Review maintainable in war crimes cases

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Staff Reporter :
The Supreme Court (SC) has allowed both the government and the convicted war criminals to file review petitions against the Appellate Division verdicts within 15 days of receiving its certified copy.
The provision is extended to both convicts and the state, the full verdict of the review filed by Abdul Quader Molla before his execution has made that clear.
The full verdict of war criminal Abdul Quader Molla’s review, rejected last year, was published on Tuesday, said SC Registrar Md Kuddus Zaman yesterday afternoon.
The verdict said, “If any review or mercy petition is filed or pending, the sentence cannot be executed unless the petitions are disposed of.”
“The copy of the full judgement on Molla’s petitions has been released. The full judgement has cleared all confusions and a convicted war criminal has gotten the right to seek a review of its verdict,” the SC registrar said.
Mollah was executed on December 12 last year after the SC had rejected his review petition.
Exercising its inherent power, the apex court allowed the both sides to file review
petitions, the court said in its full judgement on Mollah’s review petition against his death sentence.
The SC judgment was published in its website on the day after five judges of the bench have signed it, sources said.
The five judges of the appellate division bench are Chief Justice Md Muzammel Hossain, Justice Surendra Kumar Sinha, Justice Md Abdul Wahhab Miah, Justice Syed Mahmud Hossain and Justice AHM Shamsuddin Choudhury Manik.
Jamaat leader Quader Mollah, a key ally of the Pakistani occupation forces, was given life-term imprisonment by International Crimes Tribunal-2 on February 5 last year for his wartime offences. The Appellate Division on September 17 last year sentenced him to death for his crimes responding to appeals against a trial court verdict.
The state counsel then claimed that there is no scope for the condemned war criminals to move any review petition before the SC against its judgments in any war crimes case.
While the defence counsel had said the convicts have the right to move such review petitions. The SC had rejected the review petition as it did not find any error in the judgment on his appeal challenging Mollah’s death penalty, the full verdict said.
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