New Age Islam
Thu Aug 13 2020, 04:47 PM

Radical Islamism and Jihad ( 16 Sept 2013, NewAgeIslam.Com)

Bangladesh Jamaat-e-Islami Leader Quader Molla Sentenced To Death for Committing Crimes against Humanity during the 1971 Liberation War

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

By Nazmus Sakib

17 Sep, 2013

The Appellate Division of the Supreme Court on Tuesday sentenced Jamaat-e-Islami leader Abdul Quader Molla to death for committing crimes against humanity during the 1971 Liberation War.

A five-member Appellate Division bench headed by Chief Justice Md Muzammel Hossain agreed on the conviction. However, one member of the bench differed the death sentence.

The SC verdict reads: “Criminal Appeal No 24 of 2013 filed by the Government is found to be maintainable unanimously. This appeal is allowed by majority. The order of acquittal passed by the International Crimes Tribunal No 2 in respect of charge No 4 is set aside by majority and the respondent is found guilty of the said charge.”

“He is sentenced to imprisonment for life of that charge. He is sentenced to death by the majority of 4:1 in respect of charge No 6. He will be hanged till death. Criminal Appeal No 25 of 2013 filed by the Abdul Quader Mollah is dismissed unanimously,” the verdict also said.

The apex court verdict adds: “The conviction in respect of charge No 6 is maintained unanimously. The conviction and sentence passed in respect of charge No 1, 2, 3 and 5 are maintained by majority of 4:1.”

Abdur Razzak, chief counsel of the Jamaat leader, said Quader Molla would file a review petition against the death penalty within 30 days of receiving the full verdict.

Asked whether they would seek presidential mercy, Abdur Razzak said: “Quader Molla’s family would decide the matter.”

However, Attorney General Mahbubey Alam said there was no opportunity to file a review petition against the verdict, but the defence could seek presidential mercy.

Both the government and the defence had appealed against the life-term handed down on February 5. The Jamaat assistant secretary general was tried for crimes against humanity he had committed during the Liberation War.

Since January, two war crimes tribunals delivered verdicts in cases against six former and current Jamaat leaders. The Quader Molla appeals case was the first one that was disposed of.

Earlier, the International Crimes Tribunal 2 sentenced Quader Molla to life imprisonment in two out of six charges of crimes against humanity. The Jamaat leader was given 15 years of imprisonment each for three charges, and acquitted in one.

Hours after the delivery of the verdict on February 5, hundreds of people thronged Shahbagh intersection demanding capital punishment of the Jamaat leader. The agitation continued nonstop until February 21 and millions of people from across the country and elsewhere in the world expressed solidarity with the demand.

Amid strong public demand, the International Crimes (tribunals) Act 1973 was amended on February 18 allowing the government to appeal against verdicts at the tribunal.

The government appealed with the Appellate Division on March 3 seeking capital punishment, while the convict on March 4 for acquittal. The appeals hearing ended on July 23.

On June 20, the Appellate Division asked seven senior lawyers to place their opinion as amicus curiae (friends of court) on whether the amendment of the tribunal law would be applicable in Quader Molla case.

Quader Molla Trial

July 13, 2010: Arrested on charges of committing crimes against humanity during the Liberation War.

August 2, 2010: Shown arrest on charge of crimes against humanity during 1971.

December 28, 2011: ICT took the formal charge into cognisance against him.

May 28 in 2012: ICT 2 framed charges against Quader Molla.

February 5, 2013: ICT 2 sentenced Quader Molla to life imprisonment.

March 3, 2013: The government appealed with the Appellate Division seeking capital punishment for Quader Molla.

March 4, 2013: Quader Molla appealed with the Appellate Division for acquittal.

July 23, 2013: The appeals hearing ended.

June 20, 2013: The Supreme Court appointed two amici curiae for Quader Mollah’s appeal hearing.

September 16, 2013: The Supreme Court set Tuesday to deliver the verdict

Source: http://www.dhakatribune.com/law-amp-rights/2013/sep/17/quader-mollah-walk-gallows

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‘No Scope to Review Quader Molla Verdict’

By NazmusSakib

17 Sep, 2013

Attorney General Mahmubey Alam said there was no opportunity to file a review petition against the Supreme Court verdict that sentenced Jamaat leader Quade M olla to death.

“The defence can only seek presidential mercy now,” he said while talking to journalists after the verdict was announced.

The defence referred to Article 105 of the Constitution which states: “The Appellate Division shall have the power, subject to the provisions of any Act of Parliament or of any rules made by that division, to review any judgment pronounced or order made by it.”

Opposing the defence view, the attorney general, said the Constitution curtails the rights of anyone who is convicted for crimes against humanity.

Referring to Article 47.3 and 47A.2 of the Constitution, he said the tribunal law does not mention review; it just gives the right to appeal.

Article 47A.2 reads: “Notwithstanding anything contained in this Constitution, no person to whom a law specified in clause 3 of article 47 applies shall have the right to move the Supreme Court for any of the remedies under this Constitution.”

Article 47(3) says: “Notwithstanding anything contained in this Constitution, no law nor any provision there of providing for detention, prosecution or punishment of any person, who is a member of any armed or defence or auxiliary forces or any individual, group of individuals or organisation or who is a prisoner of war, for genocide, crimes against humanity or war crimes and other crimes under international law shall be deemed void or unlawful, or ever to have become void or unlawful, on the ground that such law or provision of any such law is inconsistent with, or repugnant to, any of the provisions of this Constitution.”

The Appellate Division of the Supreme Court on Tuesday sentenced Jamaat-e-Islami leader Abdul Quader Molla to death for committing crimes against humanity during the 1971 Liberation War.

Earlier, the International Crimes Tribunal 2 had sentenced Quader Molla to life imprisonment on February 5 in two out of six charges of crimes against humanity. The Jamaat leader had been given 15 years of imprisonment each for three charges, and acquitted in one.

Source: http://www.dhakatribune.com/law-amp-rights/2013/sep/17/%E2%80%98no-way-review-quader-molla-verdict%E2%80%99

URL: http://www.newageislam.com/radical-islamism-and-jihad/nazmus-sakib/bangladesh-jamaat-e-islami-leader-quader-molla-sentenced-to-death-for-committing-crimes-against-humanity-during-the-1971-liberation-war/d/13523

 

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