Former attorney general Mahmudul Islam on Tuesday said that the amended International Crimes Tribunal Act 1973 that paved the way for the government to file appeal against “inadequate or any sentences” in war crimes cases would be applicable to the convicted Jamaat leader Abdul Quader Molla. He made the observation while placing his opinions as amicus curiae before the five-member bench of the Appellate Division of the Supreme Court.
With his opinions, a total of three amicis curiae said that the amended ICT Act would be applicable to the convicted Jamaat leader. Earlier, on Monday two prominent lawyers—Barrister Rafique-ul Huq and Barrister M Amir Ul Islam– opined the same views in the case.
Islam also said that all the International Tribunal Acts, which were amended till the date, were given retrospective effect as the laws were formulated after commission of the crimes.
The amended International Crimes Tribunal Act 1973 would be applicable to the trial of war crimes cases in Bangladesh. “If there is any vagueness or gap in this amended act, the customary international law could be considered for explaining the act,” he noted.
He also said that if there is any contradiction between the customary international law and the tribunal act of 1973, the customary international law would not be applicable.
The senior lawyer also opined that as per the Article 104 of the Constitution the apex court has inherent power to hold hearing in any case for ensuring justice, if needed. So, the apex court could be heard on the government appeal in Quader Mollah case considering the greater interest of ensuring fair justice, he added.
In response to court query, Islam said that the Criminal Procedure of Code would not be applicable in the trial of the crimes against humanity committed during the country’s Liberation War in 1971. But, the fundamental criminal jurisprudence has to be followed during the trial proceeding, he noted.
The government on February 18, 2013, had brought amendments to the International Crimes Tribunal law of 1973 with effect from July 14, 2009 allowing the government to file appeal against any acquittal or conviction awarded by ICT.
Earlier, in the morning Barrister M Amir-ul Islam placed his remained opinions before the apex court. After completion of Mahmudul Islam’s opinions, another amicus curiae Barrister Ajmalul Hossain QC started his argument before the court on Tuesday. He will continue his argument before the court on Wednesday.
On June 20, the apex court had appointed seven noted lawyers to give their opinion on whether the appeal of war crimes convict Quader Molla would be considered under equal appeal right of convict and plaintiff in the International Crimes Tribunal (ICT) Act of 1973.
The amici curiae are: TH Khan, Rafique-ul Huq, M Amir-ul Islam, Mahmudul Islam, Rokanuddin Mahmud, AF Hasan Ariff and Ajmalul Hossain.
-With The Independent input
