His counsel may face contempt charge
The International Crimes Tribunal-2 yesterday came down heavily on a defence counsel of Jamaat-e-Islami leader Abdus Subhan for commenting that the constitution contradicts the law on the issue of justice when it comes to the war crimes trial.
Describing the lawyer's comment as "contemptuous", the three-member tribunal warned him of legal action. The counsel Mizanul Islam immediately withdrew his remarks.
Placing the closing arguments, Mizanul said, “I have completed my arguments. Before drawing a conclusion, I want to say law tells about justice but the constitution bars justice.”
“Mr Islam, you said a terrible thing,” the tribunal Chairman Justice Obaidul Hassan said. The constitution reflects the thoughts and opinions of people, and their elected representatives formulated it, he said.
Mizanul admitted that he said a "terrible thing".
The counsel referred to the inapplicability of certain articles, including Article 31, clauses (1) and (3) of Article 35 and Article 44, that deal with right to protection of law, protection in respect of trial and punishment and enforcement of fundamental rights respectively to a person who is being prosecuted for genocide, crimes against humanity or war crimes.
The tribunal chairman said, “Yes, it is said that if anyone commits certain offences, certain rights will not apply for him.”
“The constitution may deprive you of some rights but you can't make such comments. We will take action against you,” said Justice Hassan.
Instantly, Mizanul said, “My Lord, I am withdrawing my speech.”
“You should not have said this," said Justice Md Shahinur Islam, a member of the tribunal. "You made an extreme comment.”
“My Lord, this is perhaps my last argument before this tribunal. My prayer is that my 85-year-old client gets justice.”
“Justice is everyone's right," said the chairman. "He will get justice as per his rights. We are sitting here to dispense justice.”
Subhan is facing nine charges including genocide in Pabna in 1971.
The defence counsel was also criticised for doubting the sincerity of a prosecution witness's emotion.
The third prosecution witness, Abu Asad, a member of anti-liberation Mujaheed Bahini, burst into tears while testifying on rapes by the Pakistani army.
Mizanul said how a man could cry, whose force helped the occupation army in rapes.
The tribunal said the witness might have cried out of remorse, and asked the counsel to refrain from terming it "a false show of emotion".
The proceeding was adjourned until Sunday.
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