The International Crimes Tribunal on Monday ordered the prosecution to submit the formal charges against the four detained leaders of the Bangladesh Jamaat-e-Islami by November 1.
The tribunal of Justice Nizamul Huq, Justice ATM Fazle Kabir and Judge AKM Zahir Ahmed asked the prosecution to submit by October 4 the report of the investigation against the Bangladesh Nationalist Party's standing committee member, Salauddin Quader Chowdhury MP, on charge of committing war crimes.
In case of failure to complete the investigation against Salauddin, the prosecution will have to submit a report detailing the progress of the investigation on October 4, ordered the tribunal.
As Salauddin was not produced before the tribunal, it ordered its office to send him the copy of the order and the report submitted by the prosecution detailing the progress of the investigation.
The tribunal also rejected for the fourth time the applications filed by the four top Jamaat leaders — its amir Matiur Rahman Nizami, secretary general Ali Ahsan Mohammad Mojaheed and assistant secretaries general Mohammad Kamruzzaman and Abdul Quader Molla — to seek bail.
On July 12 the tribunal, instituted on 25 March, 2010 for the trial of war crimes committed during the War of Independence in 1971, ordered the prosecution to submit the report of the investigation against the four detained Jamaat-e-Islami leaders by August 1.
The chief prosecutor, Golam Arif Tipu, on Monday submitted a report to the tribunal, detailing the progress of the investigation, and sought 90 more days for the submission of formal charges after completing the investigation.
'The investigation is at the fag end but we need some more time to complete it and prepare the formal charges after examining the documents and evidences,' Tipu told the court.
The tribunal asked him whether the prosecution would submit one formal charge against the four Jamaat leaders or four separate formal charges against each of them.
The chief prosecutor replied that separate formal charges would be submitted against each of the four.
Defence counsels Tajul Islam, Munshi Ahsanul Kabir and Fariduddin Ahmed moved the application filed by the four Jamaat leaders to seek bail.
They argued that the accused should be granted bail as the prosecution has failed to submit the formal charges against them even one year after their detention.
They referred to Rule 9 of the International Crimes Tribunal's Rules of Procedure, which says, 'If an accused is in custody during the investigation period, the investigation officer shall conclude the investigation within one year of his arrest under the rules. In case of failure to complete the investigation as specified above, the accused may be released on bail, subject to fulfilment of some conditions imposed by the tribunal. But, in exceptional circumstances, the tribunal, by showing reasons to be recorded in writing, may extend the period of investigation and also the order detaining the accused in custody for a further period of six months.'
The prosecution has also failed to point out and substantiate any 'exceptional circumstances' that may require the continued detention of the accused persons, argued the defence counsels.
They also argued that the accused were religious people and they should be granted bail to facilitate them to fast and perform 'itteqaf' (a religious ritual for which a Muslim devotee sits isolated in prayers) in the Ramadan, which begins today.
They also argued that the accused persons were aged people and needed regular treatment, which is not possible in the prisons.
Opposing the bail prayers, prosecutor Syed Hyder Ali argued that they should not be granted bail as the investigation was at the fag end and as the tribunal had already extended the time for the completion of the investigation.
The investigator has found that a number of people had gone into hiding after the liberation of the country, and the accused persons might do the same if they were granted bail, he argued.
He also argued that the tribunal had earlier rejected their bail prayers and ordered proper medical treatment for them, which can be ensured in jail.
They can also fast and perform itteqaf in the prison, argued the counsel.
Rejecting the bail prayers, the tribunal asked the prison authorities to accord every facility to the four Jamaat leader to enable them to fast and perform itteqaf, if possible.
It also asked the defence counsels to take the help of the prosecutors for ensuring the proper treatment of the accused persons, if necessary.
Source : New Age
