State-appointed defence lawyer Md Amir Hossain, representing Mahbubul Alam Hanif and three others, told the International Crimes Tribunal (ICT) that the accused should not face trial merely because they belong to the Awami League.
He made the remark on Tuesday at the end of the prosecution’s opening statement in the crimes against humanity case over the killing of six people in Kushtia during the July uprising. The hearing took place before the two-member ICT-2 bench headed by retired District and Sessions Judge Md Manjurul Bashid. Prosecutor Mizanul Islam presented the opening statement.
The tribunal began proceedings at 11:05am. The prosecution outlined the allegations, evidence and legal grounds for the case, noting that crimes against humanity allow no scope for immunity. All four accused are on the run.
Prosecutor Mizanul Islam pointed out that trying fugitives is a provision introduced by the Awami League government itself, adding that the case is not political. He said Hanif and others allegedly attacked students and civilians in Kushtia during the July–August movement, killing six people with what he described as “indisputable evidence.”
Agreeing with portions of the prosecution’s statement, defence lawyer Amir Hossain sought permission to speak, saying: “I agree with some parts of the prosecution’s statement. But we (the accused) are members of the Awami League. So there should not be a trial just because of that.”
In response, the tribunal said: “We sit here to ensure justice, calling upon Allah as witness. No innocent person should face trial. The accused also have the right to justice. Therefore, you have no reason to fear.”
The case involves 38 witnesses, including eight family members of the victims, eight eyewitnesses, eight injured persons, six participants of the movement, a police officer, a journalist, two seizure list witnesses, two experts, a special investigation officer and a principal investigation officer. Although the first witness was scheduled to testify on Tuesday, the tribunal—responding to a prosecution plea—rescheduled testimony to 8 December.
The other three accused are Kushtia District Awami League president Sadar Uddin Khan, district general secretary Asgar Ali, and Kushtia Town Awami League general secretary Ataur Rahman Ata.
At the start of the trial, three charges—incitement, conspiracy and the killing of six people—were read out. Chief Prosecutor Mohammad Tajul Islam and prosecutors Abdus Sobhan Tarafder and Abdus Sattar Palowan represented the state. The tribunal then fixed 8 December for recording witness testimony.
Earlier, on 5 October, the prosecution submitted formal charges against the four. The tribunal took cognizance the next day and issued arrest warrants. The accused were ordered to appear on 14 October, but they did not. Notices for their arrest were then published in two national newspapers.
On 23 October, the four were to be produced before the tribunal; as they remained fugitives, Tribunal-2 appointed state defence lawyers to represent them. On 27 October, the prosecution completed its arguments, and the following day, defence lawyer Amir Hossain read out the charges on behalf of the absconding accused, criticising the background section of the formal charge.
According to the prosecution, between July and 5 August 2024, shots were fired at students and civilians in various parts of Kushtia town. Labourer Ashraful Islam, Suruz Ali Babu, student Abdullah Al Mustaqin, Usama, businessman Bablu Farazi and service holder Yusuf Sheikh were killed, while many others were injured.
A case was later filed before the International Crimes Tribunal, and the investigation agency submitted its report following the probe.
