The Appellate Division of the Supreme Court adjourned till Sunday the hearing on a review petition filed by death-row convict war criminal Mir Quasem Ali challenging his death sentence.
A five-member panel headed by Chief Justice Surendra Kumar Sinha began hearing the review petition yesterday morning but it was adjourned as the defence counsel repeatedly sought time for preparation.
The court granted the defence four days rejecting a three-week time petition. The bench also expressed anger at Mir Quasem's chief counsel Khandaker Mahbub Hossain for seeking time repeatedly despite being warned previously.
On July 25, the court granted Quasem one month following a time petition on the “preparation” ground. That day the court said that they would not entertain any such petition in future.
Yesterday, when the fresh time petition was placed, the chief justice said that the ground of the petition was not acceptable.
The hearing started around 9:35am with Mahbub submitting on behalf of the Jamaat-e-Islami leader. The adjournment petition mentioned that the senior lawyer could not take “preparation to place arguments” as his assistant, Mir Quasem's son barrister Mir Ahmed Bin Quasem, had been “picked up by law enforcers.”
According to family sources, Ahmed was picked up by plainclothes police from his house at Mirpur DOHS around 10:50pm on August 9. However, local police station and DMP authorities said that they had no idea about the arrest.
The International Crimes Tribunal sentenced al-Badr commander Quasem, now 64, to death on November 3, 2014 on two charges including killing seven people after abduction in Chittagong. Known as “Bangali Khan” for atrocities, Quasem was also awarded a total of 72-year imprisonment on eight other proven charges of abduction, conspiracy and planning.
Later, the Appellate Division upheld the tribunal’s death sentence. The death warrant against Quasem was issued on June 6 after the apex court released its full verdict. As the convict filed a plea seeking review of the verdict, the court set June 21 for the hearing.
The hearing date was first deferred until July 25 and then until yesterday based on time petitions.
In 1967, Quasem joined Islami Chhatra Sangha, then student wing of Jamaat, while studying at Chittagong Collegiate School. He later became its Chittagong city unit general secretary. He played an important role in forming al-Badr Bahini during the war.
He had set up makeshift torture camps at different places in the port city during the country's struggle to birth in 1971 liberation war. According to the government, Quasem has also spent a large amount of money abroad to make the war crimes trials controversial.
Mahbub adamant
“My brother, the judge is here. He had fixed a date … You got total six months' time. Again you filed a time petition on July 25,” the Chief Justice said.
“We granted the time. But there is no law for review. Though, there is a constitutional barrier here, we normally let filing of a review petition. Because, it is a practice and norm. You know, in review, scope of arguments is limited.”
BNP leader Mahbub, who has defended war criminals belonging to Jamaat and BNP at the apex court, kept on insisting for the adjournment.
The court replied: “Sorry, we are extremely sorry.”
Mahbub then expressed helplessness saying that he had no case dockets with him to start the arguments. “I have nothing here … no dockets. Those are with his son [Ahmed Bin Quasem]. Some men picked him up … he is a counsel of this case,” he said.
The court replied: “We will not go beyond the verdict [delivered by Appellate Division]. Where is the advocate on record? Advocate Shahjahan [Quasem's lawyer] is here, you [Mahbub] are here.”
When the judges asked for the paper book to commence the hearing, Mahbub said that he did not have it with him.
“You had the paper book with you the other day. Why not today?” asked the chief justice.
Mahbub claimed that the paper book was taken away and he thought that Mir Quasem's son would come appear with it before the hearing. Mahbub went to Ahmed's residence for someone to get the dockets.
“Even if he [Quasem's son] was in jail I could ask him where he has kept the dockets in his house. But he is not in any jail,” he insisted.
The court then said: “You sought time the other day and we granted. The state counsels opposed but we did not even hear them.”
The chief justice then passed his paper book on to Mahbub, and said: “Now start hearing.”
But Mahbub was adamant not to start the arguments and again sought one week adjournment. The court then said: “I do not understand why you are doing this.”
An irritated chief justice said: “I know you for the last 40 years. We know about your [expertise] on war crimes cases. I showed you due respect. We hope you will preserve your self respect.”
Attorney General Mahbubey Alam then passed on his paper book to the dais where Mahbub was speaking, but Mahbub refused to take it saying he would not need it.
The Chief Justice then said: “You may start. I know you have a good retentive power.”
Mahbub then said that he would place arguments on one charge in which Quasem's death sentence had been upheld by the apex court.
Mahbub started with a few words and the chief justice said: “This is considered as partly heard. This item will be on the top of Sunday's cause list.”