DHAKA: The High Court set August 22 for hearing the petition filed by Jamaat challenging the legality of some provisions of the International Crimes Tribunal Act and the first amendment to the constitution, hence the trial of its leaders on war-crime charges.  

An HC bench comprising Justice Mohammad Abdul Wahhub Mia and Justice Kazi Reza-Ul-Haque fixed the new date for hearing on the crucial matter of national importance.    

Assistant secretaries-general of Jamaat-e-Islami Mohammad Kamaruzzaman and Abdul Quader Mollah jointly filed the writ petition with the High Court Monday, seeking its direction for suspending the ICT trial proceedings against them.

Barrister Abdur Razzak and barrister Moudud Ahmed MP, also ex-law minister, filed the petition on behalf of the detained Jamaat leaders.

During the hearing, Barrister Abdur Razzak told the court that the articles 47(3) and 47(A) of the first amendment to the constitution “curtail the fundamental rights” of prisoners of war involved in war crimes as they can only appeal to the Appellate Division and not to the High Court in the first place.

The sections 3(1), 6(2), 6(8), 19(1), 19(3) and 20(2) of the International Crimes Tribunal Act-1973 are “unconstitutional” as those restrict the accused from challenging the formation, proceedings and orders of the tribunal.

Jamaat chief Motiur Rahman Nizami, Secretary-General Ali Ahsan Mohammad Mojaheed and Nayeb-e-Ameer Delwar Hossain Sayedee and assistant secretaries-general Mohammad Kamaruzzaman and Abdul Quader Mollah are now facing trial in the war-crime tribunal.

Later, the court requested Attorney-General Mahbube Alam to explain the Tribunal Act on certain sections at the next hearing.

Earlier, lawyers of Jamaat have filed eight petitions with the tribunal for cases against five of its top leaders. “All the petitions will be heard (analogous) on August 24.”

Jamaat chief Motiur Rahman Nizami, Secretary-General Ali Ahsan Mohammad Mojaheed and Nayeb-e-Ameer Delwar Hossain Sayedee were arrested on June 29 on charges of hurting religious sentiments of Muslims through their perceived blasphemous comments.

Later, the two assistant secretaries-general were arrested from the High Court gate on July 13 in a murder-and-arson case filed with Pallabi thana by an injured freedom fighter in January 2008.

BDST: 2016HRS, AUG 17, 2010.