The government has taken an initiative to amend the International Crimes (tribunals) Act, 1973 again, one year after the previous revision, with a view to try Jamaat-e-Islami as an organisation for its role during the 1971 Liberation War.
Draft of the proposed law is almost complete and it may be placed in the cabinet meeting next month.
No officials concerned agreed to speak on the issue on record terming it “very sensitive.”
From the beginning of the trial of alleged war criminals, there was doubt about trying any organisation under the Act. In February last year, the government passed an amendment to the law in parliament paving way to bringing any group or organisation, apart from only individuals, to book for committing crimes against humanity.
However, the amendment was questioned since the law did not have any specific provision of punishment.
In the meantime, the investigation agency of the tribunal conducted probe into the allegations against Jamaat and submitted the report to the prosecution. Chief Prosecutor Golam Arif Tipoo formed a seven-member team which almost completed preparing formal charges against the “criminal organisation.”
The prosecution was set to seek to the International Crimes Tribunal for ban, fines and confiscation of property of the party, its associate bodies and other organisations.
But their work stopped after the law minister and later the prime minister said trying Jamaat was not possible right now due to legal complications.
Law Minister Anisul Huq said the Act did not allow trying any organisation. He also said it would not be right to start legal procedure against Jamaat for crimes against humanity since an appeals case over Jamaat’s party registration was pending with the Appellate Division for disposal.
The minister said the government wanted to wait until the registration case was solved.
The High Court in August last year cancelled the registration of the Jamaat since its party charter was contradictory with the country’s constitution and the election laws. Later Jamaat filed an appeal against the order.
When contacted, the minister yesterday declined to comment on the matter. Anisul told the Dhaka Tribune that he would brief journalists about the issue after the budget session ended.
Prosecutor Shahedur Rahman said since the Law Ministry had realised that the Act needed amendment, “then it is obvious that they have started working on this. There is no ground to delay. We hope to get an amendment with clear directives about the punishment matter.”
A senior official of the Law Ministry seeking anonymity said the government wanted to try Jamaat under the Act and to the changes are necessary to avoid any controversy afterwards.
Law Ministry sources confirmed that the proposed law was with the drafting department and the officials were scrutinising which part of the law needed to be amended.
However, a group of prosecutors are confident that it is possible to try Jamaat under the present framework. Prosecutor Tureen Afroz thinks the ambiguity has already been solved.