অতীত খুড়ি, খুঁজে ফিরি স্বজাতির গুলিবিদ্ধ করোটি

7. Prosecutors. (1) The Government may appoint one or more persons to conduct the prosecution before a Tribunal on such terms and conditions as may be determined by the Government; and every such person shall be deemed to be a Prosecutor for the purpose of this Act. (2) The Govenrment may designate one of each such persons as the Chief Prosecutor. 8. Investigation. (1)The Government may establish an Agency for the purpose of investigation into crimes specified in section 3; and any officer belonging to the Agency shall apply to such Prosecutor. (2) Any person appointed as a Prosecutor is competent to act as an Investigation Officer and the provisions relating to investigation shall apply to such Prosecutor. (3) Any Investigation Officer making an investigation under this Act may, by order in writing, require the attendance before himself of any person who appears to be acquainted with the circumstances of the case; and such person shall attend as so required. (4) Any Investigation Officer making an investigation under this Act may examine orally any person who appears to be acquainted with the facts and circumstances of the case. (5) Such person shall be bound to answer all questions put to him by an Investigation Officer and shall not be excused from answering any question on the groud that the answer to such question will criminate,or may tend directly or indirectly to criminate, such person; Provided that no such answer, which a person shall be compelled to give, shall subject him to any arrest or prosecution, or be proved against him in any criminal proceeding. (6) The Investigation Officer may reduce into writing any statement made to him in the course of examination under this section. (7) Any person who fails to appear before an Investigation Officer for the purpose of examination or refuses to answer the questions put to him by such Investigation Officer shall be punished with simple imprisonment which may extend to six months or with fine which may extend to taka two thousand, or both. (8) Any Magistrate of the first class may take cognizance of an offence punishable under sub section (7) upon a complaint in writing by an Investigation Officer. (9) Any investigation done into the crimes specified in section 3 shall be deemed to have been done under the provisions of this Act. 9. Commencement of the proceedings. (1) The proceedings before a Tribunal shall commence upon the submission by the Chief Prosecutor, or a Prosecutor, authorise by the Chief Prosecutor in this behalf, of formal charges of crimes alleged to have been committed by each of the accused person. (2) The Tribunal shall thereafter fix a date for the trial of such accused person. (3) the Chief Prosecutor shall, at least three weeks before the commencement of the trial, furnish to the Tribunal a list of witnesses intended to be produced along with the recorded statement of such witnesses for copies thereof and copies of documents which the prosecution intends to rely upon in support of such charges. (4) The submission of a list of witnesses and documents under sub-section (3) shall not preclude the prosecution from calling, with the permission of the Tribunal, additional witnesses or tendering any further evidence at any stage of the trial: Provided that notice shall be given to the defence of the additional witnesses intended to be called or additional evidence sought to be tendered by the prosecution. (5) A list of witnesses for the defence. If any, along with the documents or copies thereof, which the defence intends to rely upon, shall be furnished to the Tribunal and the prosecution at the time of the commencement of the trial. 10. Procedure of trial. (1) The following procedure shall be followed at a trial before a Tribunal, namelybr /> (a) the charge shall be read out; (b) the Tribunal shall ask each accused person whether he pleads guilty or not-guilty; (c) if the accused person pleads guilty the Tribunal shall record the plea, and may, in its discretion convict him thereon; (d) the prosecution shall make an opening statement; (e) the witnesses for the prosecution shall be examined, the defence may cross-examine such witnesses and the prosecution may re-examine them; (f) the witnesses for the defence, if any, shall be examined, the prosecution may cross-examine such witnesses and the defence may re-examine them; (g) the Tribunal may, in its discretion, permit the party which calls a witness to put any question to him which might be put in cross-examination by the adverse party; (h) the Tribunal may, in order to discover or obtain proof of relevant facts, ask any witness any question it pleases, in any form and at any time about any fact; and may order production of any document or thing or summon any witness, and neither the prosecution nor the defence shall be entitled either to make any objection to any such question or order or, without the leave of the Tribunal, to cross examine any witness upon any answer given in reply to any such question; (i) the prosecution shall first sum up its case, and thereafter the defence shall sum up its case: Provided that if any witness is examined by the defence, the prosecution shall have the right to sum up its case after the defence has done so; (j) the Tribunal shall deliver its judgement and promounce its verdict. (2) All proceedings before the Tribunal shall be in English. (3) Any accused person or witness who is unable to express himself in, or does not understand, English may be provided the assistance of an interpretor. (4) The proceedings of the Tribunal shall be in public: Provided that the Tribunal may, if it thinks fit, take proceedings in camera. (5) No oath shall be administered to any accussed person. 11. Powers of Tribunal. (1) A Tribunal shall have power- (a) to summon witnesses to the trial and to require their attendence and testimony and to put questions to them; (b) to administer oaths to witnesses; (c) to require the production of document and other evidentiary material; (d) to appoint persons for carrying out any time designated by the Tribunal. (2) For the purpose of enabling any accused person to explain any circumstances apprearing to the evidance against him, a Tribunal may, at any time of the trial withour previously warning the accused person, put such questions to him as the Tribunal considers necessary: Provided that the accused person shall not render himself liable to punishment by refusing to answer such questions or by giving false answers to them; but the Tribunal may draw such inference from such refusal or answers as it thinks just. (3) A Tribuanl shall- (a) confine the trial to an expeditious hearing of the issue raised by the charges; (b) take measures to prevent any action which may cause unreasonable delay and rule out irrelevent issues and statements. (4) A Tribunal may punish any person who obstructs or abuses its process or disobeys any of its orders or directions, or does anything which tends to prejudice the case of a party before it, or tends to bring it or any of its members to hatred or contempt, or does anything which constitutes contempt of the Tribunal, with simple imprisonment which may extend to one year, or with fine which may extend to Taka five thousand, or with both. (5) Any member of the Tribunal shall have power to direct, or issue a warrant for, the arrest of, and to commit custody, and to authorise the continued detention in custody of, any person charged with any crime specified in section 3. (6) The Chairman of a Tribunal may make such administrative arrangements as he considers necessary for the performance of the functions of the tribunal under this act. 12. Provision for defence counsel. Where an accused person is not represented by counsel the Tribunal may, at any stage of the case, direct that a counsel shall be engaged at the expense of the Government to defend the accused person or may also determine the fees to be paid to such counsel. 