Debate surfaces again whether there is any scope for filing a review petition against the Supreme Court verdict that yesterday upheld the war crimes tribunal’s death sentence handed down to Jamaat-e-Islami leader Kamaruzzaman.
After the verdict was delivered, the defence said it would file a review petition after getting the full copy of the judgement. On the other hand, Law Minister Anisul Huq said there was no scope of review since the petition for filing a review had been cancelled in the case of executed war criminal Quader Molla.
“As per law, the verdict must be expected within 21-28 days after pronouncement,” the law minister said at his residence yesterday.
Arguments and counter-arguments dominated earlier too when the apex court gave death sentence to war criminal Abdul Quader Molla on September 17 last year.
On that day, a five-member bench of the Appellate Division headed by Chief Justice Md Muzammel Hossain revised the tribunal’s life-term imprisonment, sentencing Molla to death.
After the full text of the verdict was released, the tribunal issued death warrant for the Jamaat leader on December 8. However, as the Dhaka Central Jail authorities were preparing to hang him on December 10, Molla’s counsels rushed to the chamber judge and got a stay order on the execution until 10:30am the next day, saying that they would seek a review of the death sentence.
On December 11, the Appellate Division bench received two review petitions – one of which challenged the death sentence. The petitions were rejected the following day clearing the way for executing Molla.
The full copy of the judgement on Molla’s review petition is yet to be published, Supreme Court sources say. As a result, the decision of the apex court in the this regard is still unknown.
Some law professionals say Kamaruzzaman has the right to file the review petition as per article 105 of the constitution.
The provision states: “The Appellate Division shall have power, subject to the provisions of any Act of Parliament and of any rules made by that division, to review any judgement pronounced or order made by it.”
Attorney General Mahbubey Alam yesterday said: “I do not think there is scope to file a review petition. The International Crimes (Tribunals) Act of 1973 is a special act and there is no provision for filing a review plea.”
Defence counsel Tajul Islam said: “Once we file the review petition, there will be a hearing and the judges may decide its fate either way. The petition may be scrapped if it is not maintainable.”
He said filing a review was a constitutional right. “The prosecution has been saying that a review is not possible after the apex court verdict. But there was a review in Quader Molla’s case.”
Kamaruzzaman’s elder son Hasan Iqbal said: “We did not get justice. We will file a review petition as soon as the copy of the verdict is available.”