ICT scraps Ziaul Ahsan's plea challenging its jurisdiction
The International Crimes Tribunal (ICT) has scrapped a plea filed by Maj Gen (sacked) Ziaul Ahsan, an accused of crimes against humanity and genocides committed during the student-led July-August mass uprising being tried at the tribunal, challenging its jurisdiction.
Dismissing the appeal today (22 January), the panel, led by ICT chairman Justice Md Ghulam Mortuza Majumder, said there is no scope to hear the plea at the tribunal and it is a matter of the constitutional court.
The tribunal also rejected the plea of Ziaul Ahsan, former Director General of National Telecommunication Monitoring Centre (NTMC), for discharging him from the case, terming it "not maintainable and premature."
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Senior advocate MI Faruqi filed the plea, while he along with Advocate Naznin Nahar moved the petition for Ziaul Ahsan. Chief Prosecutor Muhammad Tajul Islam argued for the prosecution.
Speaking to reporters after the hearing, Tajul said, "The appeal challenged the ordinance that amended the ICT Act and the tribunal's jurisdiction."
"It argued that the law was made to prosecute war criminals, but there was no war in July and August, and since there is currently no parliament, the amendment to the law is not valid," he said.
"The petitioners also argued that it is not logical to give a retrospective function due to the inclusion of the definition of enforced disappearance in the amendment made in 2024.
He said to challenge the validity of any law, one has to go to the Constitutional Court, that has not been done.
"Also, they have applied for acquittal in the same court claiming that it has no jurisdiction," Tajul noted.
He also said a person accused of war crimes or crimes against humanity will not have any fundamental rights and any law made to prosecute him cannot be challenged even if it is inconsistent with any article of the Constitution.
The Constitution has a provision in this regard, he added.
"The defence themselves know that their plea has no legal value. They filed the plea for creating hype in the media. As the petition has been rejected, the trial will continue as usual," the chief prosecutor also said.
