The defence for Mir Kashem, an alleged al-Badr leader and top financier of Jamaat-e-Islami, on Sunday, concluded its arguments on the discharge petition at the International Crimes Tribunal 1.
They claimed that the prosecution had no case against Kashem as there were no specific allegations in some of the charges submitted to the tribunal.
At the end of the day’s hearing, defence counsel Tanvir Ahmed Al Amin sought another session after September 6, when their senior counsel Abdur Razzaq would place his arguments before the tribunal.
The tribunal did not issue any directions on this submission and asked the prosecution to reply to the defence’s discharge argument.
Prosecutor Zead Al Malum told the tribunal that the defence gave their written arguments on Sunday and asked time for preparation. Thereafter, the tribunal set August 21 for the prosecution response.
The prosecution ended their arguments on the 14 formal charges brought against Kashem, also chairman of Diganta Media Corporation, on July 25.
Earlier on May 26, the tribunal took the formal charges against the Jamaat leader into cognisance and fixed June 27 for the indictment hearing. Following petitions asking for time, the hearing was deferred to July 18. The date was again deferred to August 7 and finally the hearing was scheduled for on Sunday.
During their arguments on charges 2, 11 and 12, the defence argued that these charges were referred to as “other inhuman acts” but did not have the same gravity as the main crimes.
On charges 11 and 12, alleging complicity in murders, the defence argued that since the prosecution regarded them as crimes against humanity, they must show and specify the evidences. “When you accuse someone of murder, you have to show and place satisfactory evidence. But the prosecutor did not specify any details about the alleged murders such as place, circumstances surrounding the same, time of murder and also did not mention the whereabouts of the accused during these murders.”
On allegations of torture, confinement and abduction, the defence lawyer claimed that these charges were not recognised internationally as crimes against humanity. He referred to different international courts and said: “Abduction is not specified as a crime against humanity anywhere.”
Counsel Tanvir said since the International Crimes (Tribunals) Act, 1973 did not provide any definition of the word “abduction,” no charges could be framed.
The defence also criticised the prosecution for demanding that the charges be taken under “judicial notice” by the tribunal, claiming that the prosecution could not specify the charges.
According to the prosecution, Kashem was the Chittagong district commander of al-Badr (a para militia group that assisted Pakistani occupation army during the Liberation War). He also set up makeshift camps at different places of the port city where the pro-liberation people were brought and tortured. Other allegations against him include being involved in mass killings at Ashadnagar and Panchlaish areas of Chittagong.
According to the defence, Mir Kashem is the founding trustee and also a member responsible for administration of the Ibn Sina Trust and director (marketing) of Ibn Sina Pharmaceutical Industries. He was also the member secretary of Islami Bank Foundation, a sister concern of Islami Bank.
Additionally, he is the chairman of Agro Industrial Trust. He is also the chairman and director of Keari Limited, which is involved in real estate and tourism business.
The Jamaat leader is the member secretary of Fouad Al-Khateeb Charity Foundation.
