Ghulam Azam's counsels prefer ICT-2

They have reservations on his case being heard by the tribunal presided by Justice Nizamul Huq

Dhaka, May 30 (bdnews24.com) – Defence counsels of former Jamaat-e-Islam chief Ghulam Azam have appealed to transfer his case to the second war crimes tribunal from the first one.

Ghulam's counsel Imran Siddiqui submitted their petition in this regard to the registrar office of International Crimes Tribunal (ICT) on Wednesday afternoon.

"Justice Nizamul Huq, chief of the three-strong ICT-1, has clearly violated the code of conduct laid down for justices' in the light of the Article 96(4) of the Constitution by taking part in the trial proceedings of Ghulam Azam," said a press release issued by the defence.

The petition, filed under Section 11 of the ICT Act, said the case against Ghulam Azam requires to be transferred to the other tribunal for the sake of 'transparency' and 'neutrality.'

"Ekattorer Ghatak Dalal Nirmul Committee formed Gono Adalot (people's court) on Mar 26, 1992 for trying Ghulam Azam. The court sentenced him (Ghulam Azam) to death by hanging... Justice Nizamul Huq had demanded of the government to implement the verdict... Besides, he (Justice Nizamul) was also a secretariat member of the Gono Tadonto Commission (People's inquiry Commission) of the Ghatak Dalal Nirmul Committee," said the press release.

As a second war crimes tribunal is also in operation and there is a legal provision for switching of cases between the tribunals, the case of Ghulam Azam should be transferred from the tribunal presided by Justice Nizamul Huq, the defence demanded in the petition.

Ghulam Azam's trial was ordered by ICT-1 on May 13 after the tribunal indicted him on 61 counts of charges of crimes against humanity during the 1971 Liberation War.

The tribunal was formed in Mar 2010 for crimes against humanity during the War. A second tribunal was formed in Mar this year for expediting the trial process, and a number of cases were transferred to the second tribunal from the first one immediately after its formation.

Ghulam is currently at Bangabandhu Sheikh Mujib Medical University as his health deteriorated after the first tribunal sent him to jail on Jan 11 this year after taking the charges brought against him by the prosecution into cognizance.

It is alleged that Ghulam had formed auxiliary forces like Peace Committee, Razakar, Al-Badr, Al-Shams, Pioneer Force and Mujaheed Bahini, and collaborated with the Pakistani occupation forces to render the Liberation War futile.

Numerous documents show Ghulam was the man responsible for supplying arms to the forces. Ghulam also lobbied in the middle-eastern countries against the Liberation War.

After Bangladesh won freedom, Ghulam fled to London and lived there for seven years until Ziaur Rahman assumed power, paving the way for Ghulam to return in 1978.

Ghulam took over as Jamaat-e-Islam chief once again in 1991, prompting Shaheed Janani Jahanara Imam to wage and lead a movement against the war criminals. Ghulam had been the party's chief until 1999.

Meanwhile, defence counsels of BNP lawmaker Salauddin Quader Chowdhury on Wednesday appealed to the ICT-1 for granting bail or making necessary arrangements to enable Salauddin to attend the ongoing parliamentary session.

The defence counsels filed the petition based on the presidential letter sent to every member of parliament as a routine work prior to the beginning of a session. Both defence and prosecution counsels completed their argument for and against the petition by the close of the Wednesday's proceedings at 4pm.

The court fixed Thursday for delivering order on the petition.

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