DHAKA NEWS
Dhaka, Feb 27 The war crimes tribunal on Monday finally began hearing the prosecution's reply after lengthy submissions of BNP MP Salauddin Quader Chowdhury's counsels moving several petitions, including one for discharge and another for bail.
The International Crimes Tribunal, set up on Mar 25, 2010 to try crimes against humanity during the 1971 Liberation War, began hearing the prosecution's reply shortly before day's proceedings came to an end and will resume on Tuesday.
Zead-Al-Malum had expressed his exasperation at the war crimes tribunal's indulgence towards Salauddin Quader's chief counsel just as the court was about to go into lunch recess.
The outspoken BNP policymaker's lawyer Ahsanul Haq had managed to regale the International Crimes Tribunal, with his submissions interspersed with humorous anecdotes for almost an hour before lunch and requested them that he be allowed to finish the bail petition after recess.
The judges duly consented. Upon the prosecutor's objection, saying that he could not quite understand what has happening as the defence counsels were lumbering on without moving the petitions, tribunal chairman Justice Nizamul Huq only said, "But you should keep in mind that we are also hearing him."
Ahsanul Haq resumed after lunch. He reiterated a number of points that he had made earlier both for the petition seeking his client's discharge and another one for his bail.
He said that it was incumbent upon the investigation when they took Salauddin Quader to the safe house to ask about his whereabouts during the Liberation War.
When Justice Huq asked what it was the senior counsel wanted to say, Ahsanul Haq said, "I am saying it was a bad investigation."
Moving back and forth between the discharge petition and the bail petition, Ahsanul Haq said regarding the formal charge that no-one had come forward with a formal charge or a complaint. He said that charges did not have any person who got the "ball to roll".
Haq also brought to the court's notice that his client had secured bail in all other cases pending against him and so his client would be able to go free if he got bail in this case.
The senior counsel reiterated some of the points he had made before that there were not obstacles to enlarging the petitioner on bail because he would not abscond, nor would he tamper the evidence because formal charges have already been brought against.
Haq pointed out that the charges did not have any police verifications of the deaths allegedly due to his client's doings.
Haq also said on behalf of his client that Salauddin Quader had never quite toed a particular line within politics except perhaps being a 'pro-Islamic' politician.
"But they have mixed up the charges against my father with those against me," he continued on Chowdhury's behalf and added that he had heard of property being handed down hereditarily but this was the first time that he was seeing offences being inherited.
Haq made the point that Goods Hill, where Salauddin Quader's family lived, must have been under the control of Fazlul Quader Chowdhury, Salauddin's father, was the speaker of Pakistan parliament and the acting president. "Salauddin Quader was only 21 at that time."
The counsel said if Goods Hill had to be under anyone's control it would have to be under Chowdhury senior. He said referring to a document from Punjab University that Salauddin Quader was attending university during that time. "And that certificate has been verified by the Bangladeshi High Commission in Pakistan besides other competent authorities."
Ahsanul Haq said that the charges had been filed 37 years after the law had been put in force and also pointed to the fact the prosecution had not provided any explanation about why it took so long to file the complaints against his client.
He said the principal perpetrators where 195 officers of the Pakistani defence forces, while his client could be an abettor at most. He then proceeded to ask why the abettor, if at all that, was being charged before the principal offenders.
This was followed by the BNP politician's other counsel Fakhrul Islam moving another petition praying that the proceedings be conducted following international standards.
That Justice Nizamul Huq had kept in mind prosecutor Malum's objections from before lunch was clear when he asked the defence counsel how long it would take.
Huq said the court would give him ten minutes when the Fakhrul Islam said he only needed five.
However, the petition did not take even that long because Justice Huq told the counsel that a similar petition had been disposed of and this one would be rejected with a single sentence regardless of the submissions.
"But my client did not have a lawyer at that time and there weren't such substantive material at that time," said Fakhrul Islam.
"Why don't you then file a review petition and bring those in and we can hear you at length? Because you want an order on this, it will be a one liner I tell you."
The counsel said that is what he wanted and brought the matter to an end.
Salauddin Quader, a six-time MP, was then given an opportunity to address court briefly after his counsels had finished their submissions.
The outspoken Chittagong MP with considerable legal knowledge besides his legal training used the opportunity to offer an unqualified apology to the court and proceeded to answer some of the queries that the judges had made when Fakhrul Islam was moving the discharge petition.
"I owe you an apology," Salauddin Quader began. He said he was not quite familiar with all the customs of the court. "So I might have infringed and transgressed on a on a few occasions."
He also apologised for speaking in a loud voice in the court which had prompted the tribunal chair to even mention that in an order. He said, "I have been endowed with a loud voice. And at times it might have irritated you (addressing Justice Huq)."
Salauddin Quader said it had become a habit to shout in parliament trying to get the attention of the speaker and that might have 'spilled over' into the court.
