Against the backdrop of continuous failure of the defence to appear before the court, the International Crimes Tribunal-1 in an extraordinary move yesterday drew conclusion to the war crimes case against Jamaat-e-Islami chief Motiur Rahman Nizami.
The three-member tribunal led by Justice ATM Fazle Kabir with member judges Justice Jahangir Hossain Selim and Justice Anwarul Haque kept the case waiting for verdict rejecting a defence petition for a further adjournment.
The tribunal said it had entertained several adjournment pleas of the defence even though the International Crimes (Tribunals) Act, 1973 did not allow such adjournments.
The tribunal however gave the defence an opportunity to place their written arguments within five days.
The defence said they would file a review petition on the order while the prosecution opined the tribunal had done the right thing.
As per the indictment order, Nizami was involved in arrest, detention, torture, killing, causing deportation, conspiring and inciting followers to commit crimes against humanity and genocide during the Liberation War in 1971.
If found guilty, he may walk the gallows.
Meanwhile, according to records of the case proceedings, the senior defence counsels on every hartal day failed to appear before the tribunal showing “personal difficulties” or “unavoidable circumstances”.
In the last week of October, the defence kept the tribunal waiting for recording testimony of a witness, as the BNP-Jamaat-led 18-party alliance called a 60-hour hartal. On each of those days the defence filed an application for adjournment and the tribunal allowed those.
On completion of recording testimony and cross-examination, the tribunal on October 31 fixed three days from November 3 for the prosecution and four days for the defence in a consecutive array.
Meanwhile, the BNP-Jamaat alliance has enforced another spell of 60-hour hartal from November 4.
On November 7, defence counsel Mizanul Islam began placing arguments and spent most of the day discrediting the first prosecution witness.
Since Sunday this week, all the senior defence counsels remained absent from the tribunal. On the first weekday, a junior counsel filed an adjournment petition for one week. In the following days the prayer for the adjournment was shortened to three days, then two days and finally to one day.
Each of these days except yesterday the tribunal allowed an adjournment for a day asking the defence to appear before the court for the proceedings.
On Tuesday, which was supposed to be the last day of placing arguments, the tribunal allowed an adjournment petition and adjourned the proceedings until yesterday. The tribunal also issued a warning that that was the last chance for the defence.
Junior defence counsel Asad Uddin yesterday appeared before the tribunal and prayed for a day's adjournment with a “new ground” that conducting counsel Mizanul Islam was sick.
Tribunal chairman Justice Kabir asked the lawyer if he would assure the court they would complete the rest of the arguments in one day.
Asad expressed his limitation saying such a decision would come from his senior colleagues.
At this stage the tribunal passed the order.
Justice Kabir said, “We granted the defence adjournments one after another for having their cooperation and for the sake of justice. But as a court of law we cannot wait for endless time on any personal difficulty cited by the defence.
“Having considered all factual and legal aspects, we are inclined to hold that the defence should not be allowed any more adjournments on the same ground. Therefore, the summing up of the case by the learned defence is hereby concluded and the application for adjournment is also rejected,” added justice Kabir.
CHARGES
The charges against Nizami are:
1. Causing arrest, detention, torture and murder of three victims including head moulana of Pabna Zilla School Kasim Uddin on June 4, 1971.
2. Conspired to commit crimes, and caused murders of 450 people, rape of 30-40 women and deportation of villagers of Baousgari, Ruposhi and Demra in Pabna on May 14.
3. Complicity in torture, murder and rape committed at Mohammadpur Physical Training Institute.
4. Complicity in murders, rapes, loot and destruction of property committed at Karamja village in Pabna on May 8.
5. Complicity in murder of 21 unarmed villagers of Arpara and Vutergari under Ishwardi Police Station on April 16.
6. Involved in and responsible for murder of 30 people of Dhulaura village on November 27.
7. Complicity in torture and murder of Sohrab Ali on December 3.
8. Committed the crime of murder of Bodi, Rumi, Jewel and Azad at the old MP hostel on August 30.
9. Committed the crime of genocide by killing about 70 Hindus of  Brishalikha village on December 3.
10. Involvement in destroying the house of Onil Chandra Kundu.
11. Giving inciting speech on August 3 during a meeting of Islami Chhatra Sangha held at the Muslim Institute Chittagong.
12. Giving inciting speech on August 22 at a meeting organised in remembrance of Al Madani held at the Islamic Academy Hall.
13. Giving inciting speech on September 8 on the occasion of the defence day at the Arts Building premises organised by Dhaka city unit of Chhatra Sangha.
14. Giving inciting speech addressing Razakars of Jessore On September 10.
15. Committed conspiracy, and
16. Committed genocide to eliminate intellectuals and professionals.