The High Court has refused to entertain a writ petition filed by convicted war criminal Salauddin Quader Chowdhury's wife, challenging the constitutional provision which allows the trial of an individual in war crimes offenses.
The HC bench of Justice Tariqul Hakim and Justice Farid Ahmed Shiblee removed the petition from the cause list on Monday, a day before the Supreme Court is set to hear the BNP leader's review petition.
The HC bench reasoned that hearing the petition would only be a waste of time as the High Court had already issued a verdict on the issue in 2010 and the Appellate Division of the Supreme Court had also given its judgments on several war crimes cases, said Deputy Attorney General Amatul Karim.
The petitioner can go to another bench if they want, the lawyer told reporters.
Farhat Quader Chowdhury, wife of the death row war criminal, filed the writ petition on November 2, challenging both the 15th Amendment to the Constitution and the International Crimes Tribunal.
Read more: SC confirms death for SQ Chy
She also challenged the legality of the appointment of the first three judges of the International Crimes Tribunal – Justice Md Nizamul Huq, Justice ATM Fazle Kabir and former district judge AKM Zaheer Ahmed, who were involved with the trial proceedings of her husband.
She also prayed to declare their appointments and as well as the constitutional provision illegal and unconstitutional.
The government appointed them by issuing a gazette notification on March 25, 2010.
Read also: Full text of SQ Chy, Mujahid verdicts released
The BNP leader was awarded death penalty by the International Crimes Tribunal on October 1, 2013 for crimes against humanity during the 1971 Independence War.
The Appellate Division upheld maximum punishment for the Former MP from Chittagong’s Raozan on July 29, 2015.
The Apex Court on September 30 released the full verdict and the tribunal on October 1 issued death warrants against him.
Salauddin filed his review plea on October 14.
Take a look: Mujahid, SQ Chy get 15 days
If the review pleas are rejected, the convicts will get the scope to seek presidential clemency admitting the crimes.
Earlier, Jamaat leaders Abdul Quader Molla and Mohammad Kamaruzzaman were executed by the government after completing the legal proceedings. Jamaat guru Ghulam Azam died in prison following conviction while senior leader AKM Yusuf died during the trial period.