The BNP politician then proceeded to answer one query that the tribunal had made asking what the difference was between the Collaborators' Act of 1972 and the International Crimes (Tribunal) Act of 1973.
Salauddin Quader said one had been tailor made to try combatants. The 1973 act, he said, was for officers in the field of battle and had nothing to do with civilians while the collaborators act was the enacted just to try the civilians who had collaborated with the Pakistani Army against Bangladesh.
He also went on to answer another query of the court saying that one of the members of the tribunal, Justice ATM Fazle Kabir, had been a member of the bench that in fact declared the Fifth Amendment illegal. He referred to that instance where a bench had declared a prevailing law invalid.
Saying that he was inspired by the same Justice Kabir's presence in the tribunal, Salauddin Quader suggested that this tribunal could also look at the prevailing law in the same manner.
Justice Fazle Kabir then spoke at length about the context of the case and said that the bench actually had the jurisdiction of making such a decision.
Prosecutor Zead-Al-Malum began his arguments reluctantly and only upon Justice Huq's insistence. He said that the prosecution would reply to each and every one of the 47 points that the defence counsels had mentioned during their arguments.
Malum did not get very far before the tribunal chief adjourned the court until Tuesday.
The prosecution submitted formal charges against Salauddin Quader on Nov 14, 2011 and the tribunal took them into cognisance three days later.
The Chittagong MP was shown arrested for war crimes charges on Dec 20, 2010 five days after his arrest.
The investigating agency submitted a 119-page report with around 8,000-page data report to the chief prosecutor on Oct 3 in a bid to prove allegations of war crimes during the 1971 Liberation War.
Besides Jamaat executive council member Delwar Hossain Sayedee whose case is the most advanced, Jamaat chief Matiur Rahman Nizami, secretary general Ali Ahsan Mohammad Mujaheed and assistant secretaries general Mohammad Kamaruzzaman and Abdul Quader Molla, and Bangladesh Nationalist Party's standing committee member and MP Salauddin Quader Chowdhury have been detained on war crimes charges.
The tribunal has also sent Jamaat-e-Islami's former chief Ghulam Azam to jail on Jan 11. The second part of his formal charge hearing has been fixed on Feb 27.
Indictment hearings of Jamaat secretary general Ali Ahsan Mohammad Mujaheed and the party's assistant secretary-general Mohammad Kamaruzzaman are set to begin later this month on Feb 23 and Feb 29 respectively.
The tribunal granted conditional bail to former BNP lawmaker and minister Abdul Alim on March 31 last year. The bail was extended further on Jan 16, ordering him to be present in the court on Mar 15 when the prosecution has been directed to submit formal charges against the BNP leader.
The International Crimes Tribunal, set up on Mar 25, 2010 to try crimes against humanity during the 1971 Liberation War, began hearing the prosecution's reply shortly before day's proceedings came to an end and will resume on Tuesday.
Zead-Al-Malum had expressed his exasperation at the war crimes tribunal's indulgence towards Salauddin Quader's chief counsel just as the court was about to go into lunch recess.
The outspoken BNP policymaker's lawyer Ahsanul Haq had managed to regale the International Crimes Tribunal, with his submissions interspersed with humorous anecdotes for almost an hour before lunch and requested them that he be allowed to finish the bail petition after recess.
The judges duly consented. Upon the prosecutor's objection, saying that he could not quite understand what has happening as the defence counsels were lumbering on without moving the petitions, tribunal chairman Justice Nizamul Huq only said, "But you should keep in mind that we are also hearing him."
Ahsanul Haq resumed after lunch. He reiterated a number of points that he had made earlier both for the petition seeking his client's discharge and another one for his bail.
He said that it was incumbent upon the investigation when they took Salauddin Quader to the safe house to ask about his whereabouts during the Liberation War.
When Justice Huq asked what it was the senior counsel wanted to say, Ahsanul Haq said, "I am saying it was a bad investigation."
Moving back and forth between the discharge petition and the bail petition, Ahsanul Haq said regarding the formal charge that no-one had come forward with a formal charge or a complaint. He said that charges did not have any person who got the "ball to roll".
Haq also brought to the court's notice that his client had secured bail in all other cases pending against him and so his client would be able to go free if he got bail in this case.
The senior counsel reiterated some of the points he had made before that there were not obstacles to enlarging the petitioner on bail because he would not abscond, nor would he tamper the evidence because formal charges have already been brought against.
Haq pointed out that the charges did not have any police verifications of the deaths allegedly due to his client's doings.
Haq also said on behalf of his client that Salauddin Quader had never quite toed a particular line within politics except perhaps being a 'pro-Islamic' politician.
"But they have mixed up the charges against my father with those against me," he continued on Chowdhury's behalf and added that he had heard of property being handed down hereditarily but this was the first time that he was seeing offences being inherited.
Haq made the point that Goods Hill, where Salauddin Quader's family lived, must have been under the control of Fazlul Quader Chowdhury, Salauddin's father, was the speaker of Pakistan parliament and the acting president. "Salauddin Quader was only 21 at that time."
