ICT Act: Hearing on Mollah case admissibility ends Tuesday

With the arguments by the Attorney General, the  hearing on the latest amendment to the International Crimes (Tribunals) Act 1973 that provides equal scope for appeal by both sides against the ICT verdict in the case of war crimes convict lifer Abdul Quader Mollah of Jamaat-e-Islami will be closed on Tuesday.ICT prosecution coordinator additional attorney general MK Rahman told reporters that the hearing will be concluded tomorrow (Tuesday) after Attorney General Mahbubey Alam taking part in the hearing for half an hour.
“Then, the apex court can fix the date for verdict announcement on the appealed case,” he said.
The Appellate Division on June 20 appointed seven amici curiae (friends of court) for legal opinion on two issues — whether the trial of war crimes fall under the purview of the international customary law, and whether the amendment to the ICT Act on February 17, 2013 can come into retrospective effect from July 14, 2009.
The seven amici curiae are: TH Khan, Mahmudul Islam, Rafique-ul Huq, M Amir-Ul Islam, Rokanuddin Mahmud, AF Hasan Ariff and Ajmalul Hossain, QC.
Most of the amici curiae during the hearing before a five-member Appellate Division Bench headed by Chief Justice M Muzammel Hossain gave their opinion that as the law was amended during the time frame (90 days), the amended law will be applicable for Quader Mollah’s trial.
However, TH Khan said the impugned amendment to ICT Act 1973 provides equal scope for appeal by both sides against the ICT verdict in the case of war crimes convict. But, as the legal process of Mollah’s trial was completed before the amendment, there is no scope to apply the amended law against Quader Mollah. – UNB