Debate on over review right of Kamaruzzaman

As the debate continues over war criminal Muhammad Kamaruzzaman's right to seek review of the Supreme Court verdict, both the prosecution and defence believe the release of its full judgment on Abdul Quader Mollah's review petitions would end all confusion.

Release of the full verdict will make it clear whether a war crimes convict has the right to move a review petition and if the review petition is maintainable, then how many days a convict would get to file the petition, said the defence.

Jamaat leader Quader Mollah had filed two review petitions with the SC after the release of its full judgment on his appeal, but the five-member bench of the Appellate Division, led by Chief Justice Md Muzammel Hossain, dismissed those on December 12 last year. The SC is yet to release the full text of its dismissal order.

The SC on Monday upheld the death penalty of Kamaruzzaman, convicted of committing crimes against humanity in May last year. The same debate surfaced in September after the SC had delivered its verdict in the war crimes case against another Jamaat leader Delawar Hossain Sayedee.

While the defence claimed they have the right to seek review as per article 105 of the constitution, the prosecution said a war criminal does not have the right as per article 47 (3) of the charter.

Khandker Mahbub Hossain, a lawyer for Kamaruzzaman, assistant secretary general of Jamaat, yesterday said the SC dismissed Mollah's review petitions after hearing arguments “on merit”, and so, the defence believe a war crimes convict has the right to seek review.

There is no scope to execute Kamaruzzaman's verdict until the release of the full SC verdict in his case, claimed Mahbub, also the president of Supreme Court Bar Association.

Talking to The Daily Star, Attorney General Mahbubey Alam said the SC in its short verdict on Mollah's review petitions could have mentioned whether such petitions are maintainable or not. “Now we hope the full verdict will give a clear guideline on the issue,” he added.

The prosecution expects the SC in its full verdict will hold non-maintainable the review petitions of Quader Mollah. If so, the judgment will have an impact on any probable review petition by other war criminals, said the attorney.

On execution of Kamaruzzaman's verdict, he said the SC will send the certified copy of its verdict to the trial court (International Crimes Tribunal-2) for necessary action. Upon receiving the copy, the tribunal will issue a death warrant against the convict.

“The jurisdiction lies solely with the Supreme Court whether it will send the full or short verdict to the tribunal,” he mentioned.

Renowned jurist Shahdeen Malik, however, said it is not sure whether the SC's full judgment on Quader Mollah's review petitions would clear all confusion since legal interpretations are different in separate cases.

LAWYERS MEET KAMARUZZAMAN

Four defence counsels of death-row convict Kamaruzzaman met their client at Dhaka Central Jail yesterday.

After a 45-minute meeting from 10:15am, defence counsel Shishir Manir said they met their client for his instruction.

The lawyer said their client will file a review petition within 30 days after receiving the certified copy of the full verdict of the SC.

Asked whether Kamaruzzaman would seek presidential clemency, Shishir said the issue is not important right now as they will first file a review petition with the apex court.

“If rejected, then he [Kamaruzzaman] will make a decision on presidential mercy,” he added.