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Verdict not given as Nizami 'falls sick'
It was all set. Justice seekers, journalists and freedom fighters were eagerly waiting inside and outside the courtroom.
The International Crimes Tribunal-1 was scheduled to deliver the long-awaited judgement in the war crimes case against Jamaat-e-Islami chief Motiur Rahman Nizami yesterday.
The minutes ticked away and it was around 10:30am. But there was no sign of Nizami. People inside the courtroom began whispering about whether the verdict would be delivered today [yesterday].
Their apprehension turned out to be true around 11:30am when the court deferred the verdict for Nizami's absence “due to illness”. The three-member tribunal led by Justice M Enayetur Rahim found it “irrational to deliver judgment in the absence of accused”.
Further prolonging the justice seekers' decades-long wait, this was the third time the verdict was kept on CAV (Curia Advisari Vult, a Latin term that suggests reserving of judgement until a later time).
After the judges took seats at the crowded courtroom around 11:00am, Tribunal Chairman Justice Rahim asked for opinions from the prosecution and the defence on pronouncement of the verdict in the absence of the accused as they got a letter from the jail authorities about Nizami's illness.
About the content of the letter, tribunal's Registrar AKM Nasiruddin Mahmud told The Daily Star that Nizami was suffering from unusually high blood pressure and doctors prescribed him to take bed rest and not to move.
According to tribunal sources, the letter was received around 10:00am yesterday.
Prosecutor Mohammad Ali drew the court's attention to 43 (a) of the International Crimes Tribunal Rules of Procedure where it is mentioned that if a person on bail fails to appear before the tribunal or a person in custody declined to appear before it or it becomes impossible to produce him before the tribunal for long ailment then the tribunal could carry out proceedings in the presence of the accused person's lawyer.
The tribunal apparently did not buy Ali's argument and said none of the conditions was applicable to Nizami's case “as he suddenly fell sick”.
Defence counsel Mizanul Islam argued that the whole proceedings went on in the presence of Nizami and therefore, the verdict should not be delivered in his absence.
Chief Prosecutor Ghulam Arief Tipoo spoke for not delivering the judgment in the absence of the accused. Then the tribunal passed the order and also directed the jail authorities to submit a complete report on Nizami's health in the shortest possible time.
The tribunal registrar said he has already sent the order to the jail authorities.
Against the backdrop of repeated failure of the defence to appear before the court for placing arguments, the Tribunal-1 on November 13 last year concluded in the war crimes case against Nizami and kept the verdict on CAV.
The court, however, later allowed the defence to place arguments and the trial finally ended on November 20.
In January this year, the then chairman of Tribunal-1 Justice ATM Fazle Kabir retired without delivering the judgment. The tribunal was reconstituted on February 23 with Justice Rahim as its chief.
The new chairman decided to hear the arguments again. The arguments by both prosecution and defence continued from March 10 and 24. The verdict was kept on CAV for the second time.
Nizami, facing 16 war crimes charges, was indicted on May 28, 2012 for crimes committed against humanity during the Liberation War, 1971.
Yesterday, Brig Gen (retd) ASM Hannan Shah, a standing committee member of BNP, said the verdict was deferred as advised by New Delhi advice because Indian Foreign Minister Sushma Swaraj is due in Dhaka today.
Had the verdict been delivered, the Jamaat would have called hartals in protest. This would have exposed the Hasina government's lack of public support and dented its image before the neighbouring country, Hannan said during a discussion at the Jatiya Press Club.
At Shahbagh, three platforms campaigning for war crimes trial expressed frustration at the postponement of the verdict.
Through separate programmes held within 30 yards at the Shahbagh intersection, a Gonojagoron Mancha faction led by Imran H Sarker and another led by Kamal Pasha, and Shahbagh Andolon formed by five student bodies raised different allegations over the judgement deferral.
While the Imran-led faction views it as the government's compromising attitude towards the Jamaat, the Pasha-led group and Shahbagh Andolon leaders see a conspiracy of Jamaat and Nizami behind this.
In a statement, acting Jamaat ameer Moqbul Ahmad called upon the government to free Nizami immediately to facilitate his treatment.
Defence counsel Tajul Islam told The Daily Star yesterday that Nizami's family members tried to visit the accused but they were not allowed. The authorities however, informed the family that Nizami's condition was stable, he added.
