why is he not present today?"

Tajul informed the bench that Panna had written to the registrar expressing his withdrawal from the case. Justice Shofiul replied that such withdrawal required personal appearance: "He has to appear and explain."

The tribunal chair added, "Earlier, he was so interested, but now he is not. Just writing a letter to the registrar is not enough."

Tajul then noted that Panna had recently made "contemptuous" comments on social media.

The bench officer was asked to produce Panna's letter, which the chair read before remarking, "Does he not know the rules? He himself appeared and sought to be the defence lawyer for the No. 1 accused, and we accepted it."

Justice Mortuza ordered two deputy registrars to visit Panna's chamber and inform him, "The tribunal wants your presence right now."

Panna eventually arrived in a wheelchair. As he entered, Justice Mortuza reminded him, "You showed interest in defending Sheikh Hasina, and we appointed you."

"No," Panna replied. "The tribunal ordered orally, and I accepted orally."

Panna said he should have come in person to inform the court, but he was unwell.

The tribunal observed that the charge hearing was proceeding in his absence and would have to be re-heard once a new defence counsel was appointed. "You could have sent a representative," the chair said.

"I am unwell. I wanted to inform the court by appearing physically," Panna repeated.

Referring to a video the bench had received, Justice Shofiul said, "In the video, you were heard saying: 'My client, my leader does not accept this [tribunal's] judgement, then how could I go?' If your client has no faith, then why did you come? In the previous case against Sheikh Hasina, you came when the trial began."

Panna said he felt "sandwiched" between pressure from both his client and the opposing side. Smiling, the chair responded, "At this rate, you're going to have a heart attack from all the pressure."

Justice Mortuza continued, "We issued notices, but no one came. It's not written on anyone's forehead who is a good lawyer, so we appointed a senior one. Then you appeared midway and expressed interest, but by then we could not appoint you. We did not expect this kind of behaviour from you."

"I offer an unconditional apology," Panna replied.

The bench then pointed to lawyer Md Amir Hossain, present in the courtroom, saying they intended to appoint him as defence counsel and sought his consent. Amir, previously appointed as state defence counsel for Hasina and former home minister Asaduzzaman Khan Kamal in another crimes against humanity case, replied he would do as the tribunal directed.

The tribunal also asked other senior lawyers present whether they were interested.

At this point, Chief Prosecutor Tajul told the bench that Panna's comment -- "my client does not accept the trial" -- was contemptuous.

Justice Shofiul replied, "We have learned many things from you. We consider you an idol… You played an important role during the student-led July movement."

He then asked Panna, "Are we to assume you are in contact with her [Sheikh Hasina]? You cannot say, 'My client does not accept the tribunal, so I cannot appear.'"

Justice Mortuza again reminded him, "You know that once appointed, you cannot withdraw without the tribunal's permission. You may criticise a judge or a judgement, but you cannot defy the tribunal. The Constitution itself grants this tribunal an upper hand."

When Panna argued that his client insisted on the Constitution of 1972, the tribunal responded, "The Constitution is there. No other constitution was formulated in 1990 or at any other time."

As Tajul rose again to speak, Panna questioned why he was "jumping up." Tajul shot back, "Mind your language." The chair intervened, instructing Tajul to sit.

At one point, the tribunal chair remarked to Panna, "You are not in good health."

Tajul again referred to Panna's social media remarks. The chair responded, "We are overlooking what you have said, but do not make such comments in the future. People listen to the words of senior lawyers like you."