Three top leaders of Jamaat-e-Islami, convicted for contempt of the International Crimes Tribunal have yet to challenge the verdict despite previous announcements to this effect.
The tribunal 2 on June 9 sentenced two absconding leaders – acting secretary general Rafiqul Islam Khan and executive member Hamidur Rahman Azad MP – to three months’ jail and fined them Tk3,000. Assistant Secretary General of Dhaka city unit Selim Uddin, who surrendered before the tribunal, was directed to stay in the court room till the end of session and fined Tk1,000.
Selim served the sentence on that day while the law enforcers failed to arrest the two fugitives even though they have been spotted at various activities organised by the Jamaat.
The three leaders are among the top five decision makers who led the party organise series of hartals and violent movements as well as helped the party overcome the tough time.
Following the verdict, Tajul Islam, the counsel for Jamaat leaders, said they would file a writ petition with the High Court challenging the tribunal order.
However, yesterday he told the Dhaka Tribune: “Though we had earlier decided to lodge a writ challenging the judgement, the decision is pending for the time being. We are analysing every aspect of the issue.”
He said even though Selim had served the sentence, “we will file a writ on his behalf too so that he can be cleared of the guilt.”
There is no timeframe for filing the writ petition.
On February 4, speaking at a rally in Motijheel on the eve of the tribunal’s verdict in Jamaat leader Abdul Quader Molla’s case, Selim and Hamidur had warned the tribunal that the judges needed to think before giving out verdicts, “for they could lead the country into a civil war.”
At a press briefing the next day, Rafiqul spoke along the same lines criticising the tribunal’s procedure. Later, testifying before the tribunal, Selim said his remarks were political and addressed to the government, and that he had no intention of hurting the tribunal’s image. “Although, if the tribunal finds me guilty, I beg for mercy,” Selim added.
Eminent jurist Shahdin Malik said: “International Crimes (Tribunals) Act, 1973 (ICT) does not say whether an appeal can be lodged against a sentence of contempt of the tribunal. It is not an aberration as there are many laws in our country which do not have any provision for appeal.”
In such a condition, the aggrieved party may file a writ petition with the High Court.
Terming the Jamaat leaders “criminal,” he said the Jamaat men had mounted propaganda to attain the sympathy of the common people on the appeal issue. “As people do not have much knowledge about legal procedures and judicial system, they are taking advantage of the situation,” said Shahdin.
Prosecutor Tureen Afroz told the Dhaka Tribune: “Though the Jamaat leaders have the option to file a writ or beg pardon from the president under Article 49 of the constitution, they did not do so.”
She said the authorities concerned were supposed to make a serious attempt to capture the absconding Jamaat leaders so that nobody would dare to obstruct the war crimes trial.
