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There is no basis of accusing Kader Mollah as Al Badr Commander Same person can not be the Commander and Associate at a time
Tuesday, 12 June 2012
The hearing of the Review petition on the charge of Crime against Humanity filed against the Assistant Secretary General of Jamaat Abdul Kader Mollah was concluded yesterday. Tribunal will give order on 14th June. Taking part in the Hearing, chief defense lawyer of Kader Mollah Barrister Razzak argued on three points - Kader Molllah was not the Al Badr Commander, Charges brought against him do not constitute Crime against Humanity and same person can not be the Commander and Associate at a time.
Barrister Razzak said, in the Charge sheet Prosecution didn’t accuse Kader Mollah as Al Badr, it was made up by the Tribunal itself. A mere accusation was there about him on the involvement with Al Badr, but that dose not makes him Commander.
Tribunal replied that we constituted the Charge based on facts and information given by the Prosecution. He was a member of Chhatra Sangha while residing in the Sahidullah Hall of DU. Those members ultimately joined and formed Al Badr. Six other charges also highlight the term Al Badr. Tribunal Chairman ATM FAzle KAbir said that, mere accusation as Al Badr does not make any one Al Badr. The Charge was framed by the Prosecution ad the burden of proof lies on them.
After Hearing, Tribunal said that the order on this review petition will be given on 14th June. Tribunal 2 chaired by Justice ATM Fazle Kabir ordered that.
On 28th May, Prosecution framed the Charge Sheet with six specific charges against Abdul Kader Mollah, 20th June is been fixed as the Opening Day of Statement.
Barrister Abdur Razzak said, Abdul Kader Molla didn’t commit any crime against humanity. Te charge of killing Pallab and Meherunnisa was merely a criminal offence. Again, he was shown as the main perpetrator and also the assistant in a same charge, which is legally impossible.
Prosecutor Haydar Ali said that Formal charge is not everything, its just the beginning of the trial process. Killing of Pallab and Meherunnisa was a crime against Humanity because they were killed along with many other and the were killed only because of their specific national and political identity.