Summons on Nizami, Mojaheed, 34 others withdrawn
May 14, 2009
A Dhaka court on Wednesday withdrew summons on appeal by plaintiffs on former Jamaat-e-Islami chief Golam Azam, incumbent chief Matiur Rahman Nizami, secretary general Ali Ahsan Mohammed Mojaheed, BNP leader Salahuddin Quader Chowdhury and 32 others to appear in court on July 20. Dhaka ninth additional district judge Iftekhar Ahmed retracted the summons he had served on Monday over a civil suit filed last year seeking court orders declaring them ‘war criminals’ and barring them from running elections.
The plaintiffs in the appeal said since the government was initiating the process to try war crimes in 1971 so they were withdrawing the charges.
The 36 were to explain why they should not be declared “war criminals” for the crimes they had committed during Bangladesh’s war of independence from Pakistan in 1971.
State minister for law Kamrul Islam said thanked the plaintiffs for withdrawing the case.
The state can only file such case according to the International Crime (Tribunal) Act for war crimes trial,” he said.
“The confusion is now over after the withdrawal of the case,” the minister said.
The appeal for the case withdrawal said: “We have decided to withdraw the case for the sake of the country and considering that the trial would be more rational if it was held under International Crime (Tribunal) Act.”
The court heard that since it was a trial-related case concerning war crimes there was no need to declare ‘war criminals’.
The trial of the case should be held under the special tribunal related to war crimes, the court further heard.
“It should be a criminal case, not a civil case.”
“The government has already taken steps for war crimes trial. So the case should be withdrawn.”
The state minister said the government was determined to hold the trail.
He said the process of forming a tribunal, appointing investigating agency and lawyers in line with International Crime (Tribunal) Act 1973 would be completed immediately.
Kamrul said the court that accepted the case was mainly a civil court. It had no authority to accept such case.
Such cases were accepted in the criminal courts, he said.
“We will examine why the civil court accepted the case,” the state minister said.
He had said on Monday that there was no need to file cases in court. “The government’s decision to hold the trial will be considered as the first information report.”
Source: The Bangladesh Today
Comments
Got something to say?
You must be logged in to post a comment.