SC verdict on Mir Quasem's review plea tomorrow
The Supreme Court is set to deliver its verdict tomorrow on a petition filed by war criminal Mir Quasem Ali seeking review of an earlier verdict that upheld his death penalty.
A five-member bench of the Appellate Division headed by Chief Justice Surendra Kumar Sinha fixed the date for passing the judgement after concluding hearing arguments placed by both the state and the defence counsels yesterday.
During the hearing, defence counsel Khandker Mahbub Hossain told the apex court that his client could not be sentenced to death as the prosecution had “miserably failed” to prove the allegations brought against him.
According to the statements of six prosecution witnesses, Mir Quasem Ali had no direct participation in torture and killing freedom fighter Jasim in 1971 for which the SC had earlier upheld his death sentence, he argued.
Even in case the SC considered that the allegation had been proved, Quasem's death penalty should not be upheld, the defence lawyer said.
Attorney General Mahbubey Alam has meanwhile opposed the review petition of Quasem saying the war criminal was in charge of Mahamaya Dalim Hotel, which was a centre for torture and killing, in Anderkilla of Chittagong in 1971 and had full control of the hotel.
All the witnesses have admitted that Quasem Ali was present at Dalim Hotel during torturing and killing of Jasim and dumping of his body into the river, so he deserved the maximum punishment, the top state law officer argued.
The apex court expressed dissatisfaction during the hearing, as the government has not taken any measures against the prosecutors, who dealt with the case against Quasem, for their poor performance.
One of the prosecutors examined some witnesses and another prosecutor examined some others, as if it was a mockery with the trial of the case, Chief Justice SK Sinha observed.
He said the court had earlier asked the government to take steps against the prosecutors for their negligence and incompetence in dealing with cases regarding crimes against humanity.
The law minister had told the media that the government would take necessary steps to that end, but no such move has been seen, the chief justice said.
In reply, Attorney General Mahbubey Alam said there were competent and experienced prosecutors, but he was surprised that they were not assigned to deal with the case against Quasem Ali.
He said he would bring the issue to the government's notice.
In its full verdict released on June 6 this year, the Appellate Division expressed dissatisfaction over the performance of two prosecutors -- Sultan Mahmud Simon and Zead Al Malum -- saying there was lack of coordination between the two in conducting the case.
“The mistake committed by the prosecutors in conducting the case is that both the prosecutors did not jointly conduct the case. One prosecutor examined some witnesses and the other prosecutor examined some other witnesses, resulting in lack of sequence,” the verdict reads.
Earlier on December 31 last year, the SC in its judgement in the appeal of another war criminal Delawar Hossain Sayedee suggested bringing a change in the prosecution and investigation agency of the International Crimes Tribunal.
The law minister at that time told the media that he would take necessary actions for complying with the apex court verdict regarding the prosecution and the investigation teams.
On November 2, 2014, the International Crimes Tribunal-2 handed down the capital punishment on 63-year-old Jamaat-e-Islami leader Quasem over crimes against humanity committed during the Liberation War in 1971.
The Appellate Division upheld the verdict on March 8 this year and released the full text on June 6, hours after which the ICT had issued a death warrant against him.
On June 19, Quasem submitted the petition to the apex court through his lawyers seeking review of the verdict.
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