In the first ever execution of any war-criminal in the country’s 42 years history, Jamaat leader Abdul Quader Mollah was executed at 10.01 pm on Thursday hours after receiving the copy of the order of the Appellate Division of the Supreme Court (SC) that dismissed the petitions filed by defence lawyers. Till the filing of this report at 10.10 pm the jail authorities were taking preparation to send his body to his village home in Faridpur.
Earlier, after meeting Mollah in the central jail at 7 pm, his son Hasan Jamil told the media that Mollah wanted to meet his lawyers to discuss the issue of filing mercy petition.
“He told us that as per the jail code he has seven days for filing mercy petition and he would finalise his decision by this time. He wants to meet his lawyers,” Jamil said.
Earlier, SC on Thursday rejected the review petitions of Mollah, clearing the way for the execution of the Jamaat leader.
Of the two petitions, defence counsels sought stay on the death warrant passed by the International Crimes Tribunal. The other plea sought a review on SC verdict that sentenced Mollah to death.
On September 17, the apex court had awarded death penalty to Mollah for crimes against humanity during the 1971 Liberation War.
The government decided to execute Mollah on Wednesday at 12.01 am, but his execution was halted following the defence petition moved on Tuesday night at the residence of Supreme Court chamber judge Justice Syed Mahmud Hossain.
The chamber judge stayed the operation of the execution order till 10.30am, following the defence petition.
After hearing the two petitions, the five-member bench of the Appellate Division, led by Chief Justice Md Muzammel Hossain, dismissed the pleas, saying, “Both the criminal review petitions—No. 17 and No. 18—of 2013 are dismissed.” However, the reason for dismissal could not be known immediately.
“There is no legal bar to execute Mollah following the apex court’s order,” attorney general Mahbubey Alam told reporters soon after the top court’s dismissal order.
However, barrister Abdur Razzak told reporters: “The jail authorities cannot take any action without getting the copy of today’s Supreme Court order as the court did not reject our petitions. The apex court may give its observations in the full verdict.”
Soon after the dismissal order was pronounced, pro-Jamaat lawyers brought out a protest procession on the SC premises and chanted slogans: “If Quader Mollah is hanged, every home will be set on fire”.
Pro-AL lawyers brought out a procession, hailing the SC ruling at the same venue.
There was tight security in and around the Supreme Court premises to avert any untoward incident ahead of the review petition hearing and its verdict.
Earlier, in the morning, the SC resumed hearing on the review petition of death row convict Quader Mollah around 9.20am. The court first heard arguments whether the petition could be accepted and asked the chief defence counsel, barrister Abdur Razzak, to start hearing on the merit of the review petition.
Razzak asked the court if it had accepted the review petition. The court replied that it was yet to take any decision on the maintainability of the petition.
Later, the defence counsel sought time from the court to take preparation for review hearing. Afterwards, Razzak began to put forward arguments on the merit of the review petition.
During the hearing, Razzak raised a question regarding the acceptability of the statement of witness Momena, as her statements at the tribunal and before the investigation officer were different.
“If the statement of a witness was not same, his/her statement cannot be acceptable and the court cannot deliver sentence to the accused person,” he added.
Then Justice Surendra Kumar Sinha told that the court had accepted her statement and awarded the death sentence to Mollah.
Referring to Article 104 of the Constitution—the Appellate Division shall has power to issue such directions, orders, decrees or writs as may
be necessary for doing complete justice in any case or matter pending before it, including orders for the purpose of securing the attendance of any person or the discovery or production of any document—Razzak said that the tribunal had issued the death warrant against Mollah by violating the jail code provision.
In response to Razzak’s submission, Justice Sinha said that the tribunal had issued the death warrant as per the apex court’s directives.
Razzak told the court that as per the jail code provision, after issuing the death warrant against any convicted person, the jail authorities cannot implement it before 21 days. But, it did not follow the jail code provision in Mollah’s case, he said.
Responding to Razzak’s submission, Justice Syed Mahmud Hossain said that the sentence of the tribunal would be implemented in accordance with the government order's as Section 20 (3) of the ICT Act states that any sentence awarded under this Act shall be carried out in accordance with the orders of the government.
Opposing Razzak’s submission, attorney general Mahbubey Alam told the court that as per Section 47 (A) (2) of the Constitution, Mollah would not get any remedy for filing a review petition against the apex court verdict.
After that the court went for tea break for 30 minutes at 11am. The court resumed hearing at 11.35.
Mahbubey Alam told the court that Mollah did not get remedy to file review petition against apex court order as the constitution does allow it for him. Barr
ister Razzak urged the court to accept the two petitions to ensure justice for Mollah.
Later, the court concluded the hearing at 11.47am and said that it would deliver verdict after 10 minutes. The court sat at 12.05pm and the verdict was delivered in one minute. Then the judges left the courtroom.
After coming out of the court, advocate Khandker Mahbub Hossain, another counsel for Mollah, told reporters that Mollah could not be hanged till the defence receives the full text of the order on the review petition. “The jail authorities would not be able to execute the verdict till we receive the full text of the order,” he said.
