Ministers say execution soon; defence, prosecution differ over scopes of review petition
Jamaat-e-Islami leader Abdul Quader Mollah, who was sentenced to death by the Supreme Court for war crimes, has been transferred to Dhaka Central Jail from Kashimpur prison hours after the apex court published its full verdict on Thursday. The Superintendent of Kashimpur Jail, Mujibur Rahman, said Mollah was sent to Dhaka jail at 3.00pm. The issue of the verdict execution as well as scopes for a review plea came into limelight after two ministers hinted that the Jamaat leader will be executed soon in accordance with the International Crime Tribunals (ICT) Act that does not allow a convict to file a review petition.
The defence and the prosecution also have differences in opinion over the scope for filing a review petition by Mollah, who was awarded death penalty by the Appellate Division of the Supreme Court on September 17 for crimes against humanity committed during the 1971 war of liberation.
Immediately after the release of the full verdict, State Minister for Law Qamrul Islam said the death sentence of Quader Molla is likely to be executed ‘within the shortest possible time’.
“The authorities concerned will execute the verdict within the shortest possible time,” he said.
Qamrul also said that the full verdict would be sent to the tribunal, and the tribunal would send it to the jail authorities and the Deputy Commissioner of Dhaka for taking necessary steps.
“It will take some more time if Quader Molla seeks presidential mercy,” he said ruling out any chance to file a review petition by the convict.
“There is no scope to file a review petition after the release of the full verdict,” he added saying that Quader Molla can only seek presidential clemency now.
Meanwhile, State Minister for Home Affairs Shamsul Haque Tuku said, “Execution of the verdict on Quader Molla is a matter of time.”
He added that the jail authorities will take necessary steps on the execution after receiving the copy of the full verdict.
The International Crimes Tribunnal-2 on February 5 sentenced the Jamaat leader to life imprisonment for five charges of crimes against humanity
committed during the 1971 liberation war.
Later, Quader Mollah filed an appeal against the ICT judgment seeking his acquittal, while the government appealed for his death penalty.
After five months of hearing, a five-member Appellate Division bench, headed by the Chief Justice, had accepted the prosecution plea and gave death penalty to Molla on September 17.Section 20 (3) of the ICT act says the sentence awarded under this act shall be carried out in accordance with the orders of the government.
However, chief defence counsel Barrister Abdur Razzak on Thursday said, “As per rules, we will file a review petition within 30 days of getting the certified copy in accordance with the article 105 of the constitution.”
“This is the first verdict of the apex court relating to the war crimes case. Hence, the legal question of the review petition should be disposed of at the apex court giving the opportunity to the convicted,” Razzak added.
The prosecution says there is no opportunity to file a review petition against the verdict.
Soon after the release of the copy of the verdict, the coordinator of the war crimes trial and Additional Attorney General MK Rahman said the legal proceedings have ended and Mollah now can only seek mercy from the president.
“The ICT act has been framed by amending the constitution. As per the ICT law a convict can only file appeal with the Appellate Division,” Rahman added.
When asked about the debate over constitutional review provision, Rahman said, “Let the apex court settle the matter.”
If the review petition is not allowed, Mollah will only have one step of legal battle, seeking presidential clemency.
The apex court published the full judgment after all five judges of the bench– Chief Justice Md Muzammel Hossain, Surendra Kumar Sinha, Md Wahhab Miah, Syed Mahamud Hossain and AHM Shamsuddin Choudhury Manik — put their signature on the copy of the 790-page verdict.
Of the five judges, four awarded him death sentence while Justice Wahhab Miah sentenced him to life imprisonment.
In its verdict, the apex court observed it is true that capital punishment does not have a place in the statute of many countries, but its application is also quite frequent in countries such as Malaysia, Indonesia, Middle East, Iran, India and Pakistan.
In Bangladesh death sentence is prescribed not only by the Act but also by the Penal Code, the Special Powers Act and Women and Children Repression Act 2003. Demand for restoration of death sentence is quite ripe in the UK, the verdict observes.
Considering Mollah’s gravity of offence, the death penalty is the only appropriate sentence for him.
The judgment said: “Mollah monstrosity must have stunned all righteous people, not only in 1971 but also afterwards – maybe through eternity, not only in Bangladesh but beyond. As such death is the only appropriate sentence.”
Justice SK Sinha in his verdict said the appeal filed by the government is maintainable while the appeal of Quader Mollah is dismissed.
“Having underscored the egregious and beastly nature of the offences the appellant committed leaving behind trail of pain and sorrow for the victims or their families and indeed for the nation as a whole, which may last for ever, question of lenient sentence cannot arise,” verdict copy said.
“Although he deserves death sentence for the offences under charge 2, since the appellant cannot be hanged twice, I shall confine my death sentence for the offences under charge 6 only,” one of the five judges said in his verdict copy.
Earlier, on September 17, the Supreme Court bench pronounced the verdict that sentenced Mollah to death.
International Crimes Tribunal-2, on February 5, had found Mollah, 65, guilty on five of the six charges of crimes against humanity. But, the Supreme Court in its maiden verdict in a war crimes appeal found Mollah guilty on all six charges brought against him.
The Tribunal-2 awarded Mollah, known as ‘butcher of Mirpur’, maximum life imprisonment even though it had been proved beyond doubt that the Jamaat leader had committed heinous war crimes.
-With The Independent input
