Quader Mollah Appeals
SC concludes hearing today
The Supreme Court is likely to conclude the hearing on the appeals of war crimes verdict against Jamaat leader Abdul Quader Mollah today, as the defence counsel and amici curiae wrapped up their arguments yesterday.
Attorney General Mahbubey Alam will place his closing arguments today.
"I hope that the Supreme Court will wrap up the proceedings of the case against Abdul Quader Mollah tomorrow (today) through conclusion of my arguments. Then we can wait for the judgment," the attorney general told reporters at his office after the court concluded yesterday's proceedings.
In his closing arguments yesterday, Abdur Razzaq, chief defence counsel for Quader Mollah, said the government's appeal seeking death penalty for Mollah was not acceptable under the amended International Crimes (Tribunals) Act, 1973, since the amendment was passed after the International Crimes Tribunal-2 had convicted his client of war crimes charges.
The prosecution had placed poor evidence and documents in the case against Quader Mollah, and therefore, he could not be punished in this case, he argued.
Razzaq, however, said the SC had inherent power to enhance or reduce the sentence given by any court to a convict.
The customary international laws were applicable for trying the accused in the cases filed for crimes against humanity during the country's Liberation War in 1971, he added.
Earlier in the day, amicus curiae (friend of court) AF Hasan Arif told the apex court that the amendment to the International Crimes (Tribunals) Act, 1973, which clears the way for challenging inadequate sentences of convicts, was not applicable to the case of Quader Mollah, as the amendment was made after the tribunal had delivered a verdict against Mollah.
Five amici curiae -- Mahmudul Islam, Rafique-Ul Huq, M Amir-Ul Islam, Rokanuddin Mahmud, and Ajmalul Hossain -- opined that the amendment was applicable to the case of Mollah whereas another amicus curiae TH Khan differed on the issue.
On February 5, ICT-2 jailed Mollah for life for committing five crimes during the Liberation War.
The government filed the appeal on March 3 seeking death penalty. The convict filed another appeal the following day seeking acquittal.
A five-member bench of the Appellate Division of the SC headed by Chief Justice Md Muzammel Hossain held the hearing on the appeals for about 35 days.
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