Appellate Division shall has power to issue such directions, orders, decrees or writs as may be necessary for doing complete justice in any case or matter pending before it, including orders for the purpose of securing the attendance of any person or the discovery or production of any document—Razzak said that the tribunal had issued the death warrant against Mollah by violating the jail code provision.
In response to Razzak’s submission, Justice Sinha said that the tribunal had issued the death warrant as per the apex court’s directives.
Razzak told the court that as per the jail code provision, after issuing the death warrant against any convicted person, the jail authorities cannot implement it before 21 days. But, it did not follow the jail code provision in Mollah’s case, he said.
Responding to Razzak’s submission, Justice Syed Mahmud Hossain said that the sentence of the tribunal would be implemented in accordance with the government order’s as Section 20 (3) of the ICT Act states that any sentence awarded under this Act shall be carried out in accordance with the orders of the government.
Opposing Razzak’s submission, attorney general Mahbubey Alam told the court that as per Section 47 (A) (2) of the Constitution, Mollah would not get any remedy for filing a review petition against the apex court verdict.
After that the court went for tea break for 30 minutes at 11am. The court resumed hearing at 11.35.
Mahbubey Alam told the court that Mollah did not get remedy to file review petition against apex court order as the constitution does allow it for him.
Barrister Razzak urged the court to accept the two petitions to ensure justice for Mollah.
Later, the court concluded the hearing at 11.47am and said that it would deliver verdict after 10 minutes. The court sat at 12.05pm and the verdict was delivered in one minute. Then the judges left the courtroom.
After coming out of the court, advocate Khandker Mahbub Hossain, another counsel for Mollah, told reporters that Mollah could not be hanged till the defence receives the full text of the order on the review petition.
“The jail authorities would not be able to execute the verdict till we receive the full text of the order,” he said.
However, Mahbubey Alam said that the jail authorities do not need the order’s copy as the Supreme Court did not provide any observation in the verdict.
Replying to a query, Alam said the government can execute Mollah any time.
Barrister Abdur Razzak, however, said that Mollah still has time to seek presidential clemency till December 23.
He said, “We still have time to seek the President’s clemency till December 23. We will meet Mollah on December 21 or 22 and a decision on seeking presidential clemency would be taken,” he added.
On Tuesday, state minister for law Quamrul Islam, at a press briefing, said Quader Mollah had refused to seek the president’s clemency in the presence of two magistrates.
Thursday, December 12, 2013
Bangladesh: Jamaat islami leader Quader Mollah executed
In the first ever execution of any war-criminal in the country’s 42 years history, Jamaat leader Abdul Quader Mollah was executed at 10.01 pm on Thursday hours after receiving the copy of the order of the Appellate Division of the Supreme Court (SC) that dismissed the petitions filed by defence lawyers. Till the filing of this report at 10.10 pm the jail authorities were taking preparation to send his body to his village home in Faridpur.
Earlier, after meeting Mollah in the central jail at 7 pm, his son Hasan Jamil told the media that Mollah wanted to meet his lawyers to discuss the issue of filing mercy petition.
“He told us that as per the jail code he has seven days for filing mercy petition and he would finalise his decision by this time. He wants to meet his lawyers,” Jamil said.
Earlier, SC on Thursday rejected the review petitions of Mollah, clearing the way for the execution of the Jamaat leader.
Of the two petitions, defence counsels sought stay on the death warrant passed by the International Crimes Tribunal. The other plea sought a review on SC verdict that sentenced Mollah to death.
On September 17, the apex court had awarded death penalty to Mollah for crimes against humanity during the 1971 Liberation War.
The government decided to execute Mollah on Wednesday at 12.01 am, but his execution was halted following the defence petition moved on Tuesday night at the residence of Supreme Court chamber judge Justice Syed Mahmud Hossain.
The chamber judge stayed the operation of the execution order till 10.30am, following the defence petition.
After hearing the two petitions, the five-member bench of the Appellate Division, led by Chief Justice Md Muzammel Hossain, dismissed the pleas, saying, “Both the criminal review petitions—No. 17 and No. 18—of 2013 are dismissed.” However, the reason for dismissal could not be known immediately.
“There is no legal bar to execute Mollah following the apex court’s order,” attorney general Mahbubey Alam told reporters soon after the top court’s dismissal order.
However, barrister Abdur Razzak told reporters: “The jail authorities cannot take any action without getting the copy of today’s Supreme Court order as the court did not reject our petitions. The apex court may give its observations in the full verdict.”
Soon after the dismissal order was pronounced, pro-Jamaat lawyers brought out a protest procession on the SC premises and chanted slogans: “If Quader Mollah is hanged, every home will be set on fire”.
Pro-AL lawyers brought out a procession, hailing the SC ruling at the same venue.
There was tight security in and around the Supreme Court premises to avert any untoward incident ahead of the review petition hearing and its verdict.
