Ruling today on Justice Nizamul's eligibility
The International Crimes Tribunal will today pass an order as to whether Justice Md Nizamul Huq is eligible to conduct the trial of Jamaat-e-Islami leader Delawar Hossain Sayedee on war crimes charges.
A two-member tribunal, headed by Justice ATM Fazle Kabir, fixed the date yesterday after concluding hearing of Sayedee's petition seeking that Justice Huq, chairman of the tribunal, voluntarily abstain from the proceedings of the case against him.
Sayedee, nayeb-e-ameer of Jamaat, is now detained on charges of war crimes. He faces 20 charges of crimes against humanity including genocide, rape, murder, arson and looting committed during the 1971 Liberation War.
In his petition filed on October 27, Sayedee said Justice Huq might be biased in conducting the trial, as Huq was a member of the People's Enquiry Commission, which had investigated allegations of war crimes against him in 1993.
The people's commission had also probed allegations of war crimes against some other top Jamaat and BNP leaders, sources said.
Justice Huq was not in the courtroom during yesterday's hearing.
On Sayedee's behalf, more than 50 pro-BNP Jamaat lawyers including former parliament speaker Jamiruddin Sircar, former law minister Moudud Ahmed, Jamaat Assistant Secretary General Abdur Razzaq, Supreme Court Bar Association President Khandker Mahbub Hossain and its Secretary Bodruddoza Badal were present.
Of them, Abdur Razzaq, Moudud Ahmed and Khandker Mahbub Hossain argued before the tribunal for passing an order directing Justice Nizamul Huq to abstain from the proceedings.
Razzaq said his client would not get justice if Huq conducts the trial.
Prosecutors Syed Haider Ali and Mohammad Ali, however, vehemently opposed the petition, saying such a petition cannot sustain. They argued that there was no provision that the tribunal could pass orders by the tribunal asking its chairman or any other member to abstain.
They prayed that the tribunal summarily reject the plea.
Sayedee was present during the hearing that started around 10:40am.
Earlier in the morning, some lawyers were seen engaged in a heated argument with the security personnel as they initially refused to allow more than 15 counsels in the courtroom.
Tribunal Registrar M Shahinur Islam told The Daily Star that his office usually allows 15 defence lawyers. But yesterday they allowed all of Sayedee's lawyers to avoid any untoward situation.
The government on March 25 last year formed the three-member tribunal headed by Justice Nizamul Huq. The two other members are Justice ATM Fazle Kabir and Justice AKM Zaheer Ahmed.
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