Abdul Quader Mollah.
Two senior legal experts think the amendment to the international crimes tribunal law that cleared the way for the government to challenge inadequate sentence is applicable in the case of convicted Jamaat leader Abdul Quader Mollah.
Rafique-Ul Huq and M Amir-Ul Islam as amici curiae (friends of court) made the opinion to the Supreme Court in their written statements.
The counsels however differed on whether customary international laws are applicable for the international crimes tribunals constituted under Bangladesh’s International Crimes (Tribunals) Act, 1973.
Huq said there is no scope under any circumstances to apply customary international law in the context of the Bangladeshi law.
Islam opined it would be applicable because the act was formulated on compiling customary international laws.
The apex court’s Appellate Division earlier questioned whether the amendment to Section 21 of the act is applicable in the case of Quader Mollah and whether the customary international laws are applicable to the tribunals.
Quader Mollah’s lawyer Abdur Razzaq earlier argued before the SC that the appeal seeking death penalty for his client is not acceptable since the government brought the amendment to the law after the International Crimes Tribunal-2 convicted and sentenced him in a case.
He also argued that customary international laws should be applicable in holding trial of the crimes against humanity cases.
The ICT-2 convicted Quader Mollah and sentenced him to life term imprisonment on February 5 for committing crimes against humanity during the country’s Liberation War in 1971.
The government brought amendment to Section 21 of the International Crimes (Tribunals), 1973 on February 18 with retrospective from July 14, 2009 clearing the way for filing an appeal with the SC against the tribunal’s any inadequate sentencing of a convict.
On Monday, Advocate Moulvi Wahed Ullah read out the 25-page statement of Rafique-Ul Huq, while Amir-Ul Islam read 47 pages from his 55-page statement before the Appellate Division.
The five-member bench of the Appellate Division headed by Chief Justice Md Muzammel Hossain fixed Tuesday for further hearing of the expert opinions from the amici curiae.
The apex court on June 20 appointed seven senior lawyers as amici curiae to assist it in dealing with the government appeal.
The five other amici curiae are TH Khan, Mahmudul Islam, Rokanuddin Mahmud, AF Hasan Ariff and Ajmalul Hossain.
Source: The Daily Star