Death sentences upheld

SC dismisses review pleas of Mujahid, SQ Chy; brother says Mujahid won�t seek clemency

The Appellate Division of the Supreme Court yesterday cleared the decks for execution of war crimes’ convicts Ali Ahsan Muhammad Mujahid and Salauddin Quader Chowdhury after dismissing their petitions seeking reconsideration of their death penalties for wartime offences.
In a jam-packed courtroom, the four-member bench of Appellate Division headed by Chief Justice Surendra Kumar Sinha once again upheld the International Crimes Tribunal (ICT) verdict awarding death sentences to the convicts for crimes against humanity committed during the country’s Liberation War in 1971.
Earlier, on Tuesday, the same bench had concluded hearing on the review petition of Jamaat-e-Islami Secretary General Ali Ahsan Muhammad Mujahid and kept the matter waiting for delivering verdict yesterday at 11.30am.
Soon after entering the courtroom, the four-member bench of the apex court yesterday morning started hearing review petition of BNP Standing Committee Member Salauddin Quader Chowdhury and fixed 11.30am for delivering its verdict after concluding hearing from both sides in about one and a half hour.
Before delivering its verdict, the apex court took a one-hour-break to discuss arguments placed by both defence and prosecution on the review petitions. The four-member judges led by the chief justice again entered the courtroom at 11.33am and delivered the verdict saying that “review petitions are dismissed”.
It was not immediately known on what grounds the apex court turned down the review pleas as it gave a short order. The grounds will be known after getting details of the verdict later on, opined the concerned lawyers.
However, both defence and prosecution lawyers said that both appellants are now left with the last option of seeking Presidential clemency following the apex court’s final verdict.
Meanwhile, Mujahid’s brother Ali Afzal Md Khalech, also the Nayeb-e-Ameer of Faridppur district unit Jamaat, said Mujahid will not seek presidential clemency. He also claimed that his brother has become a victim of political vengeance, according to Independent Television.
During yesterday’s proceedings, Counsel for Salauddin, Khandaker Mahbub Hossain, told the court that they have submitted original copy of Salauddin’s certificate, which was issued by Punjab University stating that the appellant was a student of Punjab University in 1971.
Advocate Khandaker also said that if anyone had any doubts about documents submitted by Salauddin related to his educational qualifications, they could conduct an investigation into the matter. The court could also ask the Attorney General to take initiative to scrutinise Salauddin’s documents pertaining to his education in Punjab University.
Opposing Advocate Khandaker’s submission, Attorney General Mahbubey Alam told the court that it was a “false or duplicate” certificate submitted by Salauddin as the appellant has failed to submit the certificate during the whole trial proceedings. The Attorney General argued that Salauddin did not submit any certificate at the tribunal as well as the Appellate Division during the trial procedure. However, now, at the final stage, he has submitted a fake certificate, stressed the Attorney General.
Later, the court asked Advocate Khandaker as to why he did not submit the certificate before the tribunal. Advocate Khandaker replied that they had applied in 2012 for the certificate, but the concerned authorities provided the certificate to the appellant this year.
Hence, the appellant submitted the original certificate before the court during the last stage of the trial, said Advocate Khandaker. The defence lawyer also said that the BNP leader had shifted from Dhaka University to Punjab University through a credit transfer in 1971.
But the Attorney General said that there was no semester system in Dhaka University at that time. So there was no semester and no credit transfer, he added.