The counsel said if Goods Hill had to be under anyone's control it would have to be under Chowdhury senior. He said referring to a document from Punjab University that Salauddin Quader was attending university during that time. "And that certificate has been verified by the Bangladeshi High Commission in Pakistan besides other competent authorities."
Ahsanul Haq said that the charges had been filed 37 years after the law had been put in force and also pointed to the fact the prosecution had not provided any explanation about why it took so long to file the complaints against his client.
He said the principal perpetrators where 195 officers of the Pakistani defence forces, while his client could be an abettor at most. He then proceeded to ask why the abettor, if at all that, was being charged before the principal offenders.
This was followed by the BNP politician's other counsel Fakhrul Islam moving another petition praying that the proceedings be conducted following international standards.
That Justice Nizamul Huq had kept in mind prosecutor Malum's objections from before lunch was clear when he asked the defence counsel how long it would take.
Huq said the court would give him ten minutes when the Fakhrul Islam said he only needed five.
However, the petition did not take even that long because Justice Huq told the counsel that a similar petition had been disposed of and this one would be rejected with a single sentence regardless of the submissions.
"But my client did not have a lawyer at that time and there weren't such substantive material at that time," said Fakhrul Islam.
"Why don't you then file a review petition and bring those in and we can hear you at length? Because you want an order on this, it will be a one liner I tell you."
The counsel said that is what he wanted and brought the matter to an end.
Salauddin Quader, a six-time MP, was then given an opportunity to address court briefly after his counsels had finished their submissions.
The outspoken Chittagong MP with considerable legal knowledge besides his legal training used the opportunity to offer an unqualified apology to the court and proceeded to answer some of the queries that the judges had made when Fakhrul Islam was moving the discharge petition.
"I owe you an apology," Salauddin Quader began. He said he was not quite familiar with all the customs of the court. "So I might have infringed and transgressed on a on a few occasions."
He also apologised for speaking in a loud voice in the court which had prompted the tribunal chair to even mention that in an order. He said, "I have been endowed with a loud voice. And at times it might have irritated you (addressing Justice Huq)."
Salauddin Quader said it had become a habit to shout in parliament trying to get the attention of the speaker and that might have 'spilled over' into the court.
The BNP politician then proceeded to answer one query that the tribunal had made asking what the difference was between the Collaborators' Act of 1972 and the International Crimes (Tribunal) Act of 1973.
Salauddin Quader said one had been tailor made to try combatants. The 1973 act, he said, was for officers in the field of battle and had nothing to do with civilians while the collaborators act was the enacted just to try the civilians who had collaborated with the Pakistani Army against Bangladesh.
He also went on to answer another query of the court saying that one of the members of the tribunal, Justice ATM Fazle Kabir, had been a member of the bench that in fact declared the Fifth Amendment illegal. He referred to that instance where a bench had declared a prevailing law invalid.
Saying that he was inspired by the same Justice Kabir's presence in the tribunal, Salauddin Quader suggested that this tribunal could also look at the prevailing law in the same manner.
Justice Fazle Kabir then spoke at length about the context of the case and said that the bench actually had the jurisdiction of making such a decision.
Prosecutor Zead-Al-Malum began his arguments reluctantly and only upon Justice Huq's insistence. He said that the prosecution would reply to each and every one of the 47 points that the defence counsels had mentioned during their arguments.
Malum did not get very far before the tribunal chief adjourned the court until Tuesday.
The prosecution submitted formal charges against Salauddin Quader on Nov 14, 2011 and the tribunal took them into cognisance three days later.
The Chittagong MP was shown arrested for war crimes charges on Dec 20, 2010 five days after his arrest.
The investigating agency submitted a 119-page report with around 8,000-page data report to the chief prosecutor on Oct 3 in a bid to prove allegations of war crimes during the 1971 Liberation War.
Besides Jamaat executive council member Delwar Hossain Sayedee whose case is the most advanced, Jamaat chief Matiur Rahman Nizami, secretary general Ali Ahsan Mohammad Mujaheed and assistant secretaries general Mohammad Kamaruzzaman and Abdul Quader Molla, and Bangladesh Nationalist Party's standing committee member and MP Salauddin Quader Chowdhury have been detained on war crimes charges.
The tribunal has also sent Jamaat-e-Islami's former chief Ghulam Azam to jail on Jan 11. The second part of his formal charge hearing has been fixed on Feb 27.
Indictment hearings of Jamaat secretary general Ali Ahsan Mohammad Mujaheed and the party's assistant secretary-general Mohammad Kamaruzzaman are set to begin later this month on Feb 23 and Feb 29 respectively.
The tribunal granted conditional bail to former BNP lawmaker and minister Abdul Alim on March 31 last year. The bail was extended further on Jan 16, ordering him to be present in the court on Mar 15 when the prosecution has been directed to submit formal charges against the BNP leader.
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