DHAKA: With top leaders of the party now in the dock on war-crime charges, Bangladesh Jamaat-e-Islami challenged some provisions of the tribunal law and appealed to the High Court for ordering a halt in the trial process.   

Two of the detained top leaders of the party in the petition challenged the legality of some provisions of the International Crimes Tribunal (ICT) Act and the first amendment to the constitution.  

Assistant secretaries-general of Jamaat Mohammad Kamaruzzaman and Abdul Quader Mollah jointly filed the writ petition with the High Court Monday, seeking its direction for suspending the ICT trial proceedings against them.

An HC bench comprising Justice Mohammad Abdul Wahhub Mia and Justice Kazi Reza-Ul-Haque, which is dealing with the petition, fixed Tuesday for next hearing on the crucial matter of national importance.    

Barrister Abdur Razzak and barrister Moudud Ahmed MP, also ex-law minister, filed the petition on behalf of the Jamaat leaders.

As per the petition, the 47(3) and 47(A) articles of the first amendment to the constitution “curtail the fundamental rights” of prisoners of war involved in war crimes as they can only appeal to the Appellate Division and not to the High Court in the first place.

The writ petitioners also said 3(1), 6(2), 6(8), 19(1), 19(3) and 20(2) sections of the International Crimes Tribunal Act-1973 are “unconstitutional” as those restrict the accused from challenging the formation, proceedings and orders of the tribunal.

Jamaat chief Motiur Rahman Nizami, Secretary-General Ali Ahsan Mohammad Mojaheed and Nayeb-e-Ameer Delwar Hossain Sayedee and assistant secretaries-general Mohammad Kamaruzzaman and Abdul Quader Mollah are now facing trial in the war-crime tribunal.

Lawyers of Jamaat have filed eight petitions with the tribunal for cases against five of its top leaders. “All the petitions will be heard (analogous) on August 24,” tribunal chairman Nizamul Huq Nasim said.

Jamaat chief Motiur Rahman Nizami, Secretary-General Ali Ahsan Mohammad Mojaheed and Nayeb-e-Ameer Delwar Hossain Sayedee were arrested on June 29 on charges of hurting religious sentiments of Muslims through their perceived blasphemous comments.

Later, the two assistant secretaries-general were arrested from the High Court gate on July 13 in a murder-and-arson case filed with Pallabi thana by an injured freedom fighter in January 2008.

BDST: 2018HRS, AUG 16, 2010.