The counsel for Syed Mohammad Qaisar yesterday argued that the war crimes accused had not been present at the crime scenes during the 1971 Liberation War, as has been alleged.
On Sunday, the same lawyer claimed that the accused never maintained any force titled “Qaisar Bahini” as the prosecution claimed.
While placing arguments at the International Crimes Tribunal 2 for the fourth day, SM Shahjahan continuously stated that his client was not responsible for the charges brought against him as he had not been present at the crime scenes.
The tribunal said whoever had helped the Pakistan Army to commit any crimes during the war was responsible since the intention of the occupation forces was clear.
Mentioning charge nine, which is related to atrocities in Habiganj Sadar, the tribunal said: “The Pakistan Army targeted some political leaders’ houses and set those on fire. The witnesses claimed that they had seen Qaisar with them. In this situation there is no need to be at the crime scene.”
Since the defence lawyer tried to stick to his position, the tribunal intervened again and said Shahjahan was facing problems in placing the arguments since he had not cross examined the witnesses properly.
The counsel also claimed that the prosecution documents had not mentioned his client’s name. Then the tribunal asked him to check page one where Qaisar’s name was number eight.
Before the lunch break, when the counsel was arguing charge eight, which was related to the rape of Hiramoni Santal, the tribunal asked him whether he wanted to raise questions about the incident. Shahjahan could not give any proper answer. He then apologised and submitted on charge seven.
The counsel questioned how the accused had burnt his cousin’s house, stating, “Can it really happen?”
The tribunal said: “Listen, when a father betrayed his child, who was a freedom fighter, the son killed his father.”
The defence also showed incompetency in submitting on the charges properly. After completing submission on two charges, the counsel jumped to charge eight.
In the second session, after the tribunal came to the court, Shahjahan sought time saying that they were facing some technical difficulties. Allowing the verbal plea, the tribunal left the courtroom at 2:30pm keeping the closing arguments incomplete.
The defence will have to end their part of arguments today.
