War crime-Case against 36 including Azam, Nizami withdrawn
Govt happy, affirms official trial soon
Thursday May 14 2009 00:11:43 AM BDT
Iftekhar Ahmed, a senior assistant judge of Dhaka Judge''s Court, on Wednesday revoked the summons issued against 36 persons including former Jamaat chief Golam Azam, present Amir Matiur Rahman Nizami, secretary general Ali Ahsan Mohammed Mojaheed, BNP leader Salahuddin Quader Chowdhury(The News Today)
in a war crime case as the litigants withdrew their case.
The plaintiffs in the appeal said since the government was initiating the process to try war crimes in 1971, so they were withdrawing the charges.
The court on Monday summoned the front-ranking leaders of the Jamaat-e-Islami, BNP and others to appear in the court on July 20 to explain why they should not be declared war criminals.
The appeal for the case withdrawal said: "We have decided to withdraw the case considering that the trial would be more rational if it was held under International Crime (Tribunal) Act." "The government has already taken steps for war crimes trial. So the case should be withdrawn." the plaintiff added.
Advocates Liton Mia, Safayet Hossain Sajib and Rajib Ahmed filed the case with Dhaka District Judge''s Court on Nov 13, 2008, a month before the general elections, seeking court orders declaring 36 persons ''war criminals'' and barring them from running elections.
UNB adds: Judge Iftekhar Ahmed took the case into cognisance after its first hearing on Monday and asked the accused to appear before it on May 20 to explain why they should not be declared war criminals.
The plaintiff trio in retracting appeal said as the government is initiating the process of trying war criminals, they decided to withdraw the case.
Talking to reporters, one of the litigants, Adv Liton Mia, said: "As the desires of government and ours are the same-trial of war criminals-we took this decision."
Referring to State Minister for Law Advocate Qamrul Islam''s recent statement that the war criminals would be tried under special tribunal, he said they are confident that war-crime trial would take place.
He said their case might hamper the trial process of war criminals so they decided to pull out "in greater interest of the country".
Meanwhile, public prosecutor of the case Advocate Fakir Delwar said, "War-crime case can run not under civil court but under criminal court."
Earlier on Monday, after the court summoned the 36 persons, the State Minister for Law, Advocate Qamrul Islam, said any individuals being "overenthusiastic" should not file case concerning the war criminals as the government move to hold the trial is at the final stage.
The 32 other defendants include Jamaat''s senior central leaders Abdus Subhan, AKM Yosuf, Muhammad Kamaruzzaman, Abdul Quader Molla, Mir Kashem Ali, Delwar Hossain Saydee, Maulana Abul Kalam Azad, Barrister Korban Ali and Advocate Ansar Ali, and former BNP lawmaker Abdul Alim.
Qamrul thanks private litigants for withdrawing their suit against war criminals; How civil court took the case into cognizance, issued summons has to be investigated, he said.
State Minister for Law Advocate Qamrul Islam Wednesday expressed satisfaction as the private litigants withdrew their war-crime case filed against 36 persons, including the entire hierarchy of Jamaat-e-Islami.
"I am happy and thank the plaintiffs as they withdrew the case showing their confidence in the government''s initiatives to try the war criminals," he told newsmen in his immediate reaction after the three advocates retracted.
Replying to a question whether the civil court can issue summons upon war criminals, the minister said: "I was surprised when the civil court issued the summons."
He also said it will have to be investigated how the civil court took the case into cognizance.
He said government would welcome the three plaintiffs if they want to help state initiative to try war criminals providing any information and documents.
The state minister said confusion created among people about the trial of the war criminals would be removed following the withdrawal of the individuals'' suit.
Reaffirming government''s strong determination to put the war criminals to trial, he said war criminals would be tried under the International Crime (tribunal) Act 1973.
He said the government is progressing carefully in appointing investigating agency and prosecutors and setting up tribunals for holding the trial.
Advocate Qamrul Islam said the trial process of the war criminals would start "soon and all the war criminals would be brought to justice gradually".
He also hoped that the trial of the top war criminals would be completed by next December.
What the hell is going on here? Make your ******* mind.
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