Charge against Moulana Nijami had been framed, taking deposition will be held on July 1, Tribunal added one accusation in addition to the prosecution’s 15 accusations. Such framing of charge is not lawful--- Barrister Abdur Razzaq.
Friday, 01 June 2012
: The international crimes tribunal-1 framed charge against the ammer-e-jamaat and the previous Minister Moulana Motiur Rahman Nijami. Chairman of the tribunal-1, Nizamul Hoque Nasim gave this order on yesterday, Monday. The date of taking deposition was fixed and it will be started after the introductory speech of the prosecution on July 1. Though the prosecution brought 15 accusations against Motiur Rahman Nijami, the tribunal added another one accusation by own motion or suo motu. The chief of defence council Barrister Abdur Razzaq added, “This procedure is unlawful, it will not prevail in the highest judicial authority. But we have no chance to go there. So we are obliged to file a review application”. The International Crimes Tribunal-1, Chairman Nizamul Hoque Nasim constituted by three judges, gave the order of framing charge. Tribunal chairman read out this charge from 10.40 am to 11.50 pm.
16 accusations had been brought against Moulana Nijami.
Among the 16 accusations, one of the accusations that he was the commander of Al Badr and the president of the “Chatro Sangha” and for which he was accused of involvement as leaders. Among other accusations, in 15 accusations commission of Genocide, killing, looting, firing, etc are included.
Framing of charge became unlawful: Barrister Abdur Razzaq
The chief of Defence Council, Barrister Abdur Razzaq said, “The 16th accusation had not been submitted by the prosecution, the tribunal added it by its own motion, it was not done lawfully”. He said, the prosecution conducted the hearing as to 15 accusations. But the respected three judges of the tribunal added one accusation additionally. Prosecution did say nothing as to this issue. It cannot run if it is appealed against to the superior court. But we have no such chance. So we are obliged to file a review application”.
He added, “The prosecution did not find any accusation, they did not give any witness on this matter. But tribunal found the accusation”. He also said, “His speech was shown as accusation. But he was not in any post after the September of 1971 rather he was working as researcher of a research Institution. The report of the newspaper did not convey the message truly and translation of the Sura towba was not rightly presented”.
“Mistake will be committed if the accusation made by the tribunal continues” Razzaq added. Barrister Abdur Razzaq further said, “10 accusations of total accusation are described as committed by Nijami in his locality. But he did not go the locality in that time. Kormoja incidence, this incidence had been brought when he was elected as member of Parliamentary leader. These had been brought only from political reasons. He is elected Member of Parliament for two times and Minister for one time. Actually he has been victim of attack of Awami League because of political reason”. He again said, “Nijami has been mentioned as the leader of Al Badr, but he was not involved with it and the incidence was mentioned when he was not in any responsibility as any post holder. We will apply for the review for full matters”.
Moulana Motiur Rahman was brought before tribunal on Monday and before giving the order of framing charge and prior to the prosecution and the chief of defence council completed their submission and after completing the arguments of both party, tribunal fixed the time of framing charge May 28, on May 3. The prosecution presented the argument to frame charge on March 21 and the accused filed an application on May, 3 to discharge Moulana Motiur Rahman Nijami from the accusations.
And the 15 accusations written on 73 pages against the supreme leader of jamaat-e-Islami had been submitted before the tribunal by the prosecution. Moulana Motiur Rahman Nijami was shown arrest for attacking the religious feeling on June 29, 2010 and he was shown arrest as per the order of the tribunal for war crimes and crimes against humanity later on.