DHAKA NEWS
Dhaka, Mar 11 Frequent requests from the defence on Sunday led the war crimes tribunal to adjourn Jamaat-e-Islami leader Ali Ahsan Mohammad Mujaheed's indictment hearing to Mar 20.
The International Crimes Tribunal, set up to deal with crimes against humanity during the 1971 Liberation War, saw the prosecution get through about a fifth of the 109-page formal charge before the adjournment came.
Jamaat secretary general Mujaheed's lawyer Munshi Ahsan Kabir came up with a few petitions requesting the court to direct the prosecution to provide him with some missing documents and readable copies of certain documents that were not 'clear enough'. The counsel also petitioned for a further adjournment introducing a newly appointed defence lawyer, Nazrul Islam.
Chairman of the three-judge tribunal, Justice Nizamul Huq, told the defence that he needed not bring petitions for copies of missing documents or legible copies, which has become a regular feature on the appointed dates of indictment hearings.
"You don't even have to come to the court with these applications. Contact the prosecution, the moment you find a missing document and they will provide you the copies." Justice Huq did not issue any order on the petitions related to the missing documents or the illegible copies and asked the defence and prosecution to settle the matter between them.
Justice Huq told Kabir to be candid and free with the tribunal and ask for time if he was not prepared. However, the judge pointed out that counsels came to the court seeking missing documents at the last moment although they had gotten the volumes much before.
"We are marking this trend, but we have not yet said anything about this. It seems that there are ulterior motives behind this," said the tribunal chief said.
The defence counsel wondered if the judge thought it was a delay tactic of some sort. The judge said, "We don't want to call it that."
Kabir added that he had not so far asked for too long a time and the fact of the matter was that he had not been able to prepare fully. "Besides that, the new counsel has not had much time to acquaint himself with the case details."
Justice Huq said the defence would certainly get sufficient time for preparation but the tribunal was inclined to let the prosecution begin the hearing, which basically means a reading of formal charges. "This will be followed by arguments of the prosecution. We will fix a date for you after that," Justice Huq told both the defence counsellors, who kept up their meek protests.
The tribunal chairman agreed that Kabir had not asked for too many adjournments while Kabir kept insisting that it would become very tough for him. He then said, "At least let the records show that it has begun from today."
Prosecutor Mukhlesur Rahman began reading the formal charge and got through 21 pages before Justice Huq told him to stop for the day.
The tribunal is expected to hear defence arguments against Ghulam Azam's indictment on Mar 12.
The prosecution had submitted formal charges against Mujaheed on Dec 11, 2011 which the tribunal returned to them on 17 days later on Dec 28 saying that the charges ought to be resubmitted in a more organised fashion.
The prosecution complied on Jan 16 proposing to charge Mujaheed on 34 counts of war crimes including murder, rape, loot and arson. Mujaheed was arrested Jun 29, 2010.
The court took cognisance of charges against Mujaheed for perpetrating crimes against humanity on Jan 26.
During 1971, the current number two of Jamaat held the same post in Jamaat's student wing, called East Pakistan Islami Chhatra Sangha, while Matiur Rahman Nizami, also behind bars on war crimes charges, headed the student wing at that time.
Mujaheed later went on to become the chief of the student wing and doubled as a commander of Al Badr, a militia group mobilised by the Jamaat-e-Islami in 1971 as part of its active efforts to thwart and oppose the liberation forces.
Currently six top Jamaat leaders are behind bars charged with war crimes including the current and former chiefs of the party. Salahuddin Quader Chowdhury, a BNP policymaker and an MP from Chittagong, has been detained on similar charges.
Another BNP leader, Abdul Alim, an old guard who had been in the cabinet of a previous BNP government, is the only one on bail. His next hearing is on Mar 15.
The International Crimes Tribunal, set up to deal with crimes against humanity during the 1971 Liberation War, saw the prosecution get through about a fifth of the 109-page formal charge before the adjournment came.
Jamaat secretary general Mujaheed's lawyer Munshi Ahsan Kabir came up with a few petitions requesting the court to direct the prosecution to provide him with some missing documents and readable copies of certain documents that were not 'clear enough'. The counsel also petitioned for a further adjournment introducing a newly appointed defence lawyer, Nazrul Islam.
Chairman of the three-judge tribunal, Justice Nizamul Huq, told the defence that he needed not bring petitions for copies of missing documents or legible copies, which has become a regular feature on the appointed dates of indictment hearings.
"You don't even have to come to the court with these applications. Contact the prosecution, the moment you find a missing document and they will provide you the copies." Justice Huq did not issue any order on the petitions related to the missing documents or the illegible copies and asked the defence and prosecution to settle the matter between them.
Justice Huq told Kabir to be candid and free with the tribunal and ask for time if he was not prepared. However, the judge pointed out that counsels came to the court seeking missing documents at the last moment although they had gotten the volumes much before.
"We are marking this trend, but we have not yet said anything about this. It seems that there are ulterior motives behind this," said the tribunal chief said.
The defence counsel wondered if the judge thought it was a delay tactic of some sort. The judge said, "We don't want to call it that."
Kabir added that he had not so far asked for too long a time and the fact of the matter was that he had not been able to prepare fully. "Besides that, the new counsel has not had much time to acquaint himself with the case details."
Justice Huq said the defence would certainly get sufficient time for preparation but the tribunal was inclined to let the prosecution begin the hearing, which basically means a reading of formal charges. "This will be followed by arguments of the prosecution. We will fix a date for you after that," Justice Huq told both the defence counsellors, who kept up their meek protests.
The tribunal chairman agreed that Kabir had not asked for too many adjournments while Kabir kept insisting that it would become very tough for him. He then said, "At least let the records show that it has begun from today."
Prosecutor Mukhlesur Rahman began reading the formal charge and got through 21 pages before Justice Huq told him to stop for the day.
The tribunal is expected to hear defence arguments against Ghulam Azam's indictment on Mar 12.
The prosecution had submitted formal charges against Mujaheed on Dec 11, 2011 which the tribunal returned to them on 17 days later on Dec 28 saying that the charges ought to be resubmitted in a more organised fashion.
The prosecution complied on Jan 16 proposing to charge Mujaheed on 34 counts of war crimes including murder, rape, loot and arson. Mujaheed was arrested Jun 29, 2010.
The court took cognisance of charges against Mujaheed for perpetrating crimes against humanity on Jan 26.
During 1971, the current number two of Jamaat held the same post in Jamaat's student wing, called East Pakistan Islami Chhatra Sangha, while Matiur Rahman Nizami, also behind bars on war crimes charges, headed the student wing at that time.
Mujaheed later went on to become the chief of the student wing and doubled as a commander of Al Badr, a militia group mobilised by the Jamaat-e-Islami in 1971 as part of its active efforts to thwart and oppose the liberation forces.
Currently six top Jamaat leaders are behind bars charged with war crimes including the current and former chiefs of the party. Salahuddin Quader Chowdhury, a BNP policymaker and an MP from Chittagong, has been detained on similar charges.
Another BNP leader, Abdul Alim, an old guard who had been in the cabinet of a previous BNP government, is the only one on bail. His next hearing is on Mar 15.
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