The Supreme Court has sent another letter to the law ministry, asking it to shift the International Crimes Tribunal (ICT) from the old High Court building by December 31. Earlier, on August 18, the apex court had written to the law ministry asking it to relocate the ICT from its present place and hand over its possession by October 31. But, on October 30, the law ministry had urged the Supreme Court to reconsider its directive to relocate the ICT from the old High Court building. In the letter, the law ministry said: “The handover of the possession of the old HC building to the SC, scrapping the war
crimes trial, would not be acceptable to all.” It even added that such a step would cause the SC to face “questions”. The law ministry said in the letter that the old High Court building was a historical structure. This building was built as an official residence of the then governors of East Bengal and Assam provinces, and then it was turned into the High Court of the then East Pakistan.
The government has been using the building for the ICT as it does not have a safe structure at any other place. The ministry also said that people of the country wanted the building’s dignity to be upheld and protected by not relocating the ICT. However, on December 4, the apex court sent another letter asking the ministry to relocate the ICT by December 31, law ministry sources said.
In its latest letter, the apex court said that the government was yet to take any step to relocate the ICT, adding that the law ministry
has created an unwanted situation by requesting the top court to reconsider its directive. The apex court letter also said that the law ministry’s arguments for not relocating the ICT were not acceptable.
If the government had shown a goodwill gesture, the ICT could have been relocated to a safer and protected place, the SC letter noted.
As the SC currently does not have adequate accommodation for its judges and other staff, it needs the space allocated to the ICT in the old High Court building to resolve the crisis, the letter noted.
The apex court was not able to build sufficient rooms for its more than 2,500 staff members as it could not build standard chamber rooms for the judges due to lack of space, the letter added.
It also said that the apex court could not provide a place for the police officials to stay there permanently to ensure the security of the apex court. Despite the repeated requests from the police department to provide a place for them, the apex court could not do so due to the dearth of space.
Considering all these aspects, the apex court requested the law ministry to take necessary steps or relocating the ICT from its present place by December 31. Law ministry sources say the ministry has decided to send another letter requesting the Supreme Court to review it directive.
In the previous letter, the law ministry said that the present government has decided to hold trial of crimes against humanity, peace and war crimes including genocides and rapes committed during the country’s Liberation War in 1971, in a historical and secured place. The government has been using the Old High Court building as the ICT as it did not get a safe structure at any other places.
The law ministry said in the letter that a part of the building was being used as office of the Law Commission and Bangladesh Judicial Service Commission in 2009 and then the building was not maintained well at that time. As a safe place was being searched for establishing the ICT and that the issue of security was the priority, the building was the safest place in all aspects, the ministry said. The law ministry also said in the letter that then
necessary reforms was brought to the building after the ICT was established there and that the offices of Law Commission and Bangladesh Judicial Service Commission was transferred to 15, College Road Building.
Since then, the trial proceedings started there and trials of many notorious war criminals were held there and that is why the historical value of the building has increased.
If the ICT is relocated from the Old High Court Building, anger will feature in the minds of the people and its relocation will create obstacles to the continuation of proper development.
In this situation, if the trial of war criminals are stopped and the possession of the Old High Court Building is handed over to the Supreme Court, that will not be universally acceptable and the Bangladesh Supreme Court will become questionable to the countrymen, the law ministry said in the letter. But, the apex court, in its latest latter, said that the arguments of the law ministry relating to the relocation of the ICT was not proper and it could be relocated easily, if the government wants to do so. Apart from the ICT relocation, the law ministry and the Supreme Court are in disagreement over some other issues like judges’ transfer and departmental action against corrupt judicial officials, according to the law ministry and the Supreme Court sources.