Thereafter, the Chief Justice wanted to know from Advocate Khandaker why the concerned authorities had written figure 19 in big letters and figure 70 in small letters in the certificate. Besides, there was no similarity between the tribunal’s documents and the apex court’s documents submitted by the appellant during the trial proceedings, the Chief Justice said.
The Chief Justice also placed four questions in front of Advocate Khandaker saying why they submitted the certificate before the apex court at the final stage though their earlier documents proved fake during the trial proceedings. Secondly, why they failed to give the Punjab University certificate to the tribunal though some documents of London and Washington had been submitted.
Thirdly, why did they not submit any document of “credit transfer” regarding the admission process of the appellant at Punjab University. Fourthly, why was the certificate submitted at this hour when it had been collected in 2012.
To this, Advocate Khandaker said that the Chief Justice could conduct an investigation if he had any doubt regarding the certificate of the appellant. Thereafter, the court said it would deliver verdict at 11.30 on the review petition.
In an immediate reaction to the verdict, Attorney General Mahbubey Alam expressed satisfaction over the verdict and said that they were happy after hearing the verdict as the apex court had ensured justice for families of victims.
The chief law officer of the state said that the legal process has come to an end following the apex court’s order. Now there is no legal bar in carrying out the executions, he added.  
“I am very delighted. This order has met the expectations of the nation for sure. I had sought a short order in this regard from the court, but the court said that wouldn't be required,” said the Attorney General.
On the other hand, Advocate Khandaker was more realistic when he said, “We have fought a legal battle and lost. Whether the accused are going to seek clemency or not, it is completely their matter. Appellate Division has passed the order. There is no scope for arguments now.”
In response to a query, Advocate Khandaker said that they have submitted original documents before the court. But the court did not accept their documents. “If the government will execute the convicts, then they can seek justice from almighty Allah in the next life on whether the court verdict was right,” he added
Today, no people were seen from Salauddin's family at the court, whereas Ali’s son Ahmed Mabrur was there alongside the defence counsel. He said that they will try to meet his father in jail soon and his father will take a decision on approaching the President for clemency.
On October 14, Mujahid and Salauddin had filed separate review petitions with the Supreme Court for reconsideration of their death penalties for wartime offences. Ali’s counsel, Advocate Shishir Munir, had submitted a 38-page review petition before the apex court, containing 32 grounds for reconsideration while Salauddin’s lawyer, Hujjatul Islam Khan Alfesani, had submitted a 108-page petition before the SC, containing 10 grounds for reconsideration.
On July 17, 2013, the International Crimes Tribunal (ICT) sentenced Mujahid to death for abetting and facilitating mass murders including those of intellectuals, scientists, academics and journalists during the 1971 War of Liberation.
Later, Mujahid moved the Appellate Division against the verdict but the apex court, on June 16, upheld the ICT’s verdict.
On October 1, 2013, the then ICT-1 gave Salauddin Quader Chowdhury the
capital punishment for killing
Kundeshwari Oushadhalaya owner and philanthropist Nutan Chandra Singha, murders of Nepal Chandra and three other Hindus at Sultanpur, leading the Pakistani troops to attack Unsattarpara in Raozan
and killing around 70 people, and abducting and murdering a Hathazari Awami League leader Sheikh Mozaffar Ahmed and his son Sheikh Alamgir.
On October 29 the same year, Salauddin filed an appeal with the Appellate Division of the SC against the then ICT-1’s verdict. On July 29 however, the apex court upheld the verdict of the then ICT-1.
Presently, Mujahid and Salauddin are in Dhaka Central Jail. The review petitions were the duo’s last-ditch effort to evade execution.

