The Appellate Division yesterday deferred for the second time the hearing on review petition filed by death row convict war criminal Muhammad Kamaruzzaman, but expressed resentment over the filing of the petition.
After hearing, the four-member bench headed by Chief Justice Surendra Kumar Sinha fixed April 5.
Defence of the Jamaat-e-Islami leader submitted the time petition on Tuesday seeking four-week adjournment on the ground that leading counsel Khandker Mahbub Hossain was ill and that he had been asked by physicians to take rest.
During the hearing yesterday, when junior counsel Joynul Abedin Tuhin said Khandker Mahbub had been sick, Justice AHM Shamsuddin Chowdhury Manik stopped him.
“I saw him in private television channel Ekattor. He was addressing the press...He can go to the press but cannot come to the court,” Justice Manik said harshly.
“You are misleading the apex court with blatant falsehood. It is absolutely horrendous.
“You are doing farce with the apex court. There is no example anywhere of the world that an adjournment prayer is granted on the ground of personal difficulties of a lawyer,” the judge said.
BNP chief Khaleda Zia’s Adviser Khandker Mahbub presided over a meeting of the executive committee of the Supreme Court Bar Association and also addressed a press briefing on Tuesday.
“You do not want this case be disposed of...” the judge said.
Attorney General Mahbubey Alam opposed the adjournment petition saying that it had been filed only to delay the case.
After the court proceedings, reporters asked defence counsel Shishir Munir about the court’s remarks and the physical condition of Khandker Mahbub.
Avoiding a direct answer, he said: “What the court has ordered is final. The court has asked both the prosecution and defence to be present on the next date. We will come to the court for hearing for sure.”
Khandker Mahbub and other senior lawyers of Jamaat leaders facing war crimes charges usually refrain from attending court proceedings during hartal and blockade programmes enforced by the BNP-Jamaat-led 20-party alliance.
Kamaruzzaman’s lawyers filed the petition on March 5 seeking review of the death penalty upheld by the Appellate Division on November 3 last year. During the March 9 hearing, the defence sought time saying Khandker Mahbub had “some urgent personal problems.”
If his review petition is rejected by the court, Kamaruzzaman can file a mercy petition to President Abdul Hamid.
If he does not do so or his mercy petition disapproved, the war criminal will be hanged to death.
