Govt to change ICT law
The state minister for law, Quamrul Islam, on Saturday said that the government had initiated an amendment to the International Crimes (Tribunals) Act 1973 to allow the prosecution to appeal against inadequate sentence by war crime tribunals.
Section 21(2) of the act stipulates: ‘The government shall have the right of appeal to the Appellate Division of the Supreme Court of Bangladesh against an order of acquittal.’
‘The proposed amendment to the act would insert the words “or against the sentence on the ground of its inadequacy” after the word “acquittal”,’ Quamrul told New Age.
He said that the amendment proposal was meant to ensure equal rights of both the prosecution and the defence to appeal against conviction and sentence in war crime cases.
Section 21 (1) of the act says: ‘A person convicted of any crime specified [in the war crimes case] and sentenced by a tribunal shall have the right of appeal to the Appellate Division of the Supreme Court of Bangladesh against such conviction and sentence.’
Quamrul Islam said, ‘The bill would be finalised after the return of the law minister, who is now abroad and it will be placed in the current session of the parliament.’
The state minister made the statements in the wake of protests across the country demanding death penalty for Jamaat leader Abdul Quader Molla, who was jailed for life on five charges relating to crimes against humanity during the independence war in 1971.
International Crimes Tribunal 2 in February 5 jailed him for life on the five charges and acquitting him of the Keraniganj mass murder charge.
The attorney general, Mahbubey Alam, on Saturday iterated that the government was expected to file an appeal next week against the acquittal of Quader of the Keraniganj mass murder.
Legal experts said that the government could seek death penalty for Quader Molla in the appeal and Article 104 of the constitution empowered the Appellate Division to issue any order or direction to ensure complete justice.
Article 104 of the constitution stipulates: ‘The appellate shall have power to issue such directions, orders, decrees or writs as may be necessary for doing complete justice in any cause or matter pending before it, including orders for purpose of securing the attendance of any person or the discovery or production of any document.’
Senior Supreme Court lawyer Rafique-ul Huq said, ‘The Appellate Division exercising its constitutional power under Article 104 can sentence Quader to death.’
‘Are they [the Appellate judges] asleep? Are not they watching public sentiment?’ Rafique told New Age referring to the countrywide protests demanding Quader’s death sentence.
Criminal law expert Anisul Huq said, ‘In my view, there will be no legal bar on the government’s seeking enhancement of the sentence for Quader by filing an appeal against the acquittal of Quader of one charge.’
He also expressed view similar to the one of Rafique regarding the constitutional power of the Appellate Division given in Article 104 of the constitution.
Anisul welcomed the government for the proposed amendment to the ICT Act saying, ‘Such an amendment will help the government in the future.’
The ICT Act, enacted in 1973, did not have any provision for appeal by the prosecution. During the tenure of the present government, the act was amended and the prosecution was allowed to appeal appeal against acquittal.
Courtesy of New Age
