Defence opposes compensation for Birangana alongside capital punishment

A defence counsel for alleged 1971 Al Badr commander ATM Azharul Islam vehemently opposed Sunday the prosecution plea for compensation to Birangana Mansura Khatun, a Liberation War victim, in sentencing the accused to death penalty, saying there is no such provision in the International Crimes (Tribunals) Act, 1973, reports UNB.
Barrister M Shishir Manir came up with the view while submitting the defence case summing-up arguments on the remaining law points before the three-member International Crimes Tribunal-1.
Referring to the Bangladesh Penal Code (BPC), the defence counsel argued that even the BPC carries the term fine as a penal offence, but there is no provision of sentencing an accused to compensation as punishment since compensation and fine fundamentally differs with each other.
Referring to the ICT Rules of Procedure (RP), Shishir said though the tribunal enjoys the power of regulating its own procedure subject to the provision of the ICT Act, 1973, it may also impose fine or reparation in sentencing the accused proportionately to the gravity of the crime. The RP did not provide the term compensation as penal offence, he added.
Interrupting Shishir, the tribunal pointed out that compensation as the penal offence has been incorporated under the Nari-O-Shishu Nirjatan Daman Ain.