Sajeda asked to explain her remarks
The International Crimes Tribunal-2 yesterday asked Deputy Leader of parliament Syeda Sajeda Chowdhury to explain her position by September 10 over a contempt of court petition filed by the defence of war crimes accused Abdul Quader Mollah.
The court also rejected a petition of Jamaat leader Ali Ahsan Mohammad Mojaheed seeking recusal of the tribunal's chairman and its two members for allegedly holding a meeting with two prosecution witnesses.
The three-member Tribunal-2 headed by Justice ATM Fazle Kabir with members Justice Obaidul Hassan and Judge Md Shahinur Islam also completed recording the rest of statement of Amir Hossain Mollah, ninth prosecution witness in Quader Mollah's case.
Moving a recusal [voluntary absence from trial proceedings] petition filed on Sunday, Abdur Razzaq, chief of the defence, yesterday said Shahriar Kabir, first prosecution witness in Mojaheed's case, met the tribunal chairman and its members this month.
Besides Shahriar Kabir, Shaheen Reza Noor, another prosecution witness in the case, and other members of Ekatturer Ghatak Dalal Nirmul Committee and Prajanma '71 met the tribunal chairman and its members, which raised "serious concerns of appearance of bias of the Tribunal-2 against the applicant [Mojaheed]," said Razzaq.
Shahriar is a cousin of martyred intellectual Shahidullah Kaiser and eminent filmmaker Zahir Raihan and the executive president of Ekatturer Ghatak Dalal Nirmul Committee. Shaheen Reza is son of martyred journalist Serajuddin Hossain and is president of Prajanma '71, an organisation formed by the children of martyrs of the Liberation War.
The chairman and the members of the tribunal should refrain from conducting the case against Mojaheed to "ensure an independent and fair trial", Razzaq said.
Prosecutor Syed Haider Ali said as members of martyred family Shahriar and Shaheen met the tribunal chairman and the members to tell them about different logistic constraints and security problems of the tribunal.
Besides, after taking permission they along with a delegation met the judges of the tribunal in presence of the deputy registrar of the tribunal, said the prosecutor, adding, such a meeting could not raise any question about the tribunal's impartiality.
Afterwards, the tribunal chairman in its order said there is no provision of recusal either in the act or in the rules of procedure of the tribunal.
He said Shahriar and others met the tribunal chairman and its members not to talk about any case proceedings but about different logistic constraints and security problems of the tribunals.
The petition was filed without knowing the purpose of the meeting, said the tribunal chairman, adding that mere listening to the delegation "no way constitutes a conflict of interest" and "appearance of bias" and thereby the petition is rejected.
CONTEMPT PETITION AGAINST SAJEDA
Moving a contempt of court petition against Syeda Sajeda Chowdhury, Tajul Islam, a defence counsel of Quader Mollah, yesterday appealed to the tribunal for drawing up contempt proceedings against her for allegedly making statements disrespecting the tribunals.
Tajul said Sajeda at a programme on July 27 said "a couple of alleged war criminals should be hanged in order to prevent them from taking advantage of the legal process".
Quoting a report published in Bangla daily Amar Desh on July 28, Tajul claimed Sajeda had said Razakars did not follow any law while committing crimes against humanity in 1971 and so laws are not needed to be followed in trying them.
Such statements at the time of his [Quader Mollah's] trial amount to a clear and direct interference in the court proceedings, said Tajul.
Later, the tribunal asked Sajeda to give an explanation, if she has any, by September 10 over the petition through her lawyers and it would hold further hearing on the petition that day.
The tribunal, however, exempted Sajeda from her personal appearance. The petition was filed on August 5.
TESTIMONY AGAINST QUADER MOLLAH
Amir Hossain Mollah, a freedom fighter and ninth prosecution witness in Quader Mollah's case, completed his testimony and is set to face cross-examination of the defence on September 2.
Amir started his testimony on Sunday when he said the Jamaat leader had directly taken part in the killing of around 400 people at Alubdi of Pallabi in Dhaka during the Liberation War.
He said the Jamaat-e-Islami assistant secretary general along with the Pakistani army opened fire on the people of Alubdi on April 24, 1971.
Amir yesterday said 21 of his relatives including his maternal uncles were killed that day.
He said after Victory on December 16, 1971, under the leadership of Quader Mollah, 700-800 Al-Badr members and Punjabis took shelter at Mirpur with the Biharis and tried to turn Bangladesh into Pakistan again.
Amir was even injured in a battle with the Pakistan army and Al-Badr members on December 18, 1971, said the witness, adding that Mirpur was freed on January 31, 1972.
On May 28, the tribunal indicted Quader Mollah with six charges of crimes against humanity, including murders and mass killings.
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