BartaBangla Report :: Attorney General Mahbubey Alam on Monday said that the hearing on appeals filed against the International Crimes Tribunal verdict sentencing life term imprisonment to Jamaat-e-Islami leader Quader Mollah for war crimes is likely to end Tuesday.
The chief state counsel was talking to reporters at his office Monday.
He said that the hearing on the appeal may end on Tuesday with his argument as the defence counsel.
Earlier in the day, Barrister M Amir-ul Islam and Hassan Arrif submitted their opinions as the amici curiae before the five-member bench of the Appellate Division headed by chief Justice Md Muzammel Hossain.
Arrif told the apex court that the amended ICT Act, 1973, which paved the way for the government to file appeals against “inadequate or any sentences” in war crimes cases, is legal. But, the amended act would not be applicable to the convicted Jamaat leader Abdul Quader Mollah as the Act was amended 14 days after the verdict was announced, he added.
After the completion of the amici curiae opinions the chief defence counsel Barrister Abdur Razzaq took part in the final hearing on the appeal.
He said that the government appeal could not be applicable in Quader Mollah case as it wasn’t filed before the apex court in accordance with the law.
Citing an example he said the government appeal seeking death penalty for Mollah is not acceptable since the government brought an amendment to the law that allowed such appeal only after the conviction of Mollah.
But, attorney general Mahbubey Alam said that there was no legal bar to maintain the government appeal as the amendment has been brought to the International Crime Tribunal with effective from July 14, 2012.
The Appellate Division bench of the Supreme Court on June 20 appointed seven amici curiae (friends of the court) for legal opinion on two issues — whether the trial of war crimes falls under the purview of the international customary law, and whether the amendment of the ICT Act on February 17 can come into effect from July 14, 2009.
The seven amici curiae are: TH Khan, Mahmudul Islam, Rafique-ul Huq, M Amir-Ul Islam, Rokanuddin Mahmud, AF Hasan Ariff and Ajmalul Hossain, QC. Except for AF Hassan Ariff, all the amici curiae have already submitted their opinions to the apex court.
On February 5 this year, International Crimes Tribunal-2 handed down life imprisonment to Quader Mollah on charges of committing crimes against humanity during the Liberation War in 1971.