Differing with the law minister, former law minister Shafique Ahmed said it was the tribunal that would decide whether Jamaat-e-Islami could be tried under the International Crimes Tribunals Act 1973.
On Thursday, Anisul Huq told the journalists the trial of the party was not possible now as the law does not say anything about who would be punished if Jamaat was found guilty for their role in 1971. Moreover, a case on Jamaat’s registration is pending with the Appellate Division of the Supreme Court and as per the law of the country, trials of two cases on the same subject cannot go on at the same time.
Shafique was at the helm of the ministry when the Act of 1973 was amended in February last year making a provision to bring an organisation to justice for war crimes.
Shafique said as the investigation team submitted investigation report, which found Jamaat guilty, to the prosecution, now the two teams would decide whether the case should be filed against the party.
“If the case was filed, the prosecution would place their arguments and the defence would try to refute. Then the tribunal would decide whether the party could be tried under the existing law,” Shafique said.
“As the investigation was completed and the probe report was submitted to the prosecution, it was not right to create controversy on the matter. I think the law should be run on its own speed and the tribunal should follow its own course,” he added.
Anisul said: “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. 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 twice is contradictory with the constitution.”
In reply to a question on whether the law minister interfered with tribunal proceedings, Attorney General Mahbubey Alam yesterday told journalists: “The law minister did not say about the work of the tribunal. Rather, he talked about the legal part.”
“If the prosecution moves the tribunal for trial of Jamaat and it is then seen that the party cannot be banned or fined because of lack of provision, we will run into trouble. For this reason, the law minister said the Jamaat trial is not possible now.”
Justice M Enayetur Rahim, now the chairman of International Crimes Tribunal 1, in his judgement cancelling the registration of Jamaat said the tribunal law should include the provision of punishment for a convicted organisation.
