Crime & Justice

ICT turns down Ziaul’s petition challenging its jurisdiction

The International Crimes Tribunal yesterday rejected a petition challenging the tribunal's jurisdiction to hold the trial of Maj Gen Ziaul Ahsan, who is accused of keeping people in secret prisons after abducting them.

Justice Golam Mortuza Majumder, who led the three-member bench, stated that the petition was "not maintainable and premature".

The trial proceedings can go on, according to Mohammad Tajul Islam, chief prosecutor of the tribunal.

Ahsan's lawyer Nazneen Nahar argued that the ordinance, which included enforced disappearance as a crime against humanity, was unconstitutional, and as the government lacked the authority to amend the ICT Act 1973, the amendments were invalid.

Justice Mortuza said the tribunal did not have the authority to rule on constitutional matters.

A constitutional court would be appropriate for such issues, he added.

Since Ahsan has not been indicted or charged with a specific offence, the court deems the petition premature, the judge said.

On January 20, Ahsan's lawyers filed the petition challenging the ICT's judicial authority.

The lawyers also argued that the amendment through which the tribunal was formed was also invalid and requested acquittal of their client.

Chief Prosecutor Tajul told the court that Ahsan's lawyers were raising irrelevant issues.

Ehsan's petition mentioned that he was arrested on August 7. Although law enforcers are bound to present a suspect before the court within 24 hours of an arrest, Ahsan was brought to a magistrate court on the 16th. This has violated his constitutional and fundamental rights.

The chief prosecutor said, "This is a ploy to claim later that Ziaul Ahsan himself had become a victim of enforced disappearance."

Justice Mortuza said the court acknowledges what the defence had said in the petition.

"And we will say that these issues do not pertain to this court," he said.

As Tajul persisted that there was no reason to let the defence make these statements, the justice said, "If we don't let her speak, she can do it in many other places."

The entire court audibly chuckled at this remark.

Soon after the court issued its order, Nazneen and Tajul engaged in a heated debate as the latter said the defence lawyer should have properly studied the law so as to avoid making a flimsy argument at the court.

Nazneen addressed the judges, saying that she expected to be treated with respect.

Tajul retorted, "You should really study the law before making arguments and wasting the court's time."

The justice then urged both parties to stay calm and civil.

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ICT turns down Ziaul’s petition challenging its jurisdiction

The International Crimes Tribunal yesterday rejected a petition challenging the tribunal's jurisdiction to hold the trial of Maj Gen Ziaul Ahsan, who is accused of keeping people in secret prisons after abducting them.

Justice Golam Mortuza Majumder, who led the three-member bench, stated that the petition was "not maintainable and premature".

The trial proceedings can go on, according to Mohammad Tajul Islam, chief prosecutor of the tribunal.

Ahsan's lawyer Nazneen Nahar argued that the ordinance, which included enforced disappearance as a crime against humanity, was unconstitutional, and as the government lacked the authority to amend the ICT Act 1973, the amendments were invalid.

Justice Mortuza said the tribunal did not have the authority to rule on constitutional matters.

A constitutional court would be appropriate for such issues, he added.

Since Ahsan has not been indicted or charged with a specific offence, the court deems the petition premature, the judge said.

On January 20, Ahsan's lawyers filed the petition challenging the ICT's judicial authority.

The lawyers also argued that the amendment through which the tribunal was formed was also invalid and requested acquittal of their client.

Chief Prosecutor Tajul told the court that Ahsan's lawyers were raising irrelevant issues.

Ehsan's petition mentioned that he was arrested on August 7. Although law enforcers are bound to present a suspect before the court within 24 hours of an arrest, Ahsan was brought to a magistrate court on the 16th. This has violated his constitutional and fundamental rights.

The chief prosecutor said, "This is a ploy to claim later that Ziaul Ahsan himself had become a victim of enforced disappearance."

Justice Mortuza said the court acknowledges what the defence had said in the petition.

"And we will say that these issues do not pertain to this court," he said.

As Tajul persisted that there was no reason to let the defence make these statements, the justice said, "If we don't let her speak, she can do it in many other places."

The entire court audibly chuckled at this remark.

Soon after the court issued its order, Nazneen and Tajul engaged in a heated debate as the latter said the defence lawyer should have properly studied the law so as to avoid making a flimsy argument at the court.

Nazneen addressed the judges, saying that she expected to be treated with respect.

Tajul retorted, "You should really study the law before making arguments and wasting the court's time."

The justice then urged both parties to stay calm and civil.

Comments