War Crimes Trial
Order on Quader Mollah's petition June 14
The International Crimes Tribunal-2 yesterday fixed June 14 to pass an order on the petition seeking review of the indictment order passed against war crimes accused Jamaat leader Abdul Quader Mollah.
The tribunal, on May 28, indicted Mollah with six charges of committing murders and mass killings during the 1971 Liberation War.
The tribunal, comprising its Chairman Justice ATM Fazle Kabir, Justice Obaidul Hassan and Judge M Shahinur Islam, fixed the date after the defence and prosecution completed their arguments over the petition.
Chief of the defence counsel, Abdur Razzaq, said the prosecution neither mentioned Mollah as a member of the auxiliary Al Badr force in the formal charges nor produced sufficient evidence to prove the claim.
Besides, an earlier application by the prosecution to identify Mollah as an Al-Badr leader was rejected by the tribunal on May 28, said Razzaq.
“But the tribunal described the accused (in the indictment order) as an Al-Badr member, which is tantamount to accepting the prosecution's application,” he added.
Justice Fazle Kabir drew Razzaq's attention on a part of the formal charge.
It read, “Quader Mollah was the president of Islami Chhatra Sangha (ICS) of Shahidullah Hall of Dhaka University in 1970 and afterwards he organised the Al Badr Bahini, comprising the ICS members.”
Razzaq replied, “It was said perfunctorily and the prosecution failed to provide any documentary evidence (in this regard).”
Justice Fazle Kabir said, “We framed the charges on the basis of the formal charges and statements of witnesses. The profile of Quader Mollah, in the formal charges, mentions him as an Al Badr member.”
Besides, some of the witnesses stated that Mollah was an Al Badr member, he added.
Afterwards, Prosecutor Mohammad Ali said, “It is our responsibility to prove it (that Mollah was an Al Badr leader) and we have sufficient evidence to do so.”
Razzaq said the tribunal charged Mollah with “participating”, “facilitating” and “substantially contributing” to war crimes. At the same time, he was also charged for his “complicity” in the crimes.
“This type of cumulative charging is not permissible in the act (International Crimes (Tribunals) Act-1973),” he said.
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