‘No bar to Molla's execution’

The Attorney General has said the government can order Jamaat-e-Islami leader Abdul Quader Molla's execution, now that the trial court has already issued his death warrant.

Attorney General Mahbubey Alam made the observation on Monday as members of Molla’s family and his lawyers maintained he was entitled to file a review petition against the Supreme Court verdict.

The International Crimes Tribunal on Sunday issued Molla's death warrant within hours of receiving a copy of the full version of the highest court’s verdict sentencing him to death.

“With regard to Molla’s judgment, I have been saying from the beginning that there is no option for a review. I wish to say unambiguously that the Jail Code won’t apply here,” Alam said.

The Jail Code provides for review of a death penalty awarded by the apex court.

The Attorney General said: “Since Section 47A(2) (of Bangladesh Constitution) won’t be applicable here and since the trial has been held under a special law, the Jail Code is irrelevant in this case.”

Molla’s lawyer Abdur Razzaq said after the death warrant was issued that the filing of a review petition was his client’s ‘constitutional right’, and that the papers were already being prepared.

But prosecutors say those convicted of genocide were not entitled to the ‘fundamental rights’.

Human rights and fundamental rights guaranteed by the Constitution were applicable to those sentenced for war crimes.

The International Crimes Tribunal had on Feb 5 sentenced Molla to life for killings, rapes and looting.

The prosecution moved the Supreme Court against the verdict arguing that the punishment was too lenient compared to the horrific nature of the crimes he committed.

The Supreme Court on Oct 17 revised the life term to death sentence.

The Attorney General said the jail authorities had already been informed of the Appellate Division's verdict. "Now the government will ask the jail authorities to execute the judgment."

Molla's execution can take place anytime now, he said.

Government attorneys say the Jamaat leader can seek clemency from the President within seven days of the release of the verdict, as the last option to get a lease of life.

Alam said: “Any convict can appeal to the President for mercy. It’s fine if he (Molla) does that. The petition will be sent to the President.”

He rejected the argument of Molla’s family and lawyers who claimed that the case lacked enough substances to give him capital punishment.

Referring to Molla’s wife calling witness Momena Begum ‘fake’, he said they were trying to foil the trial from the beginning.

“These (their statements) are all ill-motivated and it (trial process) is being made controversial.”

He said the Supreme Court had reached a decision after reviewing Momena Begum's deposition. “Saying anything against this witness is completely illegal and shows scant respect law.”

Alam also replied to Molla's lawyer Khandker Mahbub Hossain’s argument that the Tribunal could not issue any death warrant.

“The Supreme Court does not issue any death warrant. The Appellate Division revised the Tribunal verdict to death penalty. The Tribunal felt it necessary to inform the jail authorities and the government of the matter. And they did that.”