Tribunal rejects prosecution plea
For the first time since its inception in March 2010, an international crimes tribunal yesterday did not allow the prosecution plea to show two suspected war criminals arrested in connection with committing crimes against humanity.
The International Crimes Tribunal-2, however, asked the prosecution to submit on November 2 a progress report on the investigation into Mahidur Rahman and Afsar Hossain's alleged war-time crimes committed in Chapainawabganj.
Mahidur and Afsar had been arrested at Chapainawabganj on September 16 in a criminal case, not a war crimes case.
The three-member tribunal, led by Justice Obaidul Hassan with members Justice Md Mozibur Rahman Miah and Justice Md Shahinur Islam, directed the jail authorities to send the duo back to Chapainawabganj jail.
After the prosecution submitted a petition asking the court to show them arrested in a war crimes case, the tribunal on Thursday asked jail authorities to produce them before it yesterday.
Yesterday, Prosecutor Sahidur Rahman appealed to the court to keep them in jail so that they could not interrupt the investigation against them, which started in February.
Justice Hassan asked why the prosecution felt the duo could hinder the probe eight months into the investigation. “Why didn't you seek their arrest warrant in last eight months?” said Justice Hassan.
Sahidur could not respond with a direct answer but said they were appealing to keep them in jail so that they could not flee receiving bail in the criminal case.
“Was it the intension of the act [the International Crimes (Tribunals) Act-1973] that you will seek arrest warrant after one is arrested in another case,” asked Justice Shahinur.
“Is the apprehension that they may go into hiding could be grounds as per the stipulate law?” asked Justice Mozibur.
“They are very much influential people in their localities and can interrupt the investigation,” said Sahidur.
“You can understand the fact after eight months?” said Justice Hassan.
When the court asked Sahidur whether he had any document on the case in which they were arrested, he replied in the negative.
“Police Superintendent [of Chapainawabganj] has just sent a fax informing about their arrest,” Sahidur said. Sahidur even could not mention the incident for which they were charged.
“If they had committed crimes in 1971, they must be punished but if you can't show the grounds [for keeping them in jail] … You have to satisfy the law,” said Justice Hassan.
Mizanul Islam, on behalf of the duo, said their clients were arrested at their homes, which means they did not go into hiding and Chapainawabganj police, in their letter, had not mentioned that his clients were interrupting the probe.
The tribunal passed a short order and said a detailed order would be given later.
Meanwhile, the same tribunal recalled its Monday's order where it closed the cross-examination of Matiur Rahman, one of the two investigation officers of the case against Jamaat-e-Islam leader Abdus Subhan, due to the absence of Subhan's lawyers.
Following a defence petition, the court yesterday recalled its earlier order and allowed the defence to cross-examine Matiur, also the 30th prosecution witness.
Later, the court adjourned the case proceeding until today after Subhan's counsel Mizanul Islam completed Matiur's cross-examination. Noor Hossain, the second investigation officer of the case is expected to testify today.
Subhan, a nayeb-e-ameer of Jamaat, faces nine charges including genocide committed in Pabna during the Liberation War. He pleads not guilty.
Comments