After the completion of rebuttal by the prosecution, the International Crimes Tribunal 2 yesterday kept the war crimes case against Syed Mohammad Qaisar awaiting verdict, which means the judgement would be delivered any day.
The tribunal also sent the accused to jail cancelling his bail which was awarded a year back. The former Jatiya Party state minister was indicted on February 2 on 16 charges of crimes against humanity he had allegedly committed in Habiganj and Brahmanbaria during the 1971 Liberation War.
With this, five cases are awaiting verdict at the two tribunals.
The defence ended closing arguments in the case on Tuesday.
The prosecution yesterday placed their rebuttal and demanded death penalty for the accused, who allegedly had played dragon-type role by forming “Qaisar Bahini” to assist the Pakistani occupation forces to commit atrocities.
The tribunal said: “Hearing of this case has now come to an end. We have to prepare the judgement, and for this, we need some time. So we are keeping the verdict on CAV [a Latin term that means court awaits verdict] and also cancelling the bail for the accused.”
During the hearing, prosecutor Rana Dasgupta and Tureen Afroz submitted on the queries of the tribunal including the investigation process. Tureen completed her rebuttal part by touching three issues – defence theory of the case, evaluation of evidence and whether “Qaisar Bahini” was a myth or real.
Terming Qaisar a “gang leader” of collaborators, the prosecutor said the accused must be found guilty for the atrocities committed by him as well as by his force.
During the arguments, defence counsel SM Shahjahan claimed that the accused had not been present at any crimes scene and that there was no “Qaisar Bahini.” After yesterday’s proceedings, he told journalists that as the prosecution had failed to prove the case, the defence did not even submit any witness.
Qaisar from Itakhola village at Madhabpur in Habiganj contested the 1970’s election as an independent candidate but was defeated.
After the independence, he fled and on his return in 1978 Qaisar was elected an MP in the 1979 election as an independent candidate and later joined the BNP. Later he joined the Jatiya Party and was elected from Habiganj 4 in 1986 and 1988 elections. He was made the state minister for agriculture during HM Ersahd’s regime.
Bail cancelled
After the end of prosecution’s rebuttal part, the tribunal asked the defence whether they wanted to submit anything. Since the defence denied, the tribunal kept the case on CAV and cancelled bail of the accused.
The defence then came forward with a bail petition and said they had something to say. The tribunal then said: “We asked you earlier but you denied.” Shahjahan then answered: “We thought you were asking about placing submission against rebuttal.”
Earlier, prosecutor Rana Dasgupta told the tribunal that Qaisar was not as sick as he tried to show. Upon a bail petition, the tribunal last year sought report of jail authorities on Qaisar’s health.
Before granting him the bail, the tribunal said: “It appears that the accused is an old man facing different complications and he is incapable to move independently...We are inclined to enlarge him on bail on health grounds.” The tribunal also gave him some conditions.
Cancelling the bail, the tribunal yesterday said: “We are cancelling the bail of the accused. We are sending him to prison as we did in the case of Abdul Alim.”
The prosecution told journalists that since Alim had not been given capital punishment for his old age, Qaisar tried to show his complications before the tribunal.
2nd day argument in Azhar case
The prosecution in the trial against Jamaat-e-Islami leader ATM Azharul Islam yesterday claimed that the accused had abetted and facilitated the killings of at least 14 unarmed civilians at Moksedpur Dhap Para of Rangpur on April 16, 1971.
At the tribunal 1, prosecutor Tapos K Baul argued on charge number two and the tribunal adjourned the session until today.
Meanwhile, the same tribunal set September 14 for pressing formal charges against three war crimes suspects – Sirajul Haque alias Siraj Master, Abdul Latif Talukder, Khan Akram Hossain.
The tribunal extended the time upon a three-week time petition by the prosecution. Yesterday was set for submitting final investigation report against the suspects.