Review petitions can be filed over appeal verdicts in war crimes cases, says the Supreme Court's (SC) Appellate Division, report agencies.
The Appellate Division has ruled that both the prosecution and the condemned 1971 war criminals may enjoy the right to file review petitions against its verdict within the 15 days of receiving its certified copy.
It, however, said the review petition should be disposed of on priority basis.
Following the release of the apex court judgment on Quader Mollah's review, another condemned war criminal convict Jamaat leader M Kanmaruzzaman, a 1971 operator of Al Badr, a secret killing squad of Jamaat-e-Islami, now on the death row, will get the opportunity to file review petition accordingly.
However, prosecutors will also be able to file a review against the verdict that lowered the death sentence for war criminal and Jamaat leader Delwar Hossain Sayedee.
The full verdict of war criminal Molla's review rejected last year was published Tuesday, said Supreme Court(SC) Registrar Md Kuddus Zaman.
Review petitions filed by individuals convicted under the International Crimes (Tribunal) Act 1973 will be maintainable, it said, adding that it cannot be equated to an appeal.
It must be filed within 15 days, since the 30-day period of limitation followed in regular cases will not apply in such cases, the verdict said.
"If any review or mercy petition is filed or pending, the sentence cannot be executed unless the petitions are disposed of."
The matter brings to an end long standing arguments between prosecutors and defence lawyers about scope for review.
The Appellate Division on Sept 17 last year awarded death to Molla, sentenced to life by the war crimes tribunal. His lawyers filed two pleas following the order.On September 17 last year, the Appellate Division sentenced the Jamaat leader to death for his 1971 crimes against humanity allowing the appeal filed by the prosecution against the February 5, 2013 International Crimes Tribunal-2 verdict that had handed down life term imprisonment.
The condemned convict was executed on December 12 last year after the SC had summarily dismissed his review petitions.
If any review or mercy petition is filed or pending, the apex court observed that the sentence cannot be executed unless the petitions are disposed of. "So, the period of seven days or 21 days mentioned in sub-rules (I) and (VI) of rule 991 of the Jail Code have no force of law under the changed conditions."
The SC observation further said the period of limitation provided in the Appellate Division rules will not be applicable in respect of a review petition from a judgment on appeal under the International Crimes (Tribunals) Act 1973.
