The conflict within the prosecution came to fore again yesterday as the prosecution of the International Crimes Tribunal avoided mentioning the name of the chief prosecutor in a petition, breaching its rules.
The tribunal 2 headed by Chairman Justice Obaidul Hassan slammed the prosecution for doing so and ordered to resubmit the petition following correction.
The prosecution yesterday submitted to the tribunal a petition filed by the investigators seeking its order for showing alleged razakar commander Forkan Mallick arrested in a case filed for killing people in Mirzaganj of Patuakhali during the 1971 Liberation War.
They mentioned the name of acting chief prosecutor Syed Haider Ali, instead of Chief Prosecutor Golam Arif Tipoo, and others.
The tribunal took notice and asked Mokhlesur Rahman Badal the reason. As he could not give any reply, the tribunal asked them what the International Crimes (Tribunals) Act said regarding filing of a petition.
“The chief prosecutor assigned you to do your job. Why did not you mention his name on the petition? Is he dead or out of office?” the tribunal asked.
The prosecutor was totally silent facing such sudden grilling.
The petition even had the name of Rezaur Rahman, a prosecutor who did not even come to the tribunal in the last two years. Only the name of the chief prosecutor was deleted.
The tribunal said mentioning section 6 of the ICT Act: “Whatever you do [outside court] is a your own matter, but when you come to us, try to follow the law.”
Later it asked the prosecution to include the name of chief prosecutor and said: “We will wait for the correction.”
The tribunal also asked the inspector general of police (prison) to produce war crimes suspect Forkan Mallick before it on July 3 in the case filed against him for his alleged involvement in crimes against humanity.
Detective Branch of Police arrested Forkan from Rupatoli Bus Stand area of Barisal on June 25.
The prosecution said Forkan had been arrested in the killing case filed with Mirzaganj police station in Patuakhali.
After police investigation, the case was sent to Patuakhali District and Sessions Judge’s Court that issued the arrest warrant against Forkan last year. After his arrest, the court ordered to send him to jail.
Abdul Hamid of Soilabunia of Mirzaganj upazila filed the case on July 21, 2009 against Forkan, 62, a razakar commander of the upazila.
In the case, the complainant alleged that Forkan had abetted the Pakistani occupation forces to kill then president of Subidkhali unit Awami League Abdul Quader Jomaddar and activist Yazuddin Khalifa; Dr Debendranath and his wife and some Hindu people in the area during the war.
