Order on Mojaheed indictment June 21
The International Crimes Tribunal-2 will decide on June 21 whether it will indict Jamaat-e-Islami leader Ali Ahsan Mohammad Mojaheed for his alleged involvement in the crimes against humanity committed during the country's Liberation War.
The three-member tribunal led by Justice ATM Fazle Kabir with members Justice Obaidul Hassan and Judge M Shahinur Islam set the date yesterday after both the prosecution and defence counsels completed their arguments on two petitions of the prosecution.
Of the two petitions, one was for bringing an additional charge against the detained Jamaat secretary general and the other for an additional witness in the case against Mojaheed, which was filed May 29.
The tribunal will pass an order regarding the petitions on the same day--June 21.
At present Mojaheed is facing 32 charges, which include his alleged involvement in the killings of freedom fighters and intellectuals.
Both the prosecution and the defence completed their arguments over the charge framing hearing against the former minister of a BNP-led government on May 30.
Arguing over prosecution's petition for inclusion of additional charge, Abdur Razzaq, chief of the defence counsels of detained Jamaat leaders, yesterday said the inclusion of a charge meant the “amendment of formal charges” submitted by the prosecution.
“There is no provision neither in the act [International Crimes (Tribunals) Act-1973] nor in the rules of procedure of the tribunal, which allows amendment of formal charges”, he said.
International Crimes Tribunal has been operating as per the International Crimes (Tribunals) Act-1973.
Replying to the defence's argument, Prosecutor Rana Dasgupta said the tribunal might allow the petition applying its “inherent power” for the “sake of justice.”
The prosecution earlier said that following further investigation, the investigation officer found Mojaheed's involvement in an incident of "genocide" in Faridpur during the war, and filed the petition for inclusion of the additional charge along with seven witnesses to support the charge.
On the other petition seeking additional witness, defence counsel Razzaq said as per the act, the prosecution could bring additional witness only after the commencement of trial.
“But we are now at the stage of charge framing hearing. Trial will start only after farming of charges”, he said, appealing that the petition be rejected, as the trial was yet to begin.
The prosecution, however, argued that the trial already started with the submission of formal charges against the accused on January 16.
Mojaheed was produced in court yesterday.
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