Quader Mollah
The Supreme Court on Thursday appointed seven senior lawyers as amicus curiae (friend of court) for legal opinions on whether the government’s appeal seeking death penalty for Jamaat-e-Islami leader Abdul Quader Mollah for his crimes against humanity is tenable or not.
The amici curiae are: TH Khan, Mahmudul Islam, Rafique-ul Huq, M Amir-Ul Islam, Rokanuddin Mahmud, AF Hasan Ariff and Ajmalul Hossain, according to Deputy Attorney General Ekramul Haque Tutul.
Earlier in the morning, the Appellate Division disclosed its decision of appointing amici curiae, and asked the government and defence to supply relevant papers to the amici curiae so that they can place opinions before it.
It passed the order during hearing the appeal the government had filed under the amended provision of the International Crimes (Tribal) Act, 1973.
The five-member bench of the Appellate Division headed by Chief Justice Md Muzammel Hossain also adjourned the hearing till July 7 when the court reopens after the upcoming vacation. The SC will go into vacation from June 23.
On February 5, the International Crimes Tribunal (ICT)-2 jailed Abdul Quader Mollah for life term imprisonment after finding him guilty of five wartime criminal offences.
The government amended the ICT act on February 18 clearing its way for filing appeal with the SC against the tribunal’s inadequate sentencing of a convict.
On March 3, the government appealed to the SC seeking death penalty for Mollah for each of the six charges he faced at the tribunal.
The following day, Mollah filed a separate appeal with the SC seeking acquittal from all six charges.
During hearing, Mollah’s lawyer Abdur Razzaq told the apex court that the appeal submitted by the government was not tenable since the amendment was brought to the ICT act after ICT-2 had delivered the verdict against his client.
Attorney General Mahbubey Alam replied that there is no legal bar to the maintainability of the government appeal since the amendment has been brought to the ICT act with a retrospective effect form July 14, 2012.
Source: The Daily Star