It was all set. Justice seekers, journalists and freedom fighters were eagerly waiting inside and outside the courtroom.
The International Crimes Tribunal-1 was scheduled to deliver the long-awaited judgement in the war crimes case against Jamaat-e-Islami chief Motiur Rahman Nizami yesterday.
The minutes ticked away and it was around 10:30am. But there was no sign of Nizami. People inside the courtroom began whispering about whether the verdict would be delivered today [yesterday].
Their apprehension turned out to be true around 11:30am when the court deferred the verdict for Nizami's absence “due to illness”. The three-member tribunal led by Justice M Enayetur Rahim found it “irrational to deliver judgment in the absence of accused”.
Further prolonging the justice seekers' decades-long wait, this was the third time the verdict was kept on CAV (Curia Advisari Vult, a Latin term that suggests reserving of judgement until a later time).
After the judges took seats at the crowded courtroom around 11:00am, Tribunal Chairman Justice Rahim asked for opinions from the prosecution and the defence on pronouncement of the verdict in the absence of the accused as they got a letter from the jail authorities about Nizami's illness.
About the content of the letter, tribunal's Registrar AKM Nasiruddin Mahmud told The Daily Star that Nizami was suffering from unusually high blood pressure and doctors prescribed him to take bed rest and not to move.
According to tribunal sources, the letter was received around 10:00am yesterday.
Prosecutor Mohammad Ali drew the court's attention to 43 (a) of the International Crimes Tribunal Rules of Procedure where it is mentioned that if a person on bail fails to appear before the tribunal or a person in custody declined to appear before it or it becomes impossible to produce him before the tribunal for long ailment then the tribunal could carry out proceedings in the presence of the accused person's lawyer.
The tribunal apparently did not buy Ali's argument and said none of the conditions was applicable to Nizami's case “as he suddenly fell sick”.
Defence counsel Mizanul Islam argued that the whole proceedings went on in the presence of Nizami and therefore, the verdict should not be delivered in his absence.
Chief Prosecutor Ghulam Arief Tipoo spoke for not delivering the judgment in the absence of the accused. Then the tribunal passed the order and also directed the jail authorities to submit a complete report on Nizami's health in the shortest possible time.
The tribunal registrar said he has already sent the order to the jail authorities.
Against the backdrop of repeated failure of the defence to appear before the court for placing arguments, the Tribunal-1 on November 13 last year concluded in the war crimes case against Nizami and kept the verdict on CAV.
The court, however, later allowed the defence to place arguments and the trial finally ended on November 20.
In January this year, the then chairman of Tribunal-1 Justice ATM Fazle Kabir retired without delivering the judgment. The tribunal was reconstituted on February 23 with Justice Rahim as its chief.
The new chairman decided to hear the arguments again. The arguments by both prosecution and defence continued from March 10 and 24. The verdict was kept on CAV for the second time.
Nizami, facing 16 war crimes charges, was indicted on May 28, 2012 for crimes committed against humanity during the Liberation War, 1971.
Yesterday, Brig Gen (retd) ASM Hannan Shah, a standing committee member of BNP, said the verdict was deferred as advised by New Delhi advice because Indian Foreign Minister Sushma Swaraj is due in Dhaka today.
Had the verdict been delivered, the Jamaat would have called hartals in protest. This would have exposed the Hasina government's lack of public support and dented its image before the neighbouring country, Hannan said during a discussion at the Jatiya Press Club.
At Shahbagh, three platforms campaigning for war crimes trial expressed frustration at the postponement of the verdict.
Through separate programmes held within 30 yards at the Shahbagh intersection, a Gonojagoron Mancha faction led by Imran H Sarker and another led by Kamal Pasha, and Shahbagh Andolon formed by five student bodies raised different allegations over the judgement deferral.
While the Imran-led faction views it as the government's compromising attitude towards the Jamaat, the Pasha-led group and Shahbagh Andolon leaders see a conspiracy of Jamaat and Nizami behind this.
In a statement, acting Jamaat ameer Moqbul Ahmad called upon the government to free Nizami immediately to facilitate his treatment.
Defence counsel Tajul Islam told The Daily Star yesterday that Nizami's family members tried to visit the accused but they were not allowed. The authorities however, informed the family that Nizami's condition was stable, he added.
