Court withdraws summons on Nizami, 35 others

FE Team | Published: May 14, 2009 00:00:00 | Updated: February 01, 2018 00:00:00

A Dhaka court Wednesday withdrew summons on appeal by plaintiffs on former Jamaat-e-Islami chief Golam Azam, incumbent chief Matiur Rahman Nizami, secretary general Ali Ahsan Mohammed Mojaheed, BNP leader Salahuddin Quader Chowdhury and 32 others to appear before court on July 20, report bdnews24.com and UNB.
Dhaka ninth additional district judge Iftekhar Ahmed retracted the summons he had served Monday over a civil suit filed last year seeking court orders declaring them 'war criminals' and barring them from running elections.
The plaintiffs in the appeal said since the government is initiating the process to try war crimes in 1971, so they are withdrawing the charges.
The 36 were to explain why they should not be declared 'war criminals' for the crimes they had committed during Bangladesh's war of independence from Pakistan in 1971.
State minister for law Kamrul Islam thanked the plaintiffs for withdrawing the case. The state can only file such a case according to the International Crime (Tribunal) Act for war crimes trial," he said.
"The confusion is now over after the withdrawal of the case," the minister said.
The appeal for the case withdrawal said: "We have decided to withdraw the case for the sake of the country, considering that the trial would be more rational, if it is held under International Crime (Tribunal) Act."
The court heard that since it was a trial-related case concerning war crimes, there was no need to declare 'war criminals.'
The trial of the case should be held under the special tribunal related to war crimes, the court further heard. "It should be a criminal case, not a civil case."
"The government has already taken steps for war crimes trial. So the case should be withdrawn." The state minister said the government is determined to hold the trail.
He said the process of forming a tribunal, and appointing investigating agency and lawyers in line with International Crime (Tribunal) Act 1973 would be completed immediately.
Kamrul said the court that accepted the case was mainly a civil court. It had no authority to accept such case. Such cases were accepted in the criminal courts, he said.
"We will examine why the civil court accepted the case," the state minister said.
He had said Monday there is no need to file cases in court. "The government's decision to hold the trial will be considered as the first information report."
Advocates Liton Mia, Safayet Hossain Sajib and Rajib Ahmed filed the petition with Dhaka District Judge's Court on Nov 13, 2008, a month before the general election.
The chief election commissioner, Election Commission secretary and Dhaka deputy commissioner were also made defendants in the case.
The litigants in the petition said the 36 were 'war criminals' according to International Crimes (Tribunals) Act 1973, the relevant law on 1949 Geneva Convention, and the Representation of People Order (Amendment) 2008.