13. Restriction of adjournment. No trial before a Tribunal shall be adjourned for any purpose unless the Tribunal is of the opinion that the adjournment is in the interest of the justice. 14. Statement or confession of accused persons. (1) Any magistrate of the first class may record any statement or confession made to him by an accused at anytime in the course of investigation or at anytime before the commencement of the trial. (2) The Magistrate shall, before recording any such confession, explain to the accused person making it that he is not bound to make a confession and that if he does so it maybe used as evidence against him and no magistrate shall record any such confession unless upon questioning the accused making it, he has reason to belive that it was made voluntarily. 15. Pardon of an approver. (1) At any stage of the trial, a Tribunal may with a view to obtaining the evidence of any person supposed to have been directly or indirectly concerned in, or privy to any of the crimes specified in section 3, tender a pardon to such person on condition of his making a full and close disclosure of the whole and the true circumstances within his knowledge relative to the crime and for every other person concerned whether as principal or abottor, in the commission thereof. (2) Every person accepting the tender under this section shall be examined as a witness in the trial. (3) Such person shall be detained in custody until the termination of the trial. 16. Charge, etc. (1) Every charge against an accused person shall state- (a) the name and particulars of the accused person; (b) the crime of which the accused person is charged; (c) such particulars of the alleged crime as are reasonably sufficient to give the accused person notice of the matter with which he is charged. (2) A copy of the formal charge and the copy of the documents lodged with the formal charge shall be furnished to the accused person at a reasonable time before the trial; and in case of any difficulty in furnishing copies of the documents, reasonable opportunity for inspection shall be given to the accused person in such manner as the Tribunal may decide. 17.Right of the accused person during trial. (1) During trial of an accused person he shall have the right to give any explanation relevant to the charge made against him. (2) An accused person shall have the right to conduct his own defence before the Tribunal or to have the assistance of counsel. (3) An accused person shall have the right to present evidence at the Trial to support his defence, and to cross-examine any witness called by the proscecution. 18. No excuse from answering any question. A witness shall not be excused from answering any question put to him on the ground, that the answer to such question will criminate or may tend directly or indirectly will criminate such witness, or that it will expose or tend to expose such witness to a penalty or forfeiture of any kind. Provided that no such answer which a witness shall be compelled to give shall subject him to any arrest or prosecution or be proved against him in any criminal proceeding, except a prosecution for giving false evidence. 19. Rules of evidence. (1) A Tribunal not be bound by technical rules of evidence; and it shall adopt and apply to the greatest possible extent expeditious and non-technical procedure, and may admit any evidence, including reports and photographs published in newspapers, periodicals and magazines, films and taperecordings and other materials as may be tendered before it, which it deems to have probative value. (2) A Tribunal may receive in evidence any statement recorded by a Magistrate or an Investigation Officer being a statement made by any person who, at the time of the trial, is dead or whose attendance cannot be procured without an amount of delay or expense which the Tribunal considers unreasonable. (3) A Tribunal shall not require proof of facts of common knowledge but shall take judicial notice thereof. (4) A Tribunal shall take judicial notice of official governmental documents and reports of the United Nations and its subsidiary agencies or other International bodies including non-governmental organisation. 20. Judgement and Sentence (1) The Judgement of a Tribunal as to the guilt or the innocence of any accused person shall give the reasons on which it is based : Provided that each member of the Tribunal shall be competent to delive a judgement of his own. (2) Upon conviction of an accused person, the Tribunal shall award sentence of death or such other punishment proportionate to the gravity of the crime as appears to the Tribunal tobe just and proper. (3) The sentence awarded under this Act shall be carried out in accordance with the orders of the Government. 21. Right to appeal. A person convicted of any crime specified in section 3 and sentenced by a Tribunal shall have the right to appeal to the Appelate division of the Supreme Court of Bangladesh against such conviction and sentence : Provided that such appeal may be preferred within sixty days of date of order of conviction and sentence. 22. Rules of procedure. Subject to the provision of this Act, a Tribunal may regulate its own procedure. 23. Certain laws not to apply. The provisions of the Criminal Procedure Code 1898 (V of 1898) and the Evidence Act 1872 (I of 1872) shall not apply in any proceedings under this Act. 24. Bar of Jurisdiction. No order, Judgement or sentence of a Tribunal shall be called in question in any manner whatsoever in or before any Court or other Authority in any legal proceedings whatsoever except in the manner provided in section 21. 25. Indemnity. No suit, prosecution or other legal proceeding shall lie against the Government or any person or anything in good faith, done or purporting to have been done under the Act. 26. Provisions of the Act over-riding all other laws. The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force.