Verdict on Quader any dayTapos Kanti Das
The International Crimes Tribunal – 2 on Thursday deferred its verdict in the war case against detained Jamaat leader Abdul Quader Molla until a later date.
After the lawyers of the two sides completed making their closing arguments in a full court hearing, the presiding judge, Justice Obaidul Hasan, said that the verdict would be delivered for which the date would be set later.
‘We have been keeping judgment CAV’, said the tribunal chairman.
Two other judges, Justice Md Mojibur Rahman Miah and judge M Shahinur Islam concurred.
Better known as war crimes tribunal, the ICT was instituted for the trial of 1971 war crimes suspects.
Curia advisari vult, or ‘CAV’ is a Latin legal term meaning reserving judgment until a subsequent day.
The tribunal kept the judgment pending as the chief defence counsel, Abdur Razzak, completed his closing arguments saying the prosecution was unable to prove its case and sought the acquittal of his client.
Prosecutor Mohammad Ali who completed his closing arguments on Wednesday said the prosecution proved its case beyond any shadow of doubt and sought capital punishment prescribed in the law for the accused.
Quader was in the dock.
The war crimes investigation agency investigated against Quader from July 21, 201 to October 31, 2011 and the prosecution submitted formal charge against him on December 18, 2011 proposing seven charges of crimes against humanity in 1971.
The tribunal on May 21, 2012 indicted Quader for six charges of crimes against humanity committed in Mirpur and Keraniganj in Dhaka in 1971.
Quader became the second war crimes accused in independent Bangladesh awaiting verdict.
The war crimes case against Abul Kalam Azad alias Bachchu also awaits verdict in the tribunal.
The ICT-1, on completion of closing arguments by the two sides in the case against Jamaat leader Delwar Hossain Sayedee on December 6, deferred the verdict.
But following its reconstitution on December 13, ICT-1 is rehearing the closing arguments of the lawyers of both the sides.
All the accused are facing tiral under International Crimes (Tribunals) Act of 1973.
Quader’s trial began on June 20.
His case was transferred to ICT-2 from ICT-1 on April 16, 2012.
The prosecution presented 12 witnesses to testify against Quader and the defence produced 6 witnesses to defend him.
Prosecutor Mohammad Ali took 12 hours to make his closing arguments against Quader concentrating n facts as well as law points.
The defence took 30 hours to make its closing arguments.
Razzaq argued on law points and Abdus Sobhan Tarafder concentrated on demolishing the facts presented by the prosecution.
Razzaq pointed out that the International Crimes (Tribunals) Act, 1973 was enacted to try 195 Pakistan occupation army officers accused of war crimes.
He submitted that no civilians could be tried under this law.
He submitted that in 2009 the government amended the law out of sheer political considerations and Quader Molla was made an accused also out of political considerations.
Razzaq also had submitted that the charges were brought against Quader, 40 years after the occurrence of the crimes without explaining the reasons for the delay.
Sobhan sought to discredit the prosecution witnesses, disprove the prosecution case and prove the defence alibi.
Prosecutor Mohammad Ali had argued that the delay in holdi ng the trials occurred as there was no congenial atmosphere in the country to bring the war crimes accused to book.
He said there was no time bar in the law for trying war crimes suspects.
He said that the accused was not tried out of political reasons but only because of his involvement in 1971 crimes against humanity as an individual or member of a group of individuals and that the law allows trying such offenders.
He also sought to discredit the defence witnesses and destroy the defence alibi and claimed that the prosecution had proved their case beyond any shadow of doubt.
Quader, according to the formal charge, was born in village Amirabad in Faridpur in 1948 and joined Islami Chattra Sangha when he was a student of Rajendra College and formed Al-Badr in 1971.
He was arrested on July 13, 2010 in a case lodged by freedom fighter Amir Hossain Molla with Pallabi police station for committing massacre in Mirpur area during the liberation war in 1971.
Quader was shown arrested in the case on August 2, 2010.
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