Mir Quasem's review verdict tomorrow

Hearing on a petition seeking review of his death penalty awarded by the apex court ended yesterday. Later the five-member appeals bench led by Chief Justice Surendra Kumar Sinha fixed the date for pronouncing the judgement. Khandker Mahbub Hossain, chief counsel for the Chittagong al-Badr commander during the Liberation War, told the court that the prosecution had failed to prove the allegations against his client. He placed arguments on the charge related to the abduction and murder of teenage freedom fighter Jasim in 1971, which earned the Jamaat-e-Islami leader the death sentence at the appeals stage. He prayed to the court, if possible, to award him “light sentence” on the charge claiming that Quasem had not been the principal offender. On the other hand, Attorney General Mahbubey Alam said that the death penalty should be upheld. However, the court yesterday again expressed its dissatisfaction over incompetence of the International Crimes Tribunal prosecutors in conducting the case. It said if the prosecutors had discharged their duties perfectly, the Appellate Division would have uphold death sentences in two counts. The war crimes tribunal sentenced Quasem, now 64, to death on November 3, 2014 on two charges including killing of seven people after abduction in Chittagong, and gave him a total of 72-year imprisonment on eight other proven charges of abduction, conspiracy and planning. Later, the Appellate Division upheld the death sentence in one count on March 9. The war criminal sought review of the verdict after the apex court published the full verdict and the tribunal issued death warrant on June 6. The defence was more than two months for preparation, and the hearing finally began on August 24. After the hearing was concluded yesterday, the attorney general shared the court's concerns with the reporters. The court observed that the conducting prosecutors and the chief prosecutor should not hold their posts due to incompetence in dealing with the case. “The chief justice also expressed dissatisfaction as the law minister did not take action against the tribunal prosecutors as per the appeal verdict's observation.” “Why don't you appoint efficient prosecutors [at the tribunal]? ... Appoint good ones. Where is the problem in spending money [to recruit good ones]?” Chief Justice SK Sinha asked Mahbubey. In reply, the attorney general said: “There are competent prosecutors. The concern is why they [incompetent ones] were appointed in this case to represent the state.” In Mir Quasem's case, Tribunal's chief prosecutor Golam Arif Tipoo led a team of prosecutors Rana Das Gupta, Zead Al Mamun, Sultan Mahmud Simon, Tureen Afroz, Razia Sultana and Tapash Kanti Pal. Of them, Zead Al Malum and Sultan Mahmud took part in the witness deposition and cross-examination parts. The Appellate Division mainly criticised the duo for their incompetency. The attorney general told the court that he would inform the law minister about the court's opinion of punishing the incompetent prosecutors. At the appeals stage, the Appellate Division had criticised the tribunal's investigators for their inability to deal with the case properly. Quasem, who is a top financier of the party that opposed the Liberation War, was a key player behind the formation of notorious al-Badr force in Chittagong. He set up makeshift torture camps at different places in the port city including Daleem Hotel in Andorkilla area. He was known as “Bangali Khan” (Khan referred to as Pakistani occupation forces) for his atrocities. According to the government, Quasem has also spent a large amount of money to appoint US-based lobbyists to make the war crimes trials controversial. The apex court earlier asked the government to file a case in this regard. If the review petition is rejected, there will be no legal bar to execute the war criminal.