War Crimes Trial
SQ Chy's petition on stay order rejected
The International Crimes Tribunal yesterday rejected a petition filed by BNP leader Salauddin Quader Chowdhury seeking stay on the proceedings against him and his release from war crimes charges.
It said the questions Salauddin raised in the petition had been settled at the High Court.
The petition was filed on November 25, in which Salauddin stated that the constitution does not allow an HC judge to become a judge of the tribunal. Therefore, Justice Nizamul Huq and Justice ATM Fazle Kabir of the HC cannot serve as a judge of the tribunal.
The three-member tribunal headed by its Chairman Justice Nizamul Huq said the HC had already rejected a writ petition filed by Jamaat leaders raising the same issue.
The BNP leader in the petition also said the tribunal judges violated the constitution by framing rules of procedure. And violation of the constitution is a seditious offence.
In reply, the tribunal said it had framed the rules of procedure under the International Crimes Tribunal (Amendment) Act, 1973.
The tribunal has no jurisdiction to deal with the matters related to the constitution, which Salauddin raised in his petition, it added.
The court yesterday rejected another petition seeking withdrawal of its Novermber 14 order in which it took the charges against Salauddin into cognisance.
In the petition, the BNP leader challenged the order for what he said was the court served the order in his absence. The court in response yesterday said there was no need for the presence of the accused or any lawyer when the court took the charges into cognisance as per its rules of procedure.
The court fixed December 12 for hearing other six petitions submitted by Salauddin on November 30.
He demanded in those petitions that the tribunal give him one year time to gather documents and witnesses to prove his innocence, the trial proceedings against him be broadcast on the electronic media, and international laws, the evidence act and Criminal Procedure Code be used in the trial.
The tribunal should define the crimes against humanity in rules of procedure and allow him to engage foreign lawyers as consultants to defend him, he insisted in the petitions.
Farhat Quader Chowdhury, wife of Salauddin, told reporters that her husband was determined not to take part in the court proceedings unless his demands were met.
Prosecutor Zead Al Malum, meanwhile, said Salauddin will be provided with counsels by the state, if he does not appoint lawyers on his own.
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