SQ Chy, Mujahid review petition
Hearing deferred to November 17
STAFF REPORTER
The Appellate Division of the Supreme Court yesterday deferred till November 17 hearing of two separate review petitions filed by death-row convicts - Jamaat leader Ali Ahsan Muhammad Mujahid and BNP leader Salahuddin Quader Chowdhury - seeking reconsideration of their death penalties for wartime offences.
A four-member bench of the Appellate Division headed by Chief Justice Surendra Kumar Sinha passed the order following two separate petitions moved by Principal Counsel for Mujahid and Chowdhury, Khandaker Mahbub Hossain. Hossain told the court that they need time to prepare to place arguments on the review petitions.
Thereafter, the apex court rejected another petition filed by Chowdhury seeking permission for eight witnesses including five Pakistani nationals to record their statements on his behalf. The petition claimed that Chowdhury was not in the country from March 29, 1971 to April 1974 and the eight witnesses want to depose in favour of this claim. Hossain told reporters that the court rejected Chowdhurys petition saying it did not depend on the affidavit filed by him for recording the statements of eight witnesses. In all, the court rejected four separate petitions filed by Chowdhury and Mujahid seeking time and summoning defence witnesses.
Meanwhile, Attorney General (AG) Mahbubey Alam told reporters that the court has fixed November 17for hearing the review petitions.
Earlier on October 20, Chamber Judge of the Appellate Division Justice Syed Mahmud Hossain had fixed
November 2 for hearing of review petitions at full bench of the apex court. The chamber court order came in the wake of government petitions filed by the AG, seeking early hearing of review petitions.
On October 14, Mujahid and Chowdhury had filed separate review petitions with the Supreme Court for reconsideration of their death penalties for wartime offences. Mujahids counsel Advocate Shishir Munir had submitted a 38-page review petition before the apex court, containing 32 grounds for reconsideration while Chowdhurys lawyer Hujjatul Islam Khan Alfesani had submitted a 108-page petition before the SC, containing 10 grounds for reconsideration.
Later at a press briefing, Hossain had said that the apex court would release Mujahid and Chowdhury if it considered their review petitions properly. Regarding Mujahids petition, Hossain said they had annexed fresh evidence showing that the Al-Badr force was operated and led by Pakistani military personnel and not Mujahid.
On July 17, 2013, the International Crimes Tribunal (ICT) sentenced Mujahid to death for killing intellectuals during the Liberation War. Later, Mujahid moved the Appellate Division against the verdict but the apex court, on June 16, upheld ICTs verdict. On October 1, 2013, the then ICT-1 found Chowdhury guilty of crimes against humanity, including rape and mass killing, during the Liberation War and condemned him to death. On October 29 the same year, Chowdhury filed an appeal with the Appellate Division of the SC against the ICT-1s verdict. On July 29 however, the apex court upheld the verdict of the then ICT-1.
Presently, Chowdhury is in Kashimpur Jail while Mujahid is in Dhaka Central Jail. The review petitions are the duos last resort to evade execution. In the event the apex court does not allow review petitions, they will be left with just one alternative seeking Presidential clemency.
