Court Visit Experience

That Day

It was a day of hope from the very beginning that hope accelerated to the apex point when we were entering the court premises following your lead, I felt blessed following your footsteps.

I was very eager to enter into Court Room but as you preferred to wait outside and we did the same, then when you told us the reasons for this; I realize a social engineer should not forget his social duty, meanwhile you meet many of your learned friends, when you splendidly give advice to some of the senior lawyers my understanding and respect about advocacy rise up.

One of the advises (I was able to note)You gave advice on a case to withdraw a complaint of a CR case under section 248 to avoid double jeopardy, as the investigation led by police discover more persons related to the offence then submitted in the Complaint and therefore there name came to charge sheet. 

In the meantime you talked with some person to provide some information to your client and your art of strategy worked successfully, that make us understand the importance of strategy.

After that when the court started its session we entered into the Court Room though it was very crowded as expected we remain calm to evident the exclusive submission of you. While standing, the first thing that I felt most conflicting with the concept of judicial system is all the accused’s were behind the bar and bound to stand until the end of the session.

I was really excited and tried to hear the submissions of learned lawyers but it was too hard to understand form our position. Though I could not understand the proceedings but I surely earn some experience how Court and Lawyers could behave with each other. Sometimes the court was polite sometimes he became tempered.

How one person (Public Prosecutor) can deal with all other lawyers was a burning question to me though the concept was clear but reality made me think that way as he talked less than I expected.

So far when we were being monotonous you stand with other lawyers and called us to take stand behind you and that was one of the most excited moment of my life, it was like dream coming true.

As your learned friend start submitting his prayer I tried hard to catch up with him but failed, so far I could understand that was a Charge Hearing and he was opposing the Charge on some legal grounds.

Thereafter, when he referred you to present your part we became more conscious and attentive, as you were starting with your first sentence the prosecution interrupt with some innuendo statement in a friendly manner; that was accentually interesting to us.

Prior to you main submission when you request the honorable court to give a chance to sit for the accused; both the court and the prosecution agreed with you, made further point to do some arrangement to reduce such harassment of the accused; that was really fabulous effort of all.

I listened your submission carefully and noted important points as well, though it was very tough to note all impotent matters, as we all stacked together, I would like to express my understanding regarding the factual and legal matters that I understood and can remember so far.

The Submission

It was a day for charge hearing and you represented accused Mr. Tanvir Mahmood, MD Halmark Group. You started your submission referring section 241A of Code of Criminal Procedure, 1898 that you have submitted an application under mentioned section.

That section 241A says when an accused/s appears or brought before the Magistrate if the Magistrate considering the records and documents of the case and making examination, and after give the opportunity of being heard of the accused, considers the charge/s if thinks such charge/s are groundless, he shall discharge the accused/s and record his record doing so.

Therefore you disclose the charges brought by the prosecution and the concerned facts as well and also explain them why the charges are not correct.

Before going there I would like to draw the short fact of the charges as I conceived it. Mr. Tanvir Mahmood, MD Halmark Group, Using his power and impression create a fake company, therefore he by his power seduce the Sonali Bank (Authority) to give that fake company a large amount of money, then via a fake transaction send money to his Company (Halmark).

That the charges brought under section 108/109/406/409/420 under penal code, deals only with criminal breach of trust but the term of “Criminal Breach of Trust” is was not explained in any law as per your limited knowledge but you referred a case law that is 40 DLR 46  and in that case Criminal Breach of Trust is defined as “If a person buy a property then let the transferor keep the possession of the property for the time being upon trust and if he misuse that property that would be criminal breach of trust ”. As there was no such thing happened the charges doesn’t catch the section 406/409/420.

That you also submitted that, section 5 sub section 2 of Prevention of Corruption Act 1947, is only applicable on any public servant not on any private individual so Mr. Tanvir Mahmood cannot be charged under this section.

That you also draw the courts attention submitting that the charge not containing the relation of the accused with the said allegation in the FIR therefore you pray to the court to order those documents.

You also claimed that the charge sheet was falsely fabricated depending upon the FIR which you called as “mechanical process” referring the case law 50 DLR 103 and many concerned party were not included as the informant’s wish.

At the end you requested the learned court to order for documents that is necessary to understand the charge and pray more time.

Thought the judge was determined to finish the charge hearing in that day but you successfully convince the court to allow your prayer.

During the submission there were many interruption by the learned prosecution lawyer but the friendly argument among you was very humorous and enjoyable.

And your situation control technique especially when you took rest of few moments giving chance to another learned advocate was learnable to me.

It was a long day for us, we were like in a shallop in the vast ocean trying to understand the drop of water in the storm of a Knowledge, It was dream coming true day for us, we also witnessed the best submissions ever, I hope we’ll continue this journey to the end.

What I missed to understand

It was a favelas journey with you but I guess I fail to understand few matter due to lack of my knowledge.

  1. As you had the opportunity to discharge in the first place why did you ask for document to be submitted for further proceedings?
  2. I tried to read through 40 DLR 46 but could not find or understand the exact coat; How can I read Cases properly and understand it easily?

 

Sir, it was a great journey with you, thank you for your precious time, I wish you will guide us to the correct path with your blessings and knowledge.

That journey couldn’t be better without you.


The given article was prepared and send to Adv Ehsanul Haque Shomaji (Sir)

Rayhanul Islam

The author is an original thinker; often challenges the regular rule of conduct considering various perspective on the basis of scientific reasoning to ensure the peace and prosperity of the society. He works as freelancer advocate and promotes legal knowledge and human right concept to the root level. The author is also a tech enthusiast and web developer, he loves psychology as well.

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