Prosecution rebuked
The International Crimes Tribunal-2 yesterday rebuked the prosecution for submitting an “erroneous” petition, which did not have the name of chief prosecutor Ghulam Arief Tipoo as the complainant.
By not mentioning Tipoo as a complainant, the prosecution dealing with the highly important war crimes cases has apparently exposed the longstanding rift within itself.
The three-member tribunal led by Justice Obaidul Hassan ordered prosecutor Muklesur Rahman Badal, who filed the petition, to correct it and he complied with the order by putting Tipoo's name.
It all started when Badal filed the petition seeking an order to show Forkan Mallik, a war crimes suspect from Patuakhali, arrested in a case for his alleged crimes against humanity committed during the Liberation War in 1971.
Acting chief prosecutor Syed Haider Ali instead of Tipoo was mentioned on the cover page of the petition along with other prosecutors. When Badal moved the petition, the matter drew the tribunal's attention.
“Why didn't you mention the name of the chief prosecutor? What is the legal provision in this regard?” Justice Hassan asked.
According to the legal provision, “The proceedings before a tribunal shall commence upon the submission by the chief prosecutor or a prosecutor authorised by the chief prosecutor on his behalf…” and the prosecution usually put the chief prosecutor's name on the cover of any petition.
When Badal did not give a reply, Justice Hassan said, “Is he dead or out of office? He is very much present in the office. So, why didn't you mention his name?”
The tribunal mentioned some other errors on the petition as well.
Justice Hassan asked Badal to correct the petition and ordered the inspector general of police (prison) to produce Forkan Mallik before the court on July 3.
Forkan was arrested in a case pending with a Patuakhali Sessions Judge's Court on June 25. The prosecution sought to show him arrested in a war crimes case as an investigation agency was probing his alleged involvement in wartime crimes.
The infighting over who would lead the prosecution has been continuing since April this year.
Haider Ali was appointed as the acting chief prosecutor on April 13 after Tipoo had gone on leave on medical ground. But a power struggle within the prosecution intensified after he had joined office on April 30.
There have been a chief prosecutor and an acting chief prosecutor in the team since Tipoo's joining. The infighting has already halted the prosecution's preparation for filing a case against Jamaat-e-Islami for its role in 1971.
On the “error”, Badal told The Daily Star that he had put Haider Ali's name following a “unanimous decision of the prosecution” and they had filed several petitions with the tribunal-1 using the same name.
But Zead Al Malum, another senior member of the prosecution, has disagreed with Badal. “No such decision was taken in this regard,” Malum told The Daily Star yesterday.
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