Quader Mollah in ICT-2
Defence argument continues
Lawyers for Abdul Quader Mollah yesterday placed their arguments before the International Crimes Tribunal-2 for the fourth day in a case accusing the Jamaat-e-Islami assistant secretary general of committing crimes against humanity during the Liberation War.
The three-member tribunal led by Justice Obaidul Hassan adjourned the proceedings till today.
Defence counsel Abdus Sobhan Tarafder yesterday placed arguments mostly on the “flaws†in the case's investigation procedure.
Sobhan said the complaint of Mollah's case was registered on the basis of two cases filed with Keraniganj and Pallabi police stations and then investigations were initiated.
“But my humble submission is that no case under the (Bangladesh) Penal Code can be transferred to the tribunal and the investigation is illegal and was done without jurisdiction,†he said.
The tribunal, however, said the cases were not sent to the tribunal, rather those were sent to the investigation agency through the tribunal registrar's office.
Sobhan said one of the investigation officers, Abdur Razzaque Khan, testified that he completed investigations on September 26, 2012 but submitted the investigation report on October 30, 2011. “This is a procedural flaw,†he said.
He said Razzaque, during cross-examination, had informed that he “collected†prosecution witnesses through sources but there was no instance of this practice in criminal proceedings.
On May 28, 2012, the tribunal indicted Mollah with six counts of crimes against humanity committed during the 1971 Liberation War.
A total of 12 prosecution witnesses, including two investigation officers, and six defence witnesses have given testimonies. Abdur Razzaq, chief of the defence counsels, already placed arguments on legal points.
The prosecution, which already placed the closing arguments, may reply to the defence's arguments if needed.
The tribunal would deliver its verdict after arguments of both the prosecution and the defence have been placed.
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