Oral arguments by prosecution seeking Charge framing

Here is a summary of some of the main points made by the prosecution, on the basis of the written formal charge that can be seen here.

Argument made by Tajul Islam, Chief Prosecutor

The two accused are Sajeeb Wazed Joy and Zunaed Ahmed Palak. I will present the charges against them from page number 29 of the formal charge sheet. I am reading from the last two lines of the last paragraph.

Sheikh Hasina’s son and Information Adviser Sajeeb Wazed Joy, being complicit in blocking of upstream bandwidth, facilitated the suppression of the movement using the maximum force against the student-public after identifying them as well as using lethal weapons against them. He disseminated false information regarding the internet shutdown.

Under the instructions and with the full knowledge of Sajeeb Wazed Joy, the killings were orchestrated starting from the late night of 14/07/2024—meaning on the date of 15/07/2024—when they shut down mobile internet through the BTRC.

By shutting down internet services, they forced students to speak over mobile phones [meaning, voice calls], thereby aiding in identifying them and conducting ‘block raids’.

The law enforcement agency, cadres of Awami League, Juba League (Youth-wing of Awami League), Chhatra League (Student-wing of Awami League) attacked the students at Dhaka University premises due to their incitement.

Zunaed Ahmed Palak shut down the internet on verbal orders. He did not withdraw the provocative Facebook posts, nor did they give instructions to do so. As a result, many, including Abu Sayed, died, and many were injured.

Directives would come from Sajeeb Wazed Joy, who consulted with his mother, and Palak would implement them. Sajeeb Wazed Joy told Palak: when [his] mother says ‘signal open,’ then [turn it] on; and when she says ‘off,’ then [turn it] off. Here, the de-facto instruction-giver was Sajeeb Wazed Joy.

On 23/07/2024, a conversation takes place between Zunaed Ahmed Palak and Salman F Rahman.

Excerpts:

[Speaker 1]: Russell claims that it is possible. How is it possible? Only he knows.

[Speaker 2]: We have identified eight apps that will remain blocked.

[Speaker 1]: But didn’t you talk about 70% possibility?

[Speaker 2]: That is within our capacity.

[Speaker 1]: We can do it, but we cannot call it full-proof.

[Speaker 2]: The PM should be informed about the extent of mishaps/incidents that might occur.

[Speaker 1]: I am ready now; I will go to Mohakhali and speak to the press.

*Chief Prosecutor notes: Here, the conspiracy is clear.

[Speaker 1]: Will the search engine Google remain blocked?”

[Speaker 2]: Search engines, Google, and email must remain on; otherwise, they [businesses/officials] won’t be able to work.

[Speaker 1]: We will keep saying ‘we are trying’.

*Chief Prosecutor notes: From the outside, they will keep saying “we are trying,” but on the inside, the internet will remain shut.

[Speaker 2]:  The soldiers/cadres want Facebook. [But] Facebook won’t come back.

Salman F Rahman in a later conversation says, “They can no longer be called protesters. They are now terrorists. So, change the narrative.”

*Chief Prosecutor notes: (Quoting) “So, change the narrative.” By saying “changing the narrative”, they are calling the protesters terrorists, so that it becomes easier to kill them.

Furthermore, there was an Ex-Post Facto approval (retrospective approval) granted for shutting down the internet service. They shut it down first, and then gave the approval for it.

A meeting was held in the presence of a few IIGs (International Internet Gateways), chaired by Zunaed Ahmed Palak. Keeping Facebook, YouTube, and TikTok blocked, the internet was restored in a limited capacity.

On Page 169, the forwarding of the Director General of Administration and the Telecommunication Regulatory Commission is mentioned. There was a directive to shut down 3G and 4G internet. 3G and 4G networks were shut down at Dhaka University and several other universities.

[A video is being shown on the screen.]

Video Content:
In the video, Palak is saying: “We did not shut down the internet; the internet got shut down. On the 23rd, as soon as we could fix it, we turned the internet back on…”

Chief Prosecutor: They said that the submarine cables had burned down. But secretly [internally] they had shut down the internet themselves.

Defence (Advocate Liton Ahmed) in favour of Zunaed Ahmed Palak:

We filed two applications for Zunaid Ahmed Palak; Your Lordships passed an order for privileged communication. However, the jail authority did not allow us access to the laptop and pen drive. And this is more of a technical case.

Tribunal: What is the problem?

Defense: The video on the pen drive is not playing.

Tribunal: Why didn’t you check it properly beforehand? And when you saw it wasn’t playing, why didn’t you contact the prosecution? There was negligence on your part here. Now you have come to waste the Court’s time?

Defense: I do not intend to waste time at all, My Lord.

Tribunal: Where is the application?

Defense: I have made the prayer in paragraph 7.

Chief Prosecutor: There is an issue regarding jail security here. These things have never been allowed before.

Tribunal: Let us allow it. There is a matter of understanding [the facts] point by point by showing the evidence here.

Chief Prosecutor: Let the defence make the privileged communication here in the tribunal. The application is intended to cause delay to the trial.

Defense: Our prosecution also took one to one and a half years (referring to 2013 trials).

Chief Prosecutor: Is this any kind of submission?

Tribunal: We are giving the order. Do it tomorrow or conduct the privileged communication today.

Defense: We are asking for just one day. We want it on Friday.

Chief Prosecutor: They have a hearing on Wednesday.

Tribunal: You will do it for 2 hours today. You will do it on Tuesday. And you will conduct the hearing on Thursday.

State Defense (Advocate Monzur Alam) in favor of Sajeeb Wazed Joy:

I have been appointed as State Defense for Sajeeb Wazed Joy in this case. I was informed on the 7th. I did not get time to prepare. I am seeking time for the charge hearing. The hearing is on Thursday. I have submitted my application.