Death-row convict Nizami’s top lawyer refutes AG’s claim

Wednesday was the ninth day of the hearing in which Nizami’s lawyers concluded their arguments.

The attorney general, representing the State, will present his arguments on Dec 7.

Alam told reporters after Wednesday’s hearing that Nizami’s chief counsel Khandker Mahbub Hossain had made the admission towards the end of the defence argument.

The attorney general had said: “From their submission, it appears to me that it is for the first time that the lawyers for any convicted Jamaat leader have confessed to the crimes committed during the 1971 Liberation War and appealed simply for commuting the death sentence.”

Khandker Mahbub Hossain

But Khandker Mahbub rubbished the claim while talking to journalists. “Have we gone mad?” was his irate reaction.

He said they had only appealed to the Supreme Court to commute Nizami’s death sentence considering his age and health.Alam had quoted Khandker Mahbub as saying in court, “It’s a historical fact that people were killed and the then Jamaat abetted (Pakistanis and local Bengali collaborators) in these (killings). Motiur Rahman Nizami had supported these [acts] out of conviction.”

“In the end, Khandker Mahbub appealed to the court saying that even if Nizami had committed these crimes, his death sentence should be commuted considering his age,” the attorney general said.

“That’s my take on what I’ve gathered from the hearing,” he added.

But, Khandker Mahbub claimed the testimonies and evidence placed by the State ‘had failed to prove’ Al-Badr commander Nizami’s crimes.

“At the end (of the hearing), we told the court that even if it feels any of the charges against him (Nizami) had been proven, he would still be eligible for a lighter punishment, given his age and health,” added Khandker Mahbub.

Nizami, a 72-year old former minister, was the president of the Jamaat’s student front and headed the notorious Al-Badr militia, formed to collaborate with the Pakistani occupation army in wanting to abort Bangladesh’s birth.

The International Crimes Tribunal on Oct 29 last year? sentenced him to death for leading the execution of intellectuals, mass killings, rape, loot, abduction and torture in 1971.

According to the verdict, he was directly involved in the killing of intellectuals and organising the Razakar Bahini and Shanti Committee.

Nizami denied the charges and challenged the verdict in the Appellate Division on Nov 23.

So far, the top appeals court has resolved seven pleas by five Jamaat leaders and two of the BNP.

Four of the convicts have been executed, while another given life imprisonment. Two others died during the trial.

But no-one had admitted to their crimes.

Attorney General Mahbubey Alam

The attorney general on Wednesday said, “This is the first time in Jamaat (leaders’) cases, I found defence lawyers making a clear statement in admission of the crimes.”Reacting to Mahbubey Alam’s remarks, Khandker Mahbub, who is an advisor to BNP chief Khaleda Zia, said, “From what I’ve heard on TV, the comments by the attorney general are irresponsible and are a result of his ignorance of criminal law.”

When asked whether they had admitted to their client’s crimes, Khandker Mahbub said, “That is out of the question.”

If that had happened, “we would not have continued with the case”, he said.

Khaleda had made Nizami a Cabinet minister in her 2001-06 term.

The war crimes tribunal had observed in its verdict that making him a minister amounted to insulting millions of martyrs.

Regarding their argument, Khandker Mahbub said, “I felt that the court today (Wednesday) has taken cognisance of many of the points we made.”

“Based on that, we believe (Nizami’s) acquittal on most of the charges is possible. Even if he is punished, we don’t think it will the maximum penalty.”

However, Attorney General Alam said, “Nizami was handed death penalty on four charges. I don’t believe he will be acquitted.”

But he added lawyers are not the ones to predict court decision.

Source: bdnews24