State Minister for Law Quamrul Islam said on Tuesday the prosecution could appeal against the verdict of Jamaat-e-Islami’s Abdul Quader Molla next week.
Quamrul told journalists that this would ‘hopefully’ happen next week, but did not specify a date as he spoke after a meeting in the Ministry of Law, Justice and Parliamentary Affairs.
“The Jamaat ban issue has now become a public demand… I think, this is now only a matter of time. Government will take appropriate decision in appropriate time,” he said.
Quamrul made the statement after attending an inter-ministerial meeting over raising pay for lower court judges.
Law Minister Shafique Ahmed, Finance Minister AMA Muhith, Agriculture Minister Matia Chowdhury, Information Minister Hasanul Haque Inu and Attorney General Mahbub-e Alam were present in the meeting.
“An entire organisation cannot be jailed… actions can be taken against leaders who led the organisations at those times,” said the Attorney General when asked what punishments could be handed down to organisations found guilty of committing ‘crimes against humanity’.
“Or else, an organisation can be banned,” he said.
“Those political parties which come out on streets to commit terrorism, kill people, unleash anarchy, attack members of a disciplined force, I think, they do not deserve a right to do politics in a democratic state,” said the Law Minister apparently pointing at Jamaat.
The fundamentalist party officially opposed the creation of Bangladesh and is accused of forming various auxiliary groups to aid Pakistani troops in committing crimes such as murder and arson.
“The government is thinking about what to do with them,” he added.
However, he said that the Election Commission should examine the organisation and check if what they do is contradictory to the constitution. “In such cases registration can be cancelled.”
The Election Commission had already said they were looking into such provisions.
Mentioning a writ petition in 2009, Shafique said, “If it comes for hearing, we will see the verdict of the Supreme Court. But we have to wait for its verdict.”
Regarding other religion-based political parties, the Law Minister cited the Constitution to say that any organisations seeking division in the name of religion do not deserve right for registration.
MK Rahman, the coordinator of the prosecutors for war crimes tribunals, also confirmed on Tuesday that prosecution would appeal against the verdict next week.
“We will challenge the full verdict. By amending the law an equal opportunity has been created,” he said.
Rahman said all necessary documents have been collected for the appeal.
“We are making fool-proof preparation. Five charges have been proved against Quader Molla. He has been acquitted in one charge. We will seek the highest punishment (execution) from the Supreme Court for all the charges, including one in which he has been acquitted,” he said.
He clarified that it will not be a ‘leave-to-appeal’ but a regular appeal.
Molla, Jamaat-e-Islami’s Assistant Secretary General, was convicted of crimes against humanity and sentenced to life in prison for his role in the War of Liberation in 1971.
But the verdict by the International Crimes Tribunal-2 sparked street protests as the punishment was considered by many as lenient.
The protests have continued at Shahbagh since then.
The prosecution found it difficult to go in for an appeal against Quader Molla’s verdict and ask for death penalty because of limitations in the ICT Act, 1973. The law allowed for an appeal by prosecution only in the event of an acquittal, not otherwise.
On Sunday, the government passed an amendment to the International Crimes (Tribunals), 1973 that allowed not only appeal for greater punishment, but also trial of parties and organisations for war crimes.
On Monday, President Mohammad Zillur Rahman gave his assent to the the amendment with retrospective effect from Jul 24, 2009.
In the original law, formulated in 1973, the prosecution was not allowed an appeal under section 21 ‘Right of Appeal’. Later in 2009, during the current government regime, the law was amended to allow prosecution appeal against acquittal only. Bdnews24.co
