The government will appeal against the verdict sentencing Jamaat-e-Islami’s Assistant Secretary General Abdul Quader Molla to life in jail within the 30-day deadline, an official said Wednesday.
Additional Attorney General MK Rahman told bdnews24.com that they had decided “on principle” to move the Appellate Division against the verdict.The announcement follows some confusion prevailing over whether the government can legally seek a review of the life sentence handed down to Jamaat leader Abdul Quader Molla by the International Crimes Tribunal-2 under provisions of the amended 1973 Act.
“We will appeal the verdict within 30 days as per law,” Rahman said.In an unanimous verdict the three-judge panel of the second tribunal on Tuesday awarded Molla life in prison for crimes against humanity during the 1971 Liberation War.Molla was acquitted of one out of six charges that included murder, rape and conspiracy.
Amid confusion over whether it was possible for the prosecution to appeal against the verdict, Rahman said the Supreme Court would be moved on charge No. 4, which could not be proven by the prosecution.
The chief tribunal coordinator referred to the ICT verdict that said the prosecution could not prove the Ghatarchar massacre in Keraniganj against Molla and therefore acquitted him.
He said the prosecution will only appeal seeking a review of that part of the verdict, possibly be taking recourse to Article 104 of Bangladesh constitution that assures ‘complete justice’.He said the prosecution might seek a Supreme Court order on the whole verdict after lodging the appeal.
The Section 21 of the amended International Crimes Tribunal Act (1973) under which the trial is being conducted says: “A person convicted of any crime specified in section 3 and sentenced by a Tribunal shall have the right of appeal to the Appellate Division of the Supreme court of Bangladesh against such conviction and sentence.”
The Act continues, “The Government shall have the right of appeal to the Appellate Division of the Supreme Court of Bangladesh against an order of acquittal.”
But the Constitution’s Article 104 says: “The Appellate Division shall have power to issue such directions, orders, decrees or writs as may be necessary for doing complete justice in any cause or matter pending before it, including orders for the purpose of securing the attendance of any person or the discovery or production of any document.”
On Tuesday, the chief legal advisor of the Ghatak-Dalal Nirmul Committee, Barrister Turin Afroze had said the government will not be able to appeal against the verdict but Quader Molla could if he wanted under provisions of the amended International Crimes Tribunal Act (1973).bdnews24.com
