On the first day of closing arguments, the defence in the case against Jamaat leader ATM Azharul Islam yesterday said the accused had not been responsible for “superior command responsibility.”
They also tried to show anomalies in the prosecution case and documents.
Lawyer Shishir Monir said the prosecution witnesses had not mentioned the names of al-Badr leaders in Rangpur during the Liberation War. He claimed that the prosecution had placed different information about the formation and activities of al-Badr force in the charges and exhibits. “Either the prosecution has to rely on the exhibits or the witnesses.”
On superior command responsibility, Shishir said: “To impose this responsibility, it has to be clear on whom the accused imposed control and who were the subordinates. There is no specific name of any.”
The tribunal said: “In localities, we know many people by their faces but cannot name many.”
After just two hours of argument, the defence counsel pleaded for time saying: “If I am not unreasonable, then please allow me adjournment until Monday.”
The prosecution did not oppose the plea and the tribunal allowed the adjournment.
Earlier, the tribunal asked prosecutor Tureen Afroz to clarify her stance on using the word “brute” during submission on Wednesday since the defence had raised question about it orally.
The defence said their client had felt abused by one of the prosecutors’ language and that such remark violated the court’s proceedings and law as well.
Tureen said: “I did not mention someone’s name with the word. I just used it to prove the intensity of crimes. But if it has hurt anybody, then I apologise and I will be more conscious about my language in future.”
The tribunal said: “A good artist is one who can end a painting by using their brushes less. You are also an artist and your language is your art...The court has its own decorum, you all should follow this.”
