The International Crimes Tribunal–1 on Sunday allowed two days – Sunday
and Monday – for closing arguments by the defence of detained Jamaat
chief and war crimes accused Matiur Rahman Nizami.
The tribunal allowed the time disposing of a defence plea seeking review
the tribunal’s November 13 order that closed the defence summing up of
the case and put the verdict on CAV (curia advisary vult, a Latin legal
term meaning court awaits verdict).
The tribunal disposed of the defence petition upholding its November 13 order keeping the judgement on CAV.
On November 13, the tribunal closed the defence case as no senior
defence lawyers appeared before the tribunal for the fourth consecutive
day.
On the following day on November 14, Nizami filed an application seeking review of the November 13 order.
Moving the petition, Nizami’s chief defence counsel Abdur Razzak
submitted that they were not able to turn up before the tribunal on the
four days due to 84-hour countrywide nonstop hartal from November 10 to
November 13.
He referred to the adjournments in the appeal hearings of the condemned
Jamaat leaders – Delwar Hossain Sayedee and Ali Ahsan Mohammad Mojaheed
by the Appellate Division of the Supreme Court due to hartal and
submitted that they could not appear before the tribunal for justified
reasons.
‘Your lordships can and perhaps in this trial should review the order.
You have asked us to submit arguments in written but it cannot be a
substitute for the oral one,’ he submitted.
Terming the November 13 order as an unusual one, the chief defence
counsel submitted that the tribunal had accommodated the defence on many
occasions earlier.
Prosecutor Mir Iqbal Hossain, on the other hand, vehemently opposed the
petition and submitted that the tribunal’s November 13 order was
justified and logical and that the International Crimes (Tribunals) Act
1973 did not permit to review the order.
After hearing both the sides, the tribunal asked the defence to start
placing arguments once again and a senior defence lawyer Mizanul Islam
began placing his arguments defending Nizami at around 12.30 pm.
His arguments resumes today. (source)