War trial verdict delayed further
Verdict in the war crimes case against Jamaat-e-Islami chief Motiur Rahman Nizami is likely to face further delay as health of the 71-year-old accused was “yet to be stable”.
“His health has improved slightly but yet to be stable” AKM Nasiruddin Mahmud, registrar of the international crimes tribunals, told The Daily Star yesterday citing Nizami's latest health report.
Following an order of the International Crimes Tribunal-1 on Tuesday when Nizami's verdict was postponed “due to his illness”, the Dhaka Central Jail authorities submitted the health report to the registrar's office at 3:00pm yesterday.
“The jail authorities will send another report once his [Nizami's] health becomes stable, and the tribunal will take the next step then,” Mahmud, also the spokesperson of the tribunals, added.
The International Crimes Tribunal-1 on Tuesday postponed Nizami's verdict as the three-member tribunal led by Justice M Enayetur Rahim found it “irrational to deliver judgement in absence of the accused”.
Nizami, a former minister in the BNP-led four-party government, faces 16 charges including genocide committed during the Liberation War in 1971. He however pleads not guilty before the court.
Unlike any other war crimes cases, Nizami's trial has taken around four years, including pre-trial investigation, thanks to the defence's “dilatory tactics”, the prosecution's “lack of preparation” and long vacancy in the chairman post of the tribunal-1.
Investigation into Nizami's role during the Liberation War began in July 2010 along with that of his three political colleagues -- Ali Ahsan Mohammad Mojaheed, Abdul Quader Mollah and Muhammad Kamaruzzaman -- and charges were pressed against them in December 2012.
Interestingly, the trial of Mojaheed, Quader Mollah and Kamaruzzaman had completed and verdicts in the cases against them were delivered on February 5, May 9 and July 17 last year.
Even the appeals against verdict in Mollah's case was disposed of by the Supreme Court and he was executed in December last year. Appeals in the cases against Mojaheed and Kamaruzzaman are now pending with the apex court.
But, the scenario in Nizami's case was different.
Against the backdrop of repeated failure of the defence to appear before the court for placing arguments, the tribunal-1 on November 13 last year concluded the case and kept it waiting for verdict.
The court, however, allowed the defence to place arguments later and the trial finally ended on November 20.
In January this year, the then chairman of tribunal-1 Justice ATM Fazle Kabir retired without delivering the judgement. The tribunal was reconstituted on February 23 with Justice Rahim as its chief.
The new chairman decided to hear the arguments again and after hearing the arguments from both the prosecution and the defence, the court on March 24 kept the case waiting for verdict for the second time.
The tribunal on Monday fixed Tuesday for delivering the verdict in the case. But, the court for the third time kept the case waiting for verdict for an indefinite period due to Nizami's “sickness”, prolonging justice seekers' decades-long wait.
Comments