Two amici curiae on Sunday made contradictory statements before the apex court over the applicability of the latest amendment to the International Crimes Tribunal (ICT) Act in the case of convicted Jamaat-e-Islami leader Quader Mollah. Barrister Rokanuddin Mahmud said the amended ICT Act, 1973, which paved the way for the government to file appeals against “inadequate or any sentences” in war crimes cases, would be applicable to the convicted Jamaat leader Abdul Quader Mollah. But senior lawyer TH Khan said it would not be applicable in the Quader Mollah case.
They made the contradictory observations during the submission of their opinions as amici curiae before the five-member bench of the Appellate Division of the Supreme Court in this regard.
Mahmud said that Section 47 (3) of the Constitution protected the ICT Act of 1973. No one can challenge this law, he added. He also said the customary international law has been reflected in this amended Act.
He said the customary international law is applicable to the case against Mollah because of the fact that the ICT Act of 1973 was made through the assimilation of international customary law at that time.
Later, the most senior lawyer of the Supreme Court, Advocate TH Khan, told the court that the amended Act, which was allowed with retrospective effectiveness, would not be applicable in the Quader Mollah case as the Act was amended 14 days after the verdict was announced.
Advocate Faisal H Khan read out TH Khan’s written statement before the apex court.
It was a settled issue that the local law would be applicable, if the customary international law is contradictory with the local law, he added.
The Appellate Division bench of the Supreme Court on June 20 appointed seven amici curiae (friends of the court) for legal opinion on two issues — whether the trial of war crimes falls under the purview of the international customary law, and whether the amendment of the ICT Act on February 17 can come into effect from July 14, 2009.
The seven amici curiae are: TH Khan, Mahmudul Islam, Rafique-ul Huq, M Amir-Ul Islam, Rokanuddin Mahmud, AF Hasan Ariff and Ajmalul Hossain, QC. Except AF Hassan Ariff, all the amici curiae have already submitted their opinions to the apex court.
Parliament on February 17 this year amended the ICT Act, providing for equal right of appeal by both the convict and the prosecution. Earlier, the prosecution had no right of appeal in this regard except in case of acquittal of the accused.
Later, the prosecution filed the appeal seeking the death penalty for lifer Quader Mollah and challenged his acquittal on one charge. On the other hand, the Jamaat leader appealed against his life term.
On June 20, the Supreme Court sought legal opinion from the amici curie on the issue.
On February 5 this year, International Crimes Tribunal-2 handed down life imprisonment to Quader Mollah on charges of committing crimes against humanity during the Liberation War in 1971.
-With The Independent input
