The International Crimes Tribunal on Monday fixed January 22 for delivering its order on a petition filed by detained retired major general Ziaul Ahsan, challenging the tribunal鈥檚 jurisdiction to prosecute individuals for crimes committed during the July-August 2024 student-led mass uprising.
The three-member tribunal of Justice Md Golam Mortuza Mazumder, Justice Md Shofiul Alam Mahmood and retired judge Md Mohitul Hoque Anam Chowdhury set the date after hearing.
Ziaul鈥� lawyer MI Farooqui argued that the tribunal was established solely to prosecute crimes committed during the country鈥檚 1971 War of Independence, as per the International Crimes Tribunal Act 1973.
Ziaul faces multiple complaints at the tribunal over his alleged involvement in the July-August atrocities鈥攊ncluding the killings of opposition party members in so-called crossfires and enforced disappearances during the 15-year Awami League regime.
Ziaul, also a former director of Rapid Action Battalion, contested the legality of reconstituting the tribunal with sitting High Court Division judges.
His lawyer argued that High Court judges were constitutionally barred from serving in other capacities.
The lawyer further challenged the interim government鈥檚 November 24, 2024 ordinance, which extended the tribunal鈥檚 jurisdiction to include the July-August crimes.
Farooqui, contended that this ordinance violated citizens鈥� fundamental rights.
He described the July-August incidents as 鈥榩olitical conflicts鈥� that should not fall under the tribunal鈥檚 purview.
He argued that trying these crimes at the ICT constitutes double jeopardy, as several criminal cases have already been filed against similar accused over the same incidents.
Assisting Farooqui, lawyer Nazneen Nahar鈥擹iaul鈥檚 younger sister鈥攈ighlighted her brother鈥檚 forced retirement following the fall of Sheikh Hasina鈥檚 government on August 5, 2024.
Ziaul previously served as the director general of the National Telecommunication Monitoring Centre before being recalled to the army and subsequently retired.
Chief prosecutor Muhammad Tajul Islam opposed the petition, terming it a ploy to waste the tribunal鈥檚 time and stir controversy.
He called for petition鈥� dismissal with heavy costs, asserting that individuals accused of crimes against humanity, genocide, and war crimes cannot claim fundamental rights or file writ petitions with the High Court.
Tajul further argued that the tribunal, being a criminal court, lacks the jurisdiction to entertain constitutional challenges.
He accused Ziaul of filing the petition to gain media attention and undermine the tribunal鈥檚 credibility.
Earlier in the same day the tribunal ordered an assistant commissioner of Dhaka Metropolitan Police Tanjil Ahmed and two constables鈥� detention in the jail in separate complaints of crimes against humanity during the July mass uprising.
The tribunal passed the order after the three accused police were produced before the tribunal and prosecutor BM Sultan Mahmud sought their detention in separate cases.
Of the three accused, police assistant commissioner Tanjil is an accused of committing crimes against humanity in at Jatrabari, where college student Imam Hossain Taim was shot to death on July 20, 2024.
Constable Akram Hossaina is an accused of the crimes against humanity in Gazipur where college student Hridoy was shot death while another constable Hossain Ali is facing a crime against humanity committed at Uttara in the capital.
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