A case accusing Delawar Hossain Sayedee of killing Ibrahim alias Kutti is still pending with International Crimes Tribunal (ICT)-1 although it already sentenced him to death over the charge, leading to double jeopardy, a defence lawyer told the Supreme Court yesterday.
However, the five-member Appellate Division bench headed by Chief Justice Md Muzammel Hossain said it was no double jeopardy as although the case was pending, the trial was not on. The SC also fixed today for further hearing.
The lawyer, SM Shahjahan, was placing arguments on the 28th day's proceedings on Sayedee's appeal challenging the February 28, 2013 verdict for crimes against humanity the Jamaat-e-Islami leader committed during the 1971 Liberation War.
Shahjahan said prosecution witness Manik Posari had filed the case with Pirojpur Police Station in 2009 against Sayedee for killing Ibrahim on May 8, 1971 and Sayedee was shown arrested in the case.
This case was then sent to ICT-1, which had convicted and sentenced Sayedee to death over two charges of crimes against humanity, including the one over the killing of Ibrahim.