ZI Khan Panna apologised after being summoned to the tribunal

ZI Khan Panna was summoned to the International Crimes Tribunal to explain why he stepped back after initially agreeing to represent Sheikh Hasina in a case concerning enforced disappearances.

Appearing before the court, he apologised. During the hearing, the senior lawyer also faced a reprimand from the tribunal’s chief prosecutor while attempting to speak.

These events took place today, Wednesday, during the charge-framing hearing in a crimes against humanity case filed over allegations of enforced disappearances carried out by the Taskforce for Interrogation Cell (TFI Cell) during the Awami League government’s tenure.

The hearing was held at International Crimes Tribunal-1, presided over by Justice Md Golam Mortuza Mojumdar, with Justice Md Shafiul Alam Mahmood and Judge Md Mohitul Haque Enam Chowdhury as the other two members.

This case has been filed against the ousted Prime Minister Sheikh Hasina, several army officers, and a total of 17 accused. On 23 November, the tribunal appointed ZI Khan Panna as state-appointed counsel for the absconding accused Sheikh Hasina. The lawyer had initially expressed interest in representing the Awami League president. However, he later sent a letter to the registrar’s office of the tribunal, stating that he no longer wished to remain as a state-appointed lawyer.

Today, on the day scheduled for the charge-framing hearing, ZI Khan Panna was absent. Seeing this, the tribunal remarked that he had once been willing to serve as state-appointed counsel for Sheikh Hasina, so why was he no longer interested now? This was unacceptable, the tribunal said, and he must appear before them to explain.

At that point, Chief Prosecutor Tajul Islam, who was present in court, said that ZI Khan Panna’s client, Sheikh Hasina, does not show respect toward the tribunal. For that reason, he too is not interested. This amounts to contempt of court, he added.

The tribunal then said, “Call ZI Khan Panna right now and tell him to come, or send someone to fetch him.” The tribunal further instructed that the deputy registrar be sent to ZI Khan Panna’s chamber to tell him to appear.

A short while later, ZI Khan Panna arrived at the tribunal in a wheelchair. The tribunal asked about his physical condition. In response, he said he was not well. Because of his poor health, he did not want to represent Sheikh Hasina.

Explaining further reasons for stepping aside, the lawyer said that ever since he became the state-appointed lawyer for Sheikh Hasina, her supporters had been attacking him. He was also facing attacks from the prosecution. “In this situation, I have become a ‘sandwich,’” he said.

The tribunal then said in a tone of dissatisfaction, “The accused will not appear, you will not appear, and whoever is appointed will also be discussed like this.”

At this stage, ZI Khan Panna apologised. The tribunal then appointed Md Amir Hossain as the state-appointed lawyer for Sheikh Hasina in place of ZI Khan Panna in the two enforced disappearance cases.

Amir Hossain had earlier served as the state-appointed lawyer for Sheikh Hasina in the July killings case. In that crimes against humanity case, the tribunal sentenced Sheikh Hasina to death.

Meanwhile, during the hearing, Chief Prosecutor Tajul Islam questioned ZI Khan Panna’s conduct, saying that his refusal to represent the case because his client does not respect the tribunal amounts to contempt of court. He also noted that Panna wishes to represent BNP leader Fazlur Rahman in this tribunal, indicating that he treats the tribunal lightly.

The tribunal then said that ZI Khan Panna cannot claim that he will not appear because his “client” (Sheikh Hasina) does not agree. Do you consider your client (Sheikh Hasina) more important than the tribunal?

The tribunal further stated that if ZI Khan Panna is unwell, that will be taken into consideration. Judges and verdicts can be criticised, but one cannot expect to ignore the court or the law. The constitution has given the International Crimes Tribunal the “upper hand.”

At this point, ZI Khan Panna attempted to speak. Chief Prosecutor Tajul Islam then interrupted him, saying, “Mind your language.” You cannot say whatever you like.

ZI Khan Panna replied that he had not said whatever he wanted.

The tribunal then instructed that he must speak according to the law. Things said on a political stage may be permissible, but as a lawyer, he cannot say them in court.