Earlier, in the morning, the SC resumed hearing on the review petition of death row convict Quader Mollah around 9.20am. The court first heard arguments whether the petition could be accepted and asked the chief defence counsel, barrister Abdur Razzak, to start hearing on the merit of the review petition.
Razzak asked the court if it had accepted the review petition. The court replied that it was yet to take any decision on the maintainability of the petition.
Later, the defence counsel sought time from the court to take preparation for review hearing. Afterwards, Razzak began to put forward arguments on the merit of the review petition.
During the hearing, Razzak raised a question regarding the acceptability of the statement of witness Momena, as her statements at the tribunal and before the investigation officer were different.
“If the statement of a witness was not same, his/her statement cannot be acceptable and the court cannot deliver sentence to the accused person,” he added.
Then Justice Surendra Kumar Sinha told that the court had accepted her statement and awarded the death sentence to Mollah.
Referring to Article 104 of the Constitution—the Appellate Division shall has power to issue such directions, orders, decrees or writs as may
be necessary for doing complete justice in any case or matter pending before it, including orders for the purpose of securing the attendance of any person or the discovery or production of any document—Razzak said that the tribunal had issued the death warrant against Mollah by violating the jail code provision.
In response to Razzak’s submission, Justice Sinha said that the tribunal had issued the death warrant as per the apex court’s directives.
Razzak told the court that as per the jail code provision, after issuing the death warrant against any convicted person, the jail authorities cannot implement it before 21 days. But, it did not follow the jail code provision in Mollah’s case, he said.
Responding to Razzak’s submission, Justice Syed Mahmud Hossain said that the sentence of the tribunal would be implemented in accordance with the government order's as Section 20 (3) of the ICT Act states that any sentence awarded under this Act shall be carried out in accordance with the orders of the government.
Opposing Razzak’s submission, attorney general Mahbubey Alam told the court that as per Section 47 (A) (2) of the Constitution, Mollah would not get any remedy for filing a review petition against the apex court verdict.
After that the court went for tea break for 30 minutes at 11am. The court resumed hearing at 11.35.
Mahbubey Alam told the court that Mollah did not get remedy to file review petition against apex court order as the constitution does allow it for him. Barr
ister Razzak urged the court to accept the two petitions to ensure justice for Mollah.
Later, the court concluded the hearing at 11.47am and said that it would deliver verdict after 10 minutes. The court sat at 12.05pm and the verdict was delivered in one minute. Then the judges left the courtroom.
After coming out of the court, advocate Khandker Mahbub Hossain, another counsel for Mollah, told reporters that Mollah could not be hanged till the defence receives the full text of the order on the review petition. “The jail authorities would not be able to execute the verdict till we receive the full text of the order,” he said.
Appellate Division shall has power to issue such directions, orders, decrees or writs as may be necessary for doing complete justice in any case or matter pending before it, including orders for the purpose of securing the attendance of any person or the discovery or production of any document—Razzak said that the tribunal had issued the death warrant against Mollah by violating the jail code provision.
In response to Razzak’s submission, Justice Sinha said that the tribunal had issued the death warrant as per the apex court’s directives.
Razzak told the court that as per the jail code provision, after issuing the death warrant against any convicted person, the jail authorities cannot implement it before 21 days. But, it did not follow the jail code provision in Mollah’s case, he said.
Responding to Razzak’s submission, Justice Syed Mahmud Hossain said that the sentence of the tribunal would be implemented in accordance with the government order’s as Section 20 (3) of the ICT Act states that any sentence awarded under this Act shall be carried out in accordance with the orders of the government.
Opposing Razzak’s submission, attorney general Mahbubey Alam told the court that as per Section 47 (A) (2) of the Constitution, Mollah would not get any remedy for filing a review petition against the apex court verdict.
After that the court went for tea break for 30 minutes at 11am. The court resumed hearing at 11.35.
Mahbubey Alam told the court that Mollah did not get remedy to file review petition against apex court order as the constitution does allow it for him.
Barrister Razzak urged the court to accept the two petitions to ensure justice for Mollah.
Later, the court concluded the hearing at 11.47am and said that it would deliver verdict after 10 minutes. The court sat at 12.05pm and the verdict was delivered in one minute. Then the judges left the courtroom.
After coming out of the court, advocate Khandker Mahbub Hossain, another counsel for Mollah, told reporters that Mollah could not be hanged till the defence receives the full text of the order on the review petition.
“The jail authorities would not be able to execute the verdict till we receive the full text of the order,” he said.
However, Mahbubey Alam said that the jail authorities do not need the order’s copy as the Supreme Court did not provide any observation in the verdict.
Replying to a query, Alam said the government can execute Mollah any time.
Barrister Abdur Razzak, however, said that Mollah still has time to seek presidential clemency till December 23.
He said, “We still have time to seek the President’s clemency till December 23. We will meet Mollah on December 21 or 22 and a decision on seeking presidential clemency would be taken,” he added.
On Tuesday, state minister for law Quamrul Islam, at a press briefing, said Quader Mollah had refused to seek the president’s clemency in the presence of two magistrates.
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