 

Death sentences upheld

SC dismisses review pleas of Mujahid, SQ Chy; brother says Mujahid won�t seek clemency

The Appellate Division of the Supreme Court yesterday cleared the decks for execution of war crimes convicts Ali Ahsan Muhammad Mujahid and Salauddin Quader Chowdhury after dismissing their petitions seeking reconsideration of their death penalties for wartime offences. In a jam-packed courtroom, the four-member bench of Appellate Division headed by Chief Justice Surendra Kumar Sinha once again upheld the International Crimes Tribunal (ICT) verdict awarding death sentences to the convicts for crimes against humanity committed during the countrys Liberation War in 1971. Earlier, on Tuesday, the same bench had concluded hearing on the review petition of Jamaat-e-Islami Secretary General Ali Ahsan Muhammad Mujahid and kept the matter waiting for delivering verdict yesterday at 11.30am. Soon after entering the courtroom, the four-member bench of the apex court yesterday morning started hearing review petition of BNP Standing Committee Member Salauddin Quader Chowdhury and fixed 11.30am for delivering its verdict after concluding hearing from both sides in about one and a half hour. Before delivering its verdict, the apex court took a one-hour-break to discuss arguments placed by both defence and prosecution on the review petitions. The four-member judges led by the chief justice again entered the courtroom at 11.33am and delivered the verdict saying that review petitions are dismissed. It was not immediately known on what grounds the apex court turned down the review pleas as it gave a short order. The grounds will be known after getting details of the verdict later on, opined the concerned lawyers. However, both defence and prosecution lawyers said that both appellants are now left with the last option of seeking Presidential clemency following the apex courts final verdict. Meanwhile, Mujahids brother Ali Afzal Md Khalech, also the Nayeb-e-Ameer of Faridppur district unit Jamaat, said Mujahid will not seek presidential clemency. He also claimed that his brother has become a victim of political vengeance, according to Independent Television. During yesterdays proceedings, Counsel for Salauddin, Khandaker Mahbub Hossain, told the court that they have submitted original copy of Salauddins certificate, which was issued by Punjab University stating that the appellant was a student of Punjab University in 1971. Advocate Khandaker also said that if anyone had any doubts about documents submitted by Salauddin related to his educational qualifications, they could conduct an investigation into the matter. The court could also ask the Attorney General to take initiative to scrutinise Salauddins documents pertaining to his education in Punjab University. Opposing Advocate Khandakers submission, Attorney General Mahbubey Alam told the court that it was a false or duplicate certificate submitted by Salauddin as the appellant has failed to submit the certificate during the whole trial proceedings. The Attorney General argued that Salauddin did not submit any certificate at the tribunal as well as the Appellate Division during the trial procedure. However, now, at the final stage, he has submitted a fake certificate, stressed the Attorney General. Later, the court asked Advocate Khandaker as to why he did not submit the certificate before the tribunal. Advocate Khandaker replied that they had applied in 2012 for the certificate, but the concerned authorities provided the certificate to the appellant this year. Hence, the appellant submitted the original certificate before the court during the last stage of the trial, said Advocate Khandaker. The defence lawyer also said that the BNP leader had shifted from Dhaka University to Punjab University through a credit transfer in 1971. But the Attorney General said that there was no semester system in Dhaka University at that time. So there was no semester and no credit transfer, he added. Thereafter, the Chief Justice wanted to know from Advocate Khandaker why the concerned authorities had written figure 19 in big letters and figure 70 in small letters in the certificate. Besides, there was no similarity between the tribunals documents and the apex courts documents submitted by the appellant during the trial proceedings, the Chief Justice said. The Chief Justice also placed four questions in front of Advocate Khandaker saying why they submitted the certificate before the apex court at the final stage though their earlier documents proved fake during the trial proceedings. Secondly, why they failed to give the Punjab University certificate to the tribunal though some documents of London and Washington had been submitted. Thirdly, why did they not submit any document of credit transfer regarding the admission process of the appellant at Punjab University. Fourthly, why was the certificate submitted at this hour when it had been collected in 2012. To this, Advocate Khandaker said that the Chief Justice could conduct an investigation if he had any doubt regarding the certificate of the appellant. Thereafter, the court said it would deliver verdict at 11.30 on the review petition. In an immediate reaction to the verdict, Attorney General Mahbubey Alam expressed satisfaction over the verdict and said that they were happy after hearing the verdict as the apex court had ensured justice for families of victims. The chief law officer of the state said that the legal process has come to an end following the apex courts order. Now there is no legal bar in carrying out the executions, he added. I am very delighted. This order has met the expectations of the nation for sure. I had sought a short order in this regard from the court, but the court said that wouldnt be required, said the Attorney General. On the other hand, Advocate Khandaker was more realistic when he said, We have fought a legal battle and lost. Whether the accused are going to seek clemency or not, it is completely their matter. Appellate Division has passed the order. There is no scope for arguments now. In response to a query, Advocate Khandaker said that they have submitted original documents before the court. But the court did not accept their documents. If the government will execute the convicts, then they can seek justice from almighty Allah in the next life on whether the court verdict was right, he added Today, no people were seen from Salauddins family at the court, whereas Alis son Ahmed Mabrur was there alongside the defence counsel. He said that they will try to meet his father in jail soon and his father will take a decision on approaching the President for clemency. On October 14, Mujahid and Salauddin had filed separate review petitions with the Supreme Court for reconsideration of their death penalties for wartime offences. Alis counsel, Advocate Shishir Munir, had submitted a 38-page review petition before the apex court, containing 32 grounds for reconsideration while Salauddins lawyer, Hujjatul Islam Khan Alfesani, had submitted a 108-page petition before the SC, containing 10 grounds for reconsideration. On July 17, 2013, the International Crimes Tribunal (ICT) sentenced Mujahid to death for abetting and facilitating mass murders including those of intellectuals, scientists, academics and journalists during the 1971 War of Liberation. Later, Mujahid moved the Appellate Division against the verdict but the apex court, on June 16, upheld the ICTs verdict. On October 1, 2013, the then ICT-1 gave Salauddin Quader Chowdhury the capital punishment for killing Kundeshwari Oushadhalaya owner and philanthropist Nutan Chandra Singha, murders of Nepal Chandra and three other Hindus at Sultanpur, leading the Pakistani troops to attack Unsattarpara in Raozan and killing around 70 people, and abducting and murdering a Hathazari Awami League leader Sheikh Mozaffar Ahmed and his son Sheikh Alamgir. On October 29 the same year, Salauddin filed an appeal with the Appellate Division of the SC against the then ICT-1s verdict. On July 29 however, the apex court upheld the verdict of the then ICT-1. Presently, Mujahid and Salauddin are in Dhaka Central Jail. The review petitions were the duos last-ditch effort to evade execution.