Forkan verdict kept waiting
The trial of Forkan Mallik, an alleged Razakar from Patuakhali, ended yesterday and the International Crimes Tribunal-2 kept the case waiting for verdict.
Forkan, the 64-year-old accused from Mirzaganj upazila, faces five charges including murders and rapes allegedly committed in the southern district during the nine-month-long Liberation War in 1971.
The three-member tribunal led by Justice Obaidul Hassan with members Justice Md Mozibur Rahman Miah and Justice Md Shahinur Islam kept the case waiting for verdict after the prosecution and the defence completed closing arguments.
The prosecution sought capital punishment for Forkan as they claimed they had been able to prove all five charges brought against him. The defence on the other side prayed for his acquittal, saying the prosecution had failed to prove the charges.
It cannot be determined how many days the tribunal might take before delivering the verdict. It had earlier taken minimum 25 days and maximum six months to deliver verdicts.
During the prosecution's rebuttal, prosecutor Tureen Afroz cited the verdict in the case against war criminal Syed Mohammad Qaisar, who was sentenced to death for his crimes.
In Qaisar's case, the same tribunal handed down death penalty on the former state minister of HM Ershad's cabinet on charge of rape for the first time in the country's history.
Tureen said like Qaisar, Forkan, who faces three charges of rape, should also be given death penalty.
Forkan's counsel Abdus Salam Khan said his client was neither involved with Razakar force nor in the charges brought against him. “The prosecution have failed to prove the charges,” he added.
At the last stage of the arguments, Forkan, who was standing in the dock, said he was at his maternal uncle's house for one year from Bangla month of Ashwin in 1970.
“I had rather helped freedom fighters during the war,” he claimed.
The tribunal expressed discontent over the defence for “scattered submission” and asked the counsel to submit his arguments in written within three days. “Otherwise, we will take action against you for misconduct,” Justice Hassan said.
Son of Sader Mallik and Sonavan Bibi of Sailabunia village under Mirzaganj, Forkan was an active supporter of Muslim League, an anti-liberation party in 1971, the prosecution said.
He joined the local Razakar force and carried out crimes including murders and rapes under local Razakar commander, the prosecution charged.
On June 25 last year, the Detective Branch of police arrested Forkan at Rupatali Bus Stand in Barisal in connection with a criminal case. He was later shown arrested in the war crimes case.
The investigation agency of the International Crimes Tribunal completed probe into the allegations against him on October 27 the same year. The tribunal indicted him in five charges on December 18.
CHARGES
Killing of four people including two local Awami League leaders in Mirzaganj on August 12; forceful religious conversion of three Hindu brothers in Subidkhali Bazar and their deportation; abduction, rape and subsequently death of a Hindu girl of Subidkhali Bazar on August 17 and 18; abduction and rape of two Hindu girls of Subidkhali Bazar on August 20 and 21 and deportation of their family; and abduction and rape of a Muslim woman and killing of another.
The prosecution produced 14 witnesses including the investigation officer, while the defence produced four witnesses.
ICT-1
The International Crimes Tribunal-1 yesterday fixed June 30 to pass an order in the contempt proceedings it had initiated against two top leaders of Islami Chhatra Shibir for their joint media statement about a war crimes verdict.
The three-member tribunal led by Justice M Enayetur Rahim fixed the date after AY Masihuzzaman, counsel for the accused, sought exoneration of his clients seeking unconditional apology.
The accused are Abdul Jabbar and Atiqur Rahman, president and secretary general of Shibir, the student organisation of Jamaat-e-Islami.
The court on May 4 initiated the contempt proceeding and asked them to reply why they should not be punished for contempt of court for issuing the statement demeaning the tribunal.
They issued the statement following death sentence awarded to Jamaat leader ATM Azharul Islam on December 30 last year.
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