The Appellate Division of the Supreme Court yesterday expressed dissatisfaction over, what it observed, the incompetence of the prosecution and investigators, who have been dealing with war crimes cases.
“We are shocked at the performance of the prosecution and the investigators for their incompetence in dealing with war crimes cases. A huge amount of money is being spent, but their responsibilities are not reflected in their performance,” Chief Justice Surendra Kumar Sinha came up with the remarks during the hearing on an appeal filed by war crimes convict and Jamaat leader, Mir Quasem Ali, challenging his death penalty in the war crimes case.
“We became shocked when we read the documents submitted by the prosecution and investigators before the court during the trial proceedings. Although they have received huge facilities from the government, their services were not satisfactory at all,” the Chief Justice said.
What are they doing after taking a huge amount of money from the government? After completion of the trial proceedings, they went on television and took police shelter, but their performance is very poor, he noted.
A five-member bench of the Appellate Division, headed by Chief Justice Surendra Kumar Sinha, came up with the observations after receiving records and documents of the International Crimes Tribunal-2, saying
that the prosecution could not produce witnesses in some charges brought against Mir Quasem Ali.
The other judges of the bench were Justice Syed Mahmud Hossain, Justice Hasan Foez Siddique, Justice Bazlur Rahman and Justice Mirza Hussain Haider.
Later, Attorney General Mahbubey Alalm placed his arguments before the apex court on the appeal.
At one stage of the hearing, the Chief Justice wanted to know from the Attorney General whether he could complete the hearing on the appeal by Tuesday. The chief law officer of the state replied that he would conclude his argument on the morning of Tuesday.
After completion of his argument, the apex court will allow the defence side some time to reply. Then, the apex court will conclude the hearing on the appeal.
Lawyers concerned said the apex court is likely to keep the matter waiting on Tuesday for delivering the verdict any day, as it might complete the hearing by Tuesday. On February
9, the Appellate Division of the Supreme Court started hearing an appeal filed by Jamaat-e-Islami leader Mir Quasem Ali challenging the verdict of a war crimes tribunal, that awarded him the death sentence for wartime offences.
On November 2, 2014, the then International Crimes Tribunal-2 sentenced Quasem Ali to death after it found him guilty on 10 charges of abduction, and confining and torturing people during the Liberation War in 1971.
Ali later filed an appeal before the SC, challenging the tribunal’s verdict. Ali, a member of the Jamaat-e-Islami’s central executive Council, in his appeal, cited 181 reasons for his acquittal on all charges.
So far, the apex court has handed down its verdicts against six war criminals in war crimes cases.