Dhaka, Mar 6 (bdnews24.com) — Instead of presenting arguments, prosecutor Zead-Al-Malum merely read what he said 'highlights' from the voluminous formal charge against Jamaat guru Ghulam Azam at the war crimes tribunal on Tuesday.
The International Crimes Tribunal, set up to deal with the crimes against humanity during the 1971 Liberation War, also ordered before closing the day's proceedings that indictment hearing against Jamaat-e-Islami's assistant secretary general Abdul Quader Molla will begin on Wednesday.
In reply to a defence petition for adjournment since it had not been served with all the documents from the prosecution, the tribunal said that it would pass a separate order about when the defence would begin reply to the formal charges.
After Malum had re-read through some parts of the formal charges, tribunal member, Judge A K M Zaheer Ahmed chose to intervene. He told the prosecutor that he had read the same parts once before.
Malum then said that he was only reading the highlights and would later follow up with other details.
"I am afraid there might be report in [Wednesday's] papers that the prosecutor did not mention all the points but only a few of them," said Malum who has been slighting the media over the last few days.
Judge Zaheer Ahmed proceeded to provide the prosecutor with some points that he thought could be elaborated upon. "Perhaps then your and our lives would become easier."
"But we have had to sit here for hours listening to trifling petitions…" Malum trailed off to the visible embarrassment of the judge.
Zaheer Ahmed quickly apologised. "Sorry. You read on. I won't intervene," said the judge who has taken on the habit of asking this prosecutor not to be angry with him before putting forth his queries.
Malum resumed his reading of the formal charges in a court room that became emptier as he laboured on through the text before him.
The only details that followed after the lunch recess was another tedious session when prosecutor Sultan Mahmud read out a list of documents and articles that the prosecution had attached to the numerous documents submitted with the formal charge. An index, however, had already been submitted to the judges for their perusal.
Malum resumed after his colleague was done and continued for the better part of an hour and finished placing his much awaited 'arguments', reading the last few pages of the formal charge with much zeal and gusto.
The arguments never came, though.
Judge A K M Zaheer Ahmed then asked him about his proposal to charge the former Jamaat chief under sections 3.2, 4.1 and 4.2 of the International Crimes (Tribunal) Act of 1973.
The judge asked about Malum's position regarding section 4.1, which states, "When any crime as specified in section 3 is committed by several persons, each of such person is liable for that crime in the same manner as if it were done by him alone."
Section 3 elaborately defines the different crimes under the jurisdiction of this tribunal including crimes against humanity, peace and genocide.
Judge Zaheer Ahmed asked Malum whether it was his position that Ghulam Azam's presence was required to charge Azam under section 4.1. Malum replied, "No it is not necessary."
The defence is scheduled to reply on Mar 12.
ABDUL QUADER MOLLA
The defence then brought several applications requesting the tribunal to direct the prosecution to provide it certain documents that had not been served upon them although they were mentioned along with the formal charge.
Tribunal chairman Justice Nizamul Huq declined to pass any order on the matter and told the prosecution to settle it mutually.
As for an adjournment petition, Justice Huq ordered the prosecution to begin indictment hearing on Wednesday, saying that he would pass an order regarding when the defence should begin its replies.
The tribunal also passed an order allowing privileged communication between Molla and two counsels on Mar 10 between 10am and 1pm.
JAMAAT GURU IN ICT
On Dec 12, the prosecution brought a 52-point charter of charges against Ghulam Azam and appealed for his arrest. Later, following the tribunal order, charges were re-arranged and presented to the tribunal on Jan 5.
He was produced before the tribunal by it order on Jan 11 and sent to jail on the same day. Since that evening Ghulam Azam has been shifted to the prison cell of the Bangabandhu medical university for better treatment considering his delicate health.
Azam had allegedly lead the infamous 'peace committees' and collaborated with the Pakistan Army during the Liberation War. He also spoke in favour of Pakistan to the Middle Eastern countries during the war, according to the prosecution.
He stayed in London for seven years after 1971 and returned to Bangladesh in 1978 during Ziaur Rahman's rule. Having led Jamaat for long, Azam retired from active politics in 1999.
The defence is set to begin countering the formal charge against Azam on Mar 12.
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