Tribunal brings contempt charges
International Crimes Tribunal-2 yesterday initiated contempt proceedings against three top Jamaat-e-Islami leaders for making "provocative and derogatory remarks" about the tribunal.
The three-member tribunal led by Justice Obaidul Hassan also directed the Jamaat leaders to come up with their reply, if they have any, by May 9 as to why they would not be punished for violating section 11 (4) of the International Crimes (Tribunals) Act, 1973.
Section 11 (4) says: "A tribunal may punish any person, who obstructs or abuses its process or disobeys any of its orders or directions or does anything which tends to prejudice the case of a party before it or tends to bring it or any of its members into hatred or contempt or does anything which constitutes contempt of the tribunal..."
The three Jamaat leaders are acting secretary general Rafiqul Islam Khan, central executive council member Hamidur Rahman Azad, MP, and Dhaka city unit assistant secretary general Selim Uddin.
Of them, Selim Uddin was arrested following a warrant of arrest issued by the tribunal, while Rafiqul Islam and Hamidur Rahman are on the run.
"As the explanation given by Selim Uddin does not appear to be satisfactory, and other opposite parties have not turned to the tribunal, we are of the opinion that contempt proceedings under section 11 (4) of the act of 1973 deserved to be initiated," the tribunal said.
The tribunal also fixed May 9 for hearing on the matter and asked the authorities concerned to communicate with Selim Uddin's counsel Tajul Islam for compliance and necessary action.
Tajul was not present before the tribunal yesterday.
Earlier on February 7, the tribunal asked the trio to explain as to why contempt of court proceedings should not be initiated against them for making provocative and derogatory remarks about the tribunal at a public rally on February 4.
The court, on its own, issued the notice on the basis of reports published in The Daily Star and Bangla daily Prothom Alo on February 5.
The Prothom Alo quoted Selim Uddin as saying, "There is no scope for the controversial tribunal to deliver any verdict if the country is to be saved from a civil war."
The daily quoted Azad as saying at the same programme, "This tribunal cannot exist any more."
The Daily Star, in a report headlined "Jamaat warns of civil war", quoted Rafiqul Islam as saying, "Don't push the country into a civil war by delivering one-sided verdicts against our leaders. If anything happens to Quader Mollah, every house will be on fire."
On March 6, the court ordered the police to arrest the Jamaat leaders and produce them before the court for "deliberately avoiding" appearance before the tribunal in connection with a contempt of court ruling.
On March 10, as law enforcers produced Selim Uddin, who was arrested on March 8, before the court, the tribunal asked him to give explanation on March 21 and he gave his explanation through his lawyer Tajul Islam that day.
But Rafiqul Islam and Hamidur Rahman neither appeared before the court nor could police arrest them. As per the court order, Dhaka Metropolitan Police submitted two execution reports, one yesterday, mentioning their inability to arrest them.
If found guilty, the tribunal, as per section 11 (4) of the act, may award the Jamaat leaders simple imprisonment which may extend to one year or with fine which may extend to Tk 5,000 or with both.
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