Law Minister Anisul Huq has said Jamaat cannot be tried now under the tribunal law as it lacks provision for the purpose – a comment that campaigners say is made out of ignorance.
Contradictions might arise if trial against Jamaat commenced now since there was a case pending over the cancellation of its party registration while the trials of senior Jamaat leaders for crimes against humanity were also underway, the minister said.
He made the comments last night in response to reporters’ queries after a programme on the Supreme Court premises.
Anisul said: “A case [on Jamaat’s registration] is pending with the Appellate Division of the Supreme Court. So if another case is commenced against the party, outcome of the current case must be considered. As per the law, trials of two cases on the same subject cannot go on at the same time.”
However, war crimes campaigner and writer Shahriar Kabir told the Dhaka Tribune: “I think he [the minster] has not read the amendments brought to the International Crimes Tribunal Act 1973. I do not think he knows how trials of individuals and organisations can go on simultaneously for committing war crimes and genocides.”
Another campaigner and historian Prof Muntassir Mamoon said: “Since the minister has said the trial [of Jamaat] is not possible, it might be so that the amendment [to the tribunal law] was not brought at all. [I am saying so] because he is the law minister. He must have good knowledge about law, not we.”
The minister yesterday also said: “We need to consider who are to be punished if Jamaat is tried [and found guilty]. The tribunal law does not say anything in this regard. In our country, if any company is convicted under the Companies Act, 1994, then the board of directors of the company receives the punishment.
“Suppose Jamaat faces trial and is convicted for war crimes. Then the leaders of the party will serve the punishment for the crimes of Jamaat as per the existing laws of the country. But many leaders of Jamaat have already been sentenced by the tribunal. So, how can a person be punished for the same offence again? It should be considered that imposing punishment two times is contradictory with the constitution... This is not the right time to bring Jamaat in the dock. Circumstances must be taken into account and we need to think more,” he observed.
Regarding this, Shahriar said: “The case pending with the apex court is related to the registration of Jamaat because its charter contradicts with our constitution. But the case at the tribunal would be filed on genocide and war crimes charges. Genocide-war crimes and registration are not the same. This case will not involve Jamaat’s charter. The two cases are completely different. Why then is he [the minister] saying that case would have an impact on this case?
“Motiur Rahman Nizami [Jamaat chief] was punished in the 10-truck arms haul case. Does that mean he will not be punished in the case that is going on against him at the tribunal? Should not he be punished for his role during the Liberation War?” Shahriar inquired.
When asked whether there could be a possible agreement between the ruling Awami League and Jamaat, the law minister told reporters yesterday: “There is no question of consensus with Jamaat because they do not believe in the ideologies of Bangabandhu. Rather Jamaat conducts criminal activities... The trial of persons for crimes against humanity will continue. Those who are left will be brought to justice. We will not compromise with this.”
Shahriar Kabir told the Dhaka Tribune: “If there is any political consideration behind the law minister’s remark, then it will be suicidal for the Awami League and its alliance.”
Advising the law minister to not talk about all these, the writer said: “The judges at the tribunal will decide on the type of punishment. It is none of a minister’s business.”
The Dhaka Tribune asked the minister that if there was no provision for punishing an organisation, why then did the investigators of the war crimes tribunal probed into allegations against Jamaat and why the state prosecutors worked on the allegations.
In reply, the minister said over phone: “Ask them [investigators and prosecutors] about this. I do not know anything about this.”
Prof Muntassir told the Dhaka Tribune: “Generally, the government is the plaintiff of any case at the tribunal... Why did then the government approve them [investigation against Jamaat]? Nobody can do this without the government’s approval.”
The Dhaka Tribune contacted a number of prosecutors of the tribunal but none of them wanted to say anything about this.
Only one prosecutor, seeking anonymity, said: “It is all for good. We are now relieved of our responsibilities... The law minister said the trial cannot he held under the existing law. I do not think it would be right to say anything regarding this.”
Motiur Rahman, the officer who investigated the allegations against Jamaat, told the Dhaka Tribune: “I have seen while investigating that Jamaat was directly involved with the crimes that were committed during the 1971 Liberation War. All those crimes took place at the instigation of and order from Jamaat leaders. In some places, they themselves committed crimes.”
He also said: “Even the International Crimes Tribunal has directly talked about Jamaat’s role during the Liberation War in many of its verdicts.”
According to Motiur’s probe report, Jamaat and its wing Islami Chhatra Sangha; the peace committees, the Razakar, al-Badr and al-Shams forces formed to help the Pakistani army; and Jamaat’s mouthpiece daily Sangram committed crimes that are mentioned in sections 4(1) and 4(2).
The investigation agency of the International Crimes Tribunal finalised the probe report against Jamaat and handed it over to the prosecution on March 27 for submitting formal charges.
A seven-member team led by prosecutor Tureen Afroz is working on preparing the charges. However, there have been disagreements within the prosecution team whether to try Jamaat now considering that its supporters could carry out violence across the country.
PM: Jamaat intruding in AL
Meanwhile, Prime Minister Sheikh Hasina claimed that Jamaat-Shibir men were carrying out mayhem by intruding into the ruling party.
“The Jamaat-Shibir activists have taken shelter under the Awami League in disguise. They are intruding in the Awami League and Jubo League and committing murders, misdeeds and criminal activities,” Hasina said while addressing Bangladeshi expatriates at a hotel in Tokyo.
She said there were some people who joined the ruling party. “After the government took office, they have become government party by changing their stand.”
