Provisions of law challenged

Two detained top Jamaat-e-Islami leaders yesterday filed a writ petition with the High Court (HC) challenging the First Amendment to the Constitution and some sections of the International Crimes (Tribunals) Act, 1973 under which the war crimes trial is being held.
Jamaat senior assistant secretaries general Muhammad Kamaruzzaman and Abdul Quader Molla jointly filed the writ seeking direction from the HC to stop proceedings of the International Crimes Tribunal and trial against them.
The International Crimes Tribunal is holding the trial of crimes against humanity and war crimes committed during the Liberation War. The act was amended last year.
The Jamaat leaders challenged the constitution amendment that empowers the government with sweeping authority to try war criminals by introducing any law regardless of inconsistency with any part of the Constitution.
They said the provisions of the International Crimes (Tribunal) Act, 1973 which have restricted the accused to challenge the formation, proceedings and order of International Crimes Tribunal are unconstitutional.
The petitioners prayed to the HC to rescind the proceedings of complaint petition filed with the International Crimes Tribunal against them on charges of war crimes during the Liberation War and the tribunal's orders against them.
They stated in the petition that this provision of this act has violated the basic structure and supremacy of the constitution.
The HC bench of Justice MA Wahab Mia and Justice Kazi Reza-ul Huq fixed today for hearing on the petition.
Petitioners' lawyer Barrister Abdur Razzaq told reporters the writ has challenged the First Amendment to the Constitution and some provisions of the International Crimes Tribunal Act.
Replying to a question whether they have filed the petition to foil the process of trial of war crimes, he said it depends on the HC verdict.
He added they have filed the petition to establish justice and rule of law.
A pro-Jamaat lawyer told The Daily Star the petition has been filed to stop the trial against the Jamaat leaders on charges of war crimes.
Advocate Tajul Islam, another lawyer for the petitioners, said the petition has challenged the first amendment, which was brought to the Constitution in 1973, including its article 47(A) and 47(3) curtailing the fundamental rights of the armed forces, defence forces, auxiliary forces and prisoners of war who were involved in war crimes, and Sections 3, 6, 19, 20, and 23 of the International Crimes Tribunal Act, 1973.
Quoting the petition he said the two articles of the Constitution and the sections of the Act have damaged the basic features of the Constitution and fundamental rights of the petitioners.