Debate arose as Attorney General Mahbubey Alam Tuesday said Jamaat-e-Islami leader Abdul Quader Molla, condemned to death by the Supreme Court, could only seek presidential clemency.
The defence in their reaction said they would file a review petition against the Appellate Division verdict claiming that it was the constitutional right of the convict.
After the verdict was passed, the attorney general said: “The International Crimes [Tribunals] Act, 1973 is a protected law. The legal process ends with the appeals verdict. So, there is no scope for reviewing the verdict.”
He added that the convict would be hanged if the president rejected his mercy plea.
Law Minister Shafique Ahmed said the same thing. He said: “There is no scope for reviewing the verdict, since the law does not have any such the provision. As the Supreme Court pronounced the verdict, none of us can differ with it.”
He said the convict could file the mercy plea before the release of full verdict. The minister observed that the verdict had brought an end to the “culture of impunity.”
Additional Attorney General MK Rahman said if the defence filed a review petition, “we will tell the court that such petition is not maintainable as per the constitution [article 47A(2)].” Then the court will decide on the matter, he added.
According to article 105 of the constitution, the Appellate Division shall have power, subject to the provisions of any Act of any rules made by that division to review any judgement pronounced or order made by it.
But article 47A (2) states that the convicted war criminals would not get any of the remedies under the constitution.
Verdict is wrong: defence
After the pronouncement of the judgement, the defence arranged a quick press briefing at the Shafiur Rahman auditorium in the Supreme Court bar association building.
They announced that the convict would file a review petition within 30 days of receiving the full verdict. “As an institution, we are respectful to the Supreme Court of our country but this is a wrong verdict,” chief defence counsel and Jamaat Assistant Secretary General Abdur Razzaq said in a written statement.
He claimed that the attorney general did not respond in a right way. “And as we all know, the matter of presidential pardon would follow review.”
The statement said: “We think this verdict had not established justice. It is unique in Bangladesh’s history that the Supreme Court pronounced death sentence even though the tribunal did not.”
Khandker Mahbub Hossain, Bangladesh Bar Council vice-chairman and an adviser to the BNP chairperson, also termed the verdict wrong and said: “We will file a review petition to correct this mistake.”
BNP Standing Committee member and former law minister Moudud Ahmed was present at the press briefing but refused to say anything saying that he was not a lawyer for Quader Molla.
In response to a query, he said the BNP reaction would come from the party, if any. Another BNP Standing Committee member Rafiqul Huq Mia